2. This presentation is about the latest Indian
Law on
The Sexual Harassment of Women at
workplace (Prevention, Prohibition and
Redressal) Act 2013
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3. Protection of women against sexual harassment at
workplace and for the prevention and redressal of
complaints of sexual harassment and for the matters
connected therewith of thereto.
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Purpose of this Act:
4. Major Contents of this law:
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•Foundation of the law
•Definitions
•Constitutions of Internal Complaints committee
•Constitutions of local complaints committee
•Inquiry with complaints
•Duties of Employer
•Duties and powers of District Officers
•Other Requirements
5. Foundation of the Act:
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•Constitution of India
•Human Rights by International Conventions &
Instruments-Convention on the elimination of all forms
of discriminations against women (CEDAW)-which has
been ratified on 25th June 1998 by Government of India
•Article 11 of the CEDAW clarifies that equality to
employment can be seriously impaired when women are
subjected to gender specific violence, such a sexual
harassment at work
6. Reason for this Act:
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1. Sexual harassment at a workplace is considered
violation of women ‘s right to equality, life and
liberty. It creates an insecure and hostile work
environment, which discourage women’s
participation in work, thereby adversely affecting
their social and economic empowerment and the
goal of inclusive growth
7. Reason for this Act:
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2. With more and more women joining the workforce,
both in organised and unorganised sectors ensuring
an enabling working environment for women
through legislation is felt imperative by the
Government
8. Rights by the constituents
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1. Article 14 & 15
Embodies the concept of equality and prohibits
discrimination on the grounds of religion, race ,caste
,sex or place of birth or any one of them
2. Article 19
Give fundamental rights to all citizens to practice any
profession or to carry out any occupation, trade or
business. This right presupposes the availability of an
enabling environment for women. which equoties,
safe, and secure in every aspects
9. Rights by the constituents
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3. Article 21
Right to life and personal liberty, includes the right to
live with dignity and in case of women, it means that
they must be treated with due respect, decency and
dignity at workplace.
10. The act extends to whole of India
Definition:
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1.Employee:
A person employed at the workplace for any work
includes regular, temporary, ad hoc, daily wage
employees either directly or through agent and
persons who are working on a voluntary basis i.e.
without remuneration. The term also includes
contract workers, probationers, and trainees.
11. The act extends to whole of India
Definition:
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2. Employer:
a) Any department, organization, undertaking,
establishment, enterprise, institution, office, branch
or unit which is established, owned, 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 co-operative society; OR
12. The act extends to whole of India
Definition:
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b) Any private sector organization or a private venture,
undertaking, enterprise, institution, establishment,
society, trust, non-governmental organization, unit or
service provider carrying on commercial,
professional, vocational, educational, entertainment,
industrial, health services or financial activities
including production, supply, sale, distribution or
service;
13. The act extends to whole of India
Definition:
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3. hospitals or nursing homes
4. any sports institute, stadium, sports complex or
competition or games venue, whether residential or
not used for training, sports or other activities
relating thereto
5. any place visited by the employee arising out of or
during the course of employment including
transportation provided by the employer for
undertaking such journey
6. a dwelling place or a house
14. The Act defines “aggrieved woman” to
mean
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In relation to a workplace, a woman, of any age
whether employed or not, who alleges to have been
subjected to any act of sexual harassment by the
respondent;
In relation to a dwelling place or house, a woman
of any age who is employed in such a dwelling
place or house.
15. The Act has defined “sexual harassment”
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physical contact and advances
a demand or request for sexual favors;
making sexually colored remarks;
showing pornography;
Any other unwelcome physical, verbal or non-verbal
conduct of sexual nature.
16. Further, the following may also amount to
sexual harassment:
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Implied or explicit promise of preferential treatment
Implied or explicit threat of detrimental treatment
Implied or explicit threat about present or future
employment status
interference with work or creating an intimidating or
offensive or hostile work environment
Humiliating treatment likely to affect health or safety.
17. Constitutions of Internal complaints
committee:
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Every employer of workplace shall by order in writing
constitute a committee to be known as Internal
complaints committee (ICC).
18. MEMBERS OF COMMITTEE:
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1. Chairperson/Presiding Officer:
Shall be a woman employed at a senior level at workplace
amongst the employees
2. Two members:
Shall be amongst employees preferably committed to
the cause of women/experience in social work/have
legal knowledge
19. MEMBERS OF COMMITTEE:
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3. One Member
Amongst NGO/ associations committed to the cause of
women/person familiar with the issues related to sexual
harassment
20. PROCEDURES FOR RESOLUTION, SETTLEMENT OR
PROSECUTION OF ACTS OF SEXUAL HARASSMENT:
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Step1.
formal complaint to the Chairperson/Presiding Officer of the Internal Complaints
Committee constituted by the Management
Step 2.
The aggrieved woman shall submit 6(six) copies of the Complaint to the ICC along with
supporting documents and the names and addresses of the witnesses in writing(The
aggrieved woman is required to disclose her name, department, division and location she
is working in, to enable the Chairperson to contact her and take the matter forward)
Step 3.
ICC shall sent 1 of the copies to accused/respondent within 10 working days
Step 4.
The Accused/respondent) shall file his reply to the ICC along with supporting documents
and the names and addresses of the witnesses, within a period of10 working days from
the date of receipt of the documents
21. PROCEDURES FOR RESOLUTION, SETTLEMENT OR
PROSECUTION OF ACTS OF SEXUAL HARASSMENT:
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Step 5.
At the time of inquiry, a minimum of 3 Members of the ICC including the chairperson, shall
be present
Step 6.
The ICC shall conduct such investigations in a timely manner and shall submit a written
report containing the findings and recommendations to the Employer within the 10 days
from the date of completion of inquiry
Step 7.
The Employer shall act upon the recommendation within 60 days of its receipt
Step 