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ACT AGAINST SEXUAL
HARRASSMENT AT
WORKPLACE 2013

SEXUAL HARASSMENT
 The United Nations General Recommendation 19
to the Convention on the Elimination of all Forms of
Discrimination against Women defines sexual
harassment of women to include
“such unwelcome sexually determined behaviour as
physical contact and advances, sexually coloured
remarks, showing pornography and sexual
demands, whether by words or actions. such
conduct can be humiliating and may constitute a
health and safety problem; it is discriminatory when
the woman has reasonable ground to believe that
her objection would disadvantage her

In connection with her employment, including
recruitment or promotion, or when it creates a
hostile working environment”.

WHY A LAW ON WORKPLACE SEXUAL
HARASSMENT
 Sexual Harassment violates women’s right to
equality, life and liberty
 It creates an insecure/ hostile work environment
 It discourages women’s participation in work
 It adversely affect women’s social and economic
empowerment.
 It affects mental and physical health of women
 Reduces productivity and lowers the standard of
their work

 The Act replaces the Vishaka Guidelines
1997 of the Supreme Court issued by
Justice JS Verma
 These guidelines were laid down during
the case of Vishaka and others vs State of
Rajasthan. This case recognised that
sexual harassment is the violation of
fundamental rights of the citizen .
The guidelines laid down during the case
forms the basis of the new Act

VISHAKA CASE
FACTS OF THE CASE
 Bhanwari Devi was a grassroots social worker
employed as a part of the Women’s Development
Project run by the Government of the Rajasthan. She
was gang raped by couple of thakurs in her village
who had not forgiven her for her efforts to curb child
marriage existing there. The days that followed were
those of humiliation and injustice for Bhanwari Devi
and her husband.When she was sent to Primary
Health Clinic, both the female doctors who should
have been on the duty were absent. At the police
station ,Bhanwari was asked to deposit her lehenga
as evidence, she had to cover herself with her
husband’s blood stained turban

 On a writ petition filed by Vishaka which was an
NGO, the Supreme Court bench under Justice
Verma has laid down 12 guidelines which
incorporated certain duties on both the employer
and government for prevention of sexual
harassment.
 It created a complaint mechanism

SEXUAL HARRASSMENT IN WORKPLACE AS
A VIOLATION OF FUNDAMENTAL RIGHTS
 In Vishaka case , Supreme Court has stated that
an act of sexual harassment at workplace as
violations of Article 14, 15,19 and 21.
 Article 21 deals with right to life which deals with
right to live with dignity. Hence in relation to
women it entrust in her right to work with dignity.
 India has signed and ratified the Convention on
the Elimination of all Forms of Discrimination
against Women (CEDAW)

THE SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE (PREVENTION, PROHIBITION AND
REDRESSAL) ACT 2013
 The Act was passed on 22 April 2013- on the
day Justice JS Verma died and came into
force on 9th December 2013.
 Section 3 (1) of the Act states that no women
shall be subjected to sexual harassment at
any work place.
 The Act entrust in the government and
employer certain duties and obligations.

DEFINITIONS
Sexual Harassment
 Article 2 (n) of Act defines sexual harassment.
 Sexual harassment includes any one or more of
the following unwelcome acts or behaviour
(whether directly or by implication) namely-
i. Physical contact and advances or
ii. A demand or request for sexual flavours or
iii. Making sexually coloured remarks or
iv. Showing pornography or
v. Any other unwelcome physical, verbal or
nonverbal conduct of sexual nature

 Besides this, section 3 (2) of the Act states that
following circumstances ,if it occurs or is present in
relation to or connected with any act or behaviour of
sexual harassment may amount to sexual
harassment-
i. Implied or explicit promise of preferential treatment
in her employment
ii. Implied or explicit threat of detrimental treatment in
her employment
iii. Implied or explicit threat about her present or future
employment status or
iv. Interference with her work or creating an
intimidating or offensive or hostile work
environment for her or
v. Humiliating treatment likely to affect her health or
safety

EMPLOYEE
 Employee
 “Employee” means a person employed at a
workplace for any work on , regular, temporary, ad
hoc or daily wage basis, either directly or through
an agent, including a contractor, with or without the
knowledge of the principal employer whether for
remuneration or not, or working on a voluntary
basis or otherwise, whether the terms of
employment are expressed or implied and includes
a co-worker, a contract worker, probationer, trainee,
apprentice or called by any other such name

EMPLOYER
 “ employer” means –
i. In relation to any department, organisation,
undertaking, establishment, enterprise, institution,
office, branch or unit of the appropriate government or
a local authority, the head of department,
organisation, undertaking, establishment, enterprise,
institution, office, branch or unit or such other officer
as the appropriate government or the local authority,
as the case may be, may by an order specify in this
behalf
ii. In any workplace not covered under sub-clause (i),
any person responsible for the management,
supervision and control of the workplace

