Sexual Harassment of Women

at Workplace (Prevention,
Prohibition and Redressal) Act,
2013

A PRESENTATION BY
NARAYAN CHANDRA SARANGI, Ph.D.
XaHR, XAVIER UNIVERSITY
BHUBANESWAR
 Sexual Harassment of Women at
Workplace (Prevention, Prohibition
and Redressal)
Sexual Act, 2013
Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013
(hereinafter referred to as the 'Act') for prevention of
sexual harassment against women at the workplaces.
The Central Government vide notification SO 3606 (E)
appointed 9 December 2013 as the date on which the
provisions of the Act came into force and on the same
day, the Central Government made the Sexual
Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Rules, 2013 ;
 Extends to whole of India;
 Every organization who has more than 10 employees.
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Sexual Harassment of Women at
Workplace (Prevention, Prohibition
and Redressal) Act, 2013
 The Act is enacted by the Indian Parliament to provide
protection against sexual harassment of women at
workplace and prevention and redressal of complaints
of sexual harassment and for matters connected
therewith or incidental thereto.
 Sexual harassment is termed as a violation of the
fundamental rights of a woman to equality under
Articles 14 and 15 of the Constitution of India and
right to life and to live with dignity under Article 21 of
the Constitution of India.
 Sexual harassment is also considered a violation of a
right to practice any profession or to carry on any
occupation, trade or business which includes a right to
a safe environment free from sexual harassment.
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Sexual Harassment of Women at
Workplace (Prevention, Prohibition
and Redressal) Act, 2013
DEFINITION OF SEXUAL HARASSMENT:
 Anything at work that can place the working woman at disadvantage
compared to other male employees in her official career just because
she is a woman – can be termed as sexual harassment
 Unwelcome sexually determined behaviour & demands from males
employees at workplace:
 any physical contacts and advances
 sexually colored remarks
 showing pornography
 passing lewd comments or gestures
 sexual demands by any means
 Any rumours/talk at workplace with sexually colored remarks about a
working woman. Even spreading rumour about a woman’s sexual
relationship with anybody falls within the ambit of the term sexual
harassment.

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SEXUAL HARASSMENT

5
 Vishaka & others v. State of Rajasthan &
others AIR 1997 SC 3011

The litigation resulted from a brutal gang rape of a publicly

employed social worker in a village in Rajasthan during the
course of her employment. The petitioners bringing the action
were various social activists and non-governmental
organisations. The primary basis of bringing such an action to
the Supreme Court in India was to find suitable methods for the
realisation of the true concept of “gender equality” in the
workplace for women. In turn, the prevention of sexual
harassment of women would be addressed by applying the
judicial process. Under Article 32 of the Indian Constitution, an
action was filed in order to establish the enforcement of the
fundamental rights relating to the women in the workplace. In
particular it sought to establish the enforcement of Articles 14,
15, 19(1)(g) and 21 of the Constitution of India and Articles 11
and 24 of the Convention on the Elimination of All Forms of
Discrimination against Women. 6
DECISION OF THE COURT
In disposing of the writ petition with directions, it
was held that:
 The fundamental right to carry on any
occupation, trade or profession depends on the
availability of a ‘safe’ working environment. The
right to life means life with dignity. The primary
responsibility for ensuring such safety and dignity
through suitable legislation, and the creation of a
mechanism for its enforcement, belongs to the
legislature and the executive.
 When, however, instances of sexual harassment
resulting in violations of Arts 14, 19 and 21 are
brought under Art 32, effective redress requires
that some guidelines for the protection of these
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rights should be laid down to fill the legislative

Apparel Export Promotion Council v.
A K Chopra, AIR 1999 SC 625

 This decision was important in that it clarified that “actual

molestation or even physical contact” are not required for the
purpose of establishing a case of sexual harassment “if the
background of the case establishes the genuineness of the
complaint.”
 At the same time, however, it also held that the harassing
conduct of the respondent was “against moral sanctions
and . . . did not withstand the test of decency and modesty
and . . . projected unwelcome sexual advances.”
 Thus, the Supreme Court collapsed the definition of sexual
harassment that originated from the right to equality and
dignity into the criminal law offence of outraging the modesty
of a woman. It held that “[a]ny action or gesture, whether
directly or by implication, [which] aims at or has the tendency
to outrage the modesty of a female employee, must fall under
the general concept of the definition of sexual harassment.”
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 Talent

