This presentation serves as a primer on India's new anti-sexual harassment law. More specifically, this presentation also outlines the legal obligations of employers towards women employees under the new anti-sexual harassment legislation.

1. Sexual Harassment at Indian workplaces:
Legal obligations of employers
GameChanger Law Advisors

2. Law on Sexual Harassment at
Workplaces
 In 1997, Supreme Court in the case of Vishaka & Ors vs State Of
Rajasthan & Ors laid down guidelines on prevention of sexual
harassment at workplaces (“Guidelines”)
 The
Sexual
Harassment
of
Women
at
Workplace
(prevention, prohibition and redressal) Act, 2013 (“Act”)
 Act notified on December 09,2013
 The
Sexual
Harassment
of
Women
at
Workplace
(prevention, prohibition and redressal) Rules, 2013 (“Rules”)
 The Act and Rules will replace Guidelines

3. Applicability of Act..
 All Workplaces
 Workplace defined under Section 2(o) of the Act to include:
•
any private sector organization, enterprise, institution, establishment,
society,
trust,
NGO,
service
provider
carrying
on
commercial,
professional, vocational, educational, entertainment, industrial, health
services or financial activities including production, supply, sale,
distribution or service

4. ..Applicability of Act
• hospitals or nursing homes
•
any sports institute, stadium, sports complex/competition/
games venue, whether residential or not used for training/
sports/other activities
•
any place visited by employee arising out of or during course
of employment including transportation provided employer for
undertaking such journey
•
dwelling place/house

5. What Is Sexual Harassment?
 Section 2(n) of the Act defines Sexual Harassment to include the
following:
 Any unwelcome behavior (direct or by implication) such as:
a)
physical contact and advances
b)
demand/request for sexual favors
c)
sexually colored remarks
d)
showing pornography
e)
any other unwelcome physical/verbal/non-verbal conduct of
sexual nature

6. Obligations of employers under
Act/Rules..
 Framing of an Anti-Sexual Harassment Policy
 To be notified, published and circulated within organization
 When such conduct amounts to a specific offence under Indian
Penal Code/ any other law ( such as Rape), employer to initiate
action by filing complaint with appropriate authority
 Establishment of complaint redressal mechanism within organization

7. ..Obligations of employers under
Act/Rules
 Disciplinary action when allegations of sexual harassment proved
 Encouraging employees to raise any issue of sexual harassment
 When outside party is alleged to have subjected employee to
sexual harassment, employer to help employee initiate action
against such person
 Carry out employee awareness programs

8. Establishment of complaint redressal
mechanism
 Act provides for establishment of internal complaints committee
(“Committee”)
 Constitution:
•
headed by woman employed at a senior level at workplace
amongst employees
•
half of the members to be women
•
to include third party-NGO/other body
•
2 persons amongst employees committed to cause of
women/ experience in social work/ legal knowledge
 Term of committee : 3 years

9. What should the
Committee do on receiving
complaint?
•
If complainant wishes, Committee to settle the matter through
conciliation
•
Terms of settlement to then be communicated to Employer to
take action
•
If no conciliation is preferred, inquiry to be conducted by
committee

10. Relief to complainant during inquiry
 During pendency of inquiry, complainant may be transferred or
given leave, if so requested
 Person against whom complaint has been made can be
restrained from reporting on:
• work performance of complainant
• academic activity of complainant,
educational institution
where organization-

11. What should Committee do on completion
of inquiry?
 A report of findings of committee to be given to Employer within
10 days
 If allegation of sexual harassment is proved:
a) Action to be taken according to Rules
b) Compensation to complainant to be deducted from salary of
offender

12. Action that can be taken against offender
 Written apology
 Warning
 Reprimand
 Withholding increments/ promotion
 Termination from service
 Undergoing counselling session
 Carrying out community service

13. How should compensation be
determined?
Having regard to :
a) mental trauma, pain, suffering and emotional distress caused to
complainant;
b) loss in career opportunity due to sexual harassment;
c) medical expenses incurred by victim for physical or psychiatric
treatment;
d) income/ financial status of offender;
e) feasibility of such payment in lump sum or in instalments

14. Submission of Annual Report
 committee to prepare annual report
 submit it to employer and the District Officer in the District where
organization is situated
 annual report to include:
• number of cases filed
• disposal under the Act
• cases pending for more than 90 days
• number of workshops conducted
• nature of action taken by employer

15. Penalties
 Act prescribes penalty for not
a) establishing Committee
b) submitting annual report
c)
submitting inquiry report
d) taking action against false complaint/evidence
 And for contravention of other provision of Act/Rules
 Penalty: Rs. 50,000

16. THANK YOU..
For further information on this presentation, please feel free to
contact:
Amrut Joshi (amrut@gamechangerlaw.com) or
Neha Rao (neha@gamechangerlaw.com)