WORKPLACE
 Workplace includes-
i. Any department, organisation , undertaking,
establishment, enterprise, institution, office ,
branch or unit which is established, owned or
controlled or wholly or substantially financed by
funds provided directly or indirectly by the
appropriate government or the local authority or a
government company or a corporation or a
cooperative society.
ii. Any private sector organisation or a private
venture, undertaking
enterprise,institution,establishment,society,trust,n
on governmental organisation, unit or service
provider

 Carrying on commercial, professional,
vocational,educational,entertainmental,industrial,he
alth service or financial activities including
production,supply,sale,distribution or service.
 Hospitals or nursing homes
 Any sports institute,stadium,sports complex or
compensation or games,venue,whether residential
or not used for training, sports or other activities
relating thereto.
 Any place visited by the employee arising out of or
during the course of employment including
transportation provided

 By the employee for undertaking such journey.
 a dwelling place or house.

INTERNAL COMPLAINTS COMMITTEE
 Chapter 2 of the Act deals with internal complaints
committee.
 Internal Committee must have a presiding officer who
must be a women employed at senior level, not less
than two members who are committed to the cause of
women or have a legal knowledge and one member
from a NGO
 One half of the total member shall be women and
hold office for at least three years
 The Act also have provisions which deal with
circumstances for their removal.

LOCAL COMPLAINTS COMMITTEE
 The Act gave power to District Magistrate or District
Collector to constitute a local complaint committee
 Receives complains from workplaces having less than 10
workers or if the complaint is against employer himself.
 District officer appoints a nodal officer in every block,
taluks, wards, tribal areas and municipalities to receive
complaints and forward it to local complaints committee .
 The members of local complaints committee are
nominated by district officer and consist of a lady
chairperson selected from among eminent women in the
field of social work, one women working in taluk, ward or
municipality ,two members atleast one should be woman
and nominated from NGOS

 The act also mandates that at least one of the
nominees should have legal knowledge and at
least one of the nominees shall be women
belonging to SCs, STs, OBCs or other minority
community notified by central government
 The concerned officer dealing with social welfare or
women and child development in the district shall
be a member ex officio
 The act also deals with the tenure of members and
requirements for their discharge.

COMPLAINT
 A complaint of sexual harassment must be filed
within 3 months.
 The complainant shall submit to the complaints
committee, six copies of complaint along with
supporting documents and the names and
addresses of the witnesses
 Section 10 of the act make provision for the
conciliation between the aggrieved woman and the
respondent,
 This option will be used only at the request of the
women.
 Monetary settlement shall not be the basis of
conciliation.

INQUIRY
 According to the Service rules or Prescribed rules;
 Opportunity to both parties to be heard;
 After findings: the parties can make their
representation;
 During the Pendency of Inquiry, ICC may make
Recommendations to the Employer to:-
i. Transfer the aggrieved woman or the respondent
to any other workplace, or
ii. Grant leave to the aggrieved woman up to period
of 3 months.
iii. Grant such other relief to the aggrieved woman
as may be prescribed.

 Internal Committee or Local Complaints committee
shall provide a report of its finding within 10 days
after the completion of enquiry to employer or
district officer.
 In conducting an enquiry, a minimum of three
members of the complaint committee including the
presiding officer shall be present.
 The inquiry should be completed within 90 days
after receiving the complaint

GRIEVANCE REDRESSAL PROCESS
 gg
Incident of
sexual
harassmen
t
Complaints
made to
ICC/LCC
Settlement
•Not monetary
•ICC to record
settlement and
forward to LCC
and parties
•No further inquiries
Inquiry
No
settlement
Aggrieved women
request for a settlement

MANNER OF TAKING ACTION FOR SEXUAL
HARASSMENT
 Except in cases where service rules exist, where
the complaints committee arrives at the conclusion
that the allegations against the accused has been
proved, it shall recommend to the employer or the
District Officer, as the case may be to take any
action, including a written apology, warning,
reprimand or censure, withholding of promotion,
withholding of pay rise or increments, terminating
the respondent from the services or undergoing a
counselling session or carrying out a community
service

DUTIES OF EMPLOYER
Provide safe
working
environment
Organise
workshops
and
awareness
programmes
treat sexual
harassment
as a
misconduct
under the
service rules
Providing
necessary
facilities to
LCC/ ICC
Monitor the timely
submission of reports
by the Internal
Committee

MISCELLANEOUS
 Internal Committee or Local Committee shall in
each calendar year prepare an annual report and
submit the same to the employer and the District
Officer
 The act also imposes penalties on employer for its
inaction with a fine which may extend to 50,000.
 Appropriate Government shall monitor the
implementation of the act.