WHO IS AN

“EMPLOYEE”?
Regular, temporary, ad hoc
employees
Directly/through an Agent
EMPLOYEE

agent/contractor
With or without the knowledge
remuneration/voluntary
Express/implied terms of
employment
Probationer/apprentice…

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 The “work place”

Private Government
sector owned/contr
organizatio olled
n establishme Hospital
Sports nts s/
institutes, Nursing
stadiums, homes
training Workplac
institutions e
Vocation
Dwelling
al/
place in
AND Educatio
case of a
… nal
domestic
Instituti
worker 10
ons
 The extended

“workplace” …

Any place visited

by
the employee
 arising out of;
 or during
course of;
employment,
including
transportation
provided by
employer. 11

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 Internal Complaint Committee (ICC)

Presiding Officer
(Must be Women)

Other Members

ICC
(Minimum 4)
One person from NGO committed to cause
of women or
familiar with issues relating to sexual
harassment on allowance basis

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 Local Complaints Committee (LCC)

Constitution of LCC
(5 Members)

Must be Women May or May not be Women

Chairperson Ex- Officio

Belonging to the
Eminent Social Concerned officer Dealing Have law or
Working in the Schedule Caste or
person working with social welfare or legal
nearby area Tribe or
for the cause of women & child knowledge
Backward Class
Women development in the area

District Officer shall create LCC to receive complaints from:-

• Where ICC has not been set due to less than 10 employees in the organisation
• If complaint is against the employer 13

• Nodal officer within 7 days

 Tenure of the Committee Members

 The Presiding Officer or the Chairperson

 and other members of ICC & LCC
 shall hold office for such period not exceeding 3 years
 from the date of appointment as prescribed by the Employer or the District
Officer as the case may be.

WHO CANNOT BE A PART OF THE COMMITTEE?

 Contravenes Section 16
 Convicted for an offence or enquiry under any law is time being pending
against him/her.
 Has been found guilty or disciplinary proceeding is pending against her
 Has abused his/her position as to render his continuance in office
prejudicial to the public interest 14
 Grievance Redressal

Incident of 3 Process
months Complaint
Sexual made to
Employee
Harassment ICC/LCC requests for a
Beyond settlement
3
months

Reasons for Settlement

delay to be  Not
recorded in No monetary;
settlement  ICC to
writing Employee

Beyond 3
does not record
request for
INQUIR settlement
months settlement
Y and
forward to
LCC and
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parties
 No further
 Grievance Redressal Process
Inquiry Inquiry Allegatio No action to be
n not
Principles report to be proved
taken;
of natural submitted Assessment of
justice to to the whether
be Employer charges are
followed andAllegation
the
proved
false/malicious
parties
[within 60 • ICC/LCC to inquire
days]
Punishment into whether the
as per allegations were
Appeal to
service made with a
court/tribu
rules; malicious intention.
nal
Monetary • Inability to
penalty substantiate the
payable to complaint or
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the provide adequate

aggrieved proof doesn’t not
Complaint
 Need to make in writing (6 copies) along with
supporting documents with the name and address of the
witnesses.
 within 3 months
 of the incident or
 from last instance in case of series of incidents
 The Committee
 shall assist the aggrieved person to make the
complaint in writing.
 can extend the time for filing complaint if it is
satisfied with the reason for the delay
 If she is unable to do so due to mental or physical
incapacity then the legal heir or the person as may be
prescribed may make a complaint under this section.
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Period in Which The Complaint Needs To be Set Off!!

Within 3 months
of the last instance Aggrieved shall give written complaint

Within 7 days
the Committee shall send a copy of the complaint to the respondent

Within 10 Days
from receipt of the complaint Respondent shall file a reply along with
documents, name & address of the witnesses

Within reasonable time period

The committee shall give the recommendations

Within 90 Days
An Appeal can be filed against the recommendation
Complaint Settlement Through
Conciliation
 At the request of the aggrieved women take steps to settle the
matter between her and the respondent through conciliation
before making an enquiry.
 Though no monetary settlement shall be considered
 Post settlement ICC or LCC shall record the settlement
 Send the same to the employer or the District Officer to take
action as specified in the recommendation.
 Committee shall also provide the copies of the recorded
statement to the aggrieved women and the respondent.
 Where an settlement has arrived no further inquiry shall be
made by the committee

