1. SEXUAL HARASSMENT OF WOMEN
AT WORKPLACE (PREVENTION,
PROHIBITION AND REDRESSAL)
ACT, 2013
2. INTRODUCTION
It is an Act to provide protection against
sexual harassment of women at workplace
and for the prevention and redressal of
complaints of sexual harassment and for
matters connected therewith or incidental
thereto.
The Act came into force on 22 April 2013
3. THE LAW RECOGNIZES
Gender equality under Article 14 of the
Constitution of India and
the right to life and live with dignity
under Article 21 of the Constitution
which includes a right to a safe
environment free from sexual
harassment.
4. OBJECTIVE OF THE LAW
No woman shall be
subject to sexual
harassment at any
workplace
5. SEXUAL HARASSMENT MEANS
Unwelcome sexual behavior of direct or
implied nature such as
Physical contact & advances
Request for sexual favours
Sexually colored remarks
Showing pornography &
unwelcome physical, verbal or nonverbal sexual conduct
6. THE INGREDIENTS OF SEXUAL
HARASSMENT
Sexual in
nature
Must occur at
Workplace
Must be
unwelcome
7. WORKPLACE INCLUDES
organizations, departments, institutions, office,
branch unit etc. in the public/private sector,
both organized and unorganized,
hospitals, nursing homes, educational
institutions, sports institutes, stadiums, sports
complex,
NGOs, trusts, cooperatives, societies , service
providers &
any place visited by the employee in the course
of employment including transportation
8. KINDS OF WORKPLACE HARASSMENT
Hostile Work
Environment
Quid Pro Quo
Environment
9. HOSTILE WORKING ENVIRONMENT
MEANS
Creating an intimidating work environment
& humiliating treatment likely to affect
woman’s health/safety
A pervasive form of sexual harassment that
makes the work environment 'hostile'
sexist remarks, display of pornography or
sexist/obscene graffiti, physical
contact/brushing against female employees
make work environment hostile
10. QUID PRO QUO SEXUAL FAVOURS
Implied or explicit promise of preferential
treatment in job, threat of detrimental
nature & threat to job
sexual favours or advances in exchange
for benefits
This refers to sexually explicit behaviour
or speech becomes a condition for
employment
Refusal to comply with a 'request' leads to
retaliatory action such as dismissal,
demotion, difficult work conditions.
11. KINDS OF EMPLOYEES COVERED
regular/temporary/ad-hoc/daily wage
employees, whether for remuneration
including volunteers
Contractual worker, probationer trainee
apprentice etc
12. ALL WOMEN COVERED
irrespective of her age or employment
status,
in the organised or unorganised sectors
public or private and
covers clients, customers and domestic
workers
13. EMPLOYERS RESPONSIBILITY
To provide safe work environment devoid
of harassment
Preventive measures to be taken
Formulate a policy that prohibits
harassment as part of service rules
Policy should say what constitutes
sexual harassment
Policy to explain complaint procedures
14. NO HARASSMENT POLICY
There is a no-sexual harassment policy framed
The policy set forth an express commitment to
eradicate and prevent sexual harassment
with express prohibition of sexual harassment.
an explanation of penalties (including
termination) the employer will impose for sexual
harassment &
with a detailed outline of the grievance procedure
15. CONSTITUTION OF INTERNAL
COMPLAINT COMMITTEE
The Sexual Harassment Act requires an
employer to set up an 'Internal Complaints
Committee' ("ICC“) at each office or branch,
of an organization employing at least 10
employees.
* Provided that where the offices of
administrative units of the workplace are
located at different places or divisional or
sub-divisional level, the Internal Committee
shall be constituted at all administrative
units or offices.
16. FEATURES OF ICC
Internal Complaints Committee has been set up
with 4 members to deal with the cases of
harassment.
Such a committee is headed by a _________
ICC has two members i.e.____ & _____among the
employees of the Company
ICC have half its members as women & include a
third-party representative from an
__________NGO conversant with sexual
harassment
17. HOW TO MAKE A COMPLAINT?
A complaint by the aggrieved women can be made in
writing, however if complaint cannot be made in
writing, Member of ICC will provide all the reasonable
assistance to the women for making complaint in
writing.
Do not make general allegations such as the Manager
harassed me. Be specific.
Tell exactly what happened with detail, dates, witnesses
& documents
Be honest. Do not lie, as you could be sued for your
lying
Also, request what you want like “I want you to reassign
me to a different manager”.
Your employer need not have to accept your suggestion,
but your input will be helpful.
18. TIME LIMIT
A complaint of sexual harassment can
be filed within 3 months
However it may be extended to another 3
months - if the woman can prove that
grave circumstances prevented her from
filing the complaint.
19. PROVISION FOR CONCILIATION
The ICC can take steps to settle the matter
between the aggrieved woman & the
respondent,
This option will be used only at the request
of the woman.
Monetary settlement shall not be the basis
of conciliation.
If the settlement is not complied with by
the respondent, the complainant can go
back to the Committee to initiate an
inquiry
20. COMPLETION OF INQUIRY
The Committee is required to complete
the inquiry within 90 days.
On completion of the inquiry, the report
will be sent to the employer within 10
days of completion of enquiry
they are mandated to take action on the
report within 60 days
21. COMMITTEE TO RECOMMEND
ACTIONS
the Committee can recommend action
against the respondent as per the rules
the committee can recommend
deduction of an appropriate sum from
the salary of the respondent or
ask the respondent to pay the sum.
22. FALSE COMPLAINT
If complaint is false with malicious
intent, the complainant can be penalized
as per the Service Rules or any other
manner as may be prescribed
An enquiry to de conducted prior to
establishing malicious intent
Mere inability to prove the case will not
attract penalty
23. PROHIBITS DISCLOSURE OF IDENTITY
Disclosure of the identity and addresses
of the aggrieved woman, respondent and
witnesses prohibited
Information regarding the justice
secured to any victim, without
disclosing the identity, can be
disseminated
24. CIVIL SUIT FOR DAMAGES
Civil suit can be filed for damages under
tort laws.
For mental anguish, physical
harassment, loss of income and
employment caused by the sexual
harassment.
25. CONCLUSION
Law makes sexual harassment as a legal
wrong
Long term aims and goal of harmony at both
work and society at large should be kept in
mind.
Legal recourse will build up confidence
amongst female employees.
Employers to ensure a safe and supportive
atmosphere which will enhance the
productivity