 Total number of workers:1000( casual labourers)
 Presence of ICC: yes
 Formation of ICC: 3 months before
 Complaints received: nil
 Composition of ICC: 3
 Presiding officer: Mrs. Thresyamma
 NGO representation: no
 Annual reports: no
 Provision of sexual harassment in service rule: no
 Orientation programs: yes

 Total number of workers: around 250
 Formation of ICC: 3 years before
 Complaints received: yes
 Composition of ICC:11
 Presiding officer: deputy collector
 NGO representation: yes
 Annual report: no
 Provision of sexual harassment in service rules: yes

 Total number of workers: around 100
 Formation of ICC: 6 months before
 Complaints received: no
 Presiding officer: C.I. , women cell
 NGO representation: no
 Provision of sexual harassment in service rules: yes

 Total number of workers: 32
 Formation of ICC: 26/02/2014
 Presiding officer: Leela Subramanian
 Provision of sexual harassment in service rules: no
 Orientation programs: no

 Total number of members: 50-60
 Till now they didn't formed an internal complaints
committee in their branch. They told us that they do
have an ICC in their other branches. But the initial
steps to form an ICC is already taken and its under
approval.

KERALA AGRICULTURAL UNIVERSITY

 Total number of workers: 20000
 Presence of ICC: initial stage
 Formation of ICC: under approval
 Presiding officer: yes
 Provision of sexual harassment in service rules:
SRO 298/72.

 Total number of members: around 1500
 Formation of ICC: 22/05/2007
 Presiding officer: Dr.Prabha Kumari
 Annual reports: yes
 Provision of sexual harassment in service rules: no

DEMERITS
 Though many companies had taken some
measures in pursuance of the act, but they are not
implemented in accordance with the full spirit of the
act.
 In many business establishments , Internal
Complaints Committee does not contain a member
of NGO which act mandates it to be.
 Often members of ICC is selected mechanically
 Most companies have not defined investigation
procedures in their company rules

 It is argued by many that act against sexual
harassment at workplace must take up not only the
cause of women but also men
 There is no prescribed time limit for the constitution
of complaint committees under the act

COMPARATIVE ANALYSIS OF ACT AGAINST
SEXUAL HARASSMENT AT WORK PLACE IN
DIFFERENT COUNTRIES
 Britain
The Acts that are applicable in Britain if you are
subjected to sexual harassment at work are the Sex
Discrimination Act and the Employment Rights Act.
The Sex discrimination act makes it unlawful for
employers in great Britain to subject someone to
sexual harassment.
 The act also makes it unlawful to harass a
transsexual person because they intend to
undergo, are undergoing, or have undergone
gender reassignment.

 Sexual harassment itself is prohibited by sex
determination act but, in many instances, it will be
accompanied by other forms of unfavourable
treatments such as not being recruited, criticism of
work, lack of promotion, enforced transfer and ill
health or dismissal.
 The Employment Equality ( sex determination)
Regulations act in 2005.
 The new law extends to the protection of sex
determination rules to cover sexual harassment.

 The Equality Act 2010 also made changes to sex
discrimination act. The law relating to harassment is
extended in this act so that employees can bring a
complaint for harassment even where it is not
directed at them personally, so long they can show
that the harassment created an offensive
environment for them to work in

AUSTRALIA
 Under Australian Law, a person who sexually harasses
someone else is primarily responsible for their
behaviour. However in many cases the company also be
held vicariously liable for sexual harassment by the
employees, agents and contractors, unless it can show
steps that it took to prevent the sexual harassment from
occurring
 The Sex and Age Discrimination Legislation
Amendment Act 2011 amended the Sex Discrimination
Act 1984 in May 2011 to expand the protections against
sexual harassment.
 The victim can make a complaint to the Australian
Human Rights Commission, in case he/she has been
sexually harassed.
 If the complaint is not resolved, then the victim can take
the complaint to Court

BRAZIL
 In 2001, Brazilian Government enacted a criminal
law ( Law No 10.224)
 The law defined sexual harassment as an
embarrassing conduct performed by a worker in a
superior hierarchical position against someone
hierarchically inferior at work, in order to obtain
advantages or sexual favours.
 The law made sexual harassment a crime with
imprisonment from one up to two years.
 This legislation has set Brazil apart from most
countries where harassment is dealt with under civil
law.

PAKISTAN
 In 2010, Pakistan had passed an act against sexual
harassment at work place titled “ The Protection
against harassment of women at the workplace Act
2010”.
 The Act required each organisation to constitute an
Inquiry Committee which shall consist of 3
members of whom at least one member shall be
woman
 The Act specifically mentions penalties which
should be imposed if a person is found guilty of
offence

 The Act provide a provision such that in case
complainant is in trauma the organisation will
arrange for psycho-social counselling or medical
treatment and for additional medical leave.
 A provision for appeal to Ombudsman is also
allowed by the Act

CONCLUSION
The Act against sexual harassment at workplace
confers certain rights on the part of employer as
well as government. This Act is essential in
providing women with a safe working environment
and helps in developing productive work force and
is very important in these days were there is
increasing reports of violence against women.
Providing free legal aid to women and change in
attitude of men towards women can help in
eradicating the menace of sexual harassment.

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