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Inquiry Into Complaint
 In case the respondent is an employee the committee shall
proceed in accordance with the service rules.
 where not available or applicable shall forward the complaint to
the police under 509 of the Penal Code and relevant provisions
within 7 days if prima facie case exist.
 Also if the complainant informs the committee that any terms or
condition of the settlement has not been complied then the
committee proceed to make an enquiry or forward the
complaint to the police
 If both are employees then opportunity to be heard shall be
given equally

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Inquiry Into Complaint
 Notwithstanding anything contained in the section 509 of the
Penal Code may direct the respondent to pay sums as it may
appropriate to the aggrieved women having regard to section
15
 During the pendency of an inquiry the committee may
recommend:-
 Transfer the aggrieved women or the respondent to new
work place
 Grant leave to the aggrieved up to a period of 3 months
which shall be in addition to the leave entitled to her
 Grant any other relief as may be prescribed
 Employer shall implement upon the recommendation and send
a report to the committee

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 Inquiry Report
 Within 10 days of completion of the enquiry the committee
shall provide report to the employer or district officer as the
case may be and should be available to the concerned parties
 If the committee arrives at the conclusion that the allegation
has not been proved it shall recommend to take no action.

RESPONDENT PROVED GUILTY

 Take action in accordance with the provisions of the service rules
applicable, where no such rules has been made, in such manner as
prescribed
 To deduct from the salary or wages or direct such sum as it may consider
appropriate to be paid to aggrieved or her legal heirs in accord with sec. 15
 The concerned authority shall act upon the recommendation within 60 days
of its receipt.
IF allegations Proved to be Wrong
 If false complaint made or any forged documents being
produced the committee may recommend to take action as per
the service rules or as otherwise prescribed.
 But if the complainant is unable to provide adequate proof
then no action is to be taken
 The malicious intent shall be established after an enquiry in
accordance has been made with the prescribed procedure.
 Committee arrives at an conclusion that during inquiry false
evidence has been produced then it may recommend action
against the witness as per service rule or as prescribed

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 Section 15 (determining of Sums to be
paid)
 Committee shall need to have regard to:-
 The mental trauma, pain suffering and emotional distress caused to the
aggrieved
 The loss in the career opportunity
 Medical expenses incurred post the incident
 Income & financial status of the respondent
 Feasibility of such payment in installment or in lump sum

SECTION 16 (MAINTENANCE OF SECRECY)

 Notwithstanding anything contained in the Right to Information Act
 The Complaint’s Identity & Address of Aggrieved, respondent and
witness, Information relating to the conciliation, Inquiry and
recommendation by the committee
 Action taken by employer or District Officer, shall not be
published, communicated or made known public, in media in any
manner
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Duties of Employer

 Make such information available to the

committee as it may require in accordance
with the complaint lodged
 Provide assistance to the aggrieved if she
wishes to file the complaint under Indian
Penal Code or any other law in force
 Treat sexual harassment as a misconduct
under service rules and initiate action for
such misconduct
 Monitor timely submission of report by the
ICC
 Cause to initiate action, under the Penal
Code against the perpetrator in the
workplace where the incident took place

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DUTIES OF EMPLOYER
 Safe Working Environment and safety from
persons coming into contact at the
workplace
 Display
 The penal consequences of sexual
harassment
 Order constituting the Committee
 Organize workshops and awareness
programmes at regular intervals
 Providing necessary facilities to the
committee for dealing with complaint and
conducting an inquiry
 Assist in securing the attendance of
witness & respondent before the
committee
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 Duties of the District Officer

 Monitor the timely submission of reports furnished by the LCC.

 Take such measures as may be necessary for engaging NGO for creation of
awareness on sexual harassment and the rights of the women.

NON COMPLIANCE OF THE ACT

 Monetary penalty of up to maximum of Rs. 50,000/- may be imposed.
 Repetition of the same could result in punishment being doubled and/or
 De-registration of the entity or revocation of any statutory business
licenses.

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 Miscellaneous

 The committee in such form at such time as prescribed, an annual report

and submit the same to the employer or the District Officer
 District Officer shall submit the brief report on annual report to the State
Government.
 The employer in his annual return shall include the number of cases filed if
any and their disposal under this Act, where no such report is required to
be prepared intimate such number of cases to the District Officer
 The appropriate Government shall monitor the implementation of this Act
and shall maintain data on the number of cases filed & disposed in respect
of all cases of sexual harassment at workplace

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 END NOTE

THE best thermometer to measure

The true progress of a nation is the
treatment of its women.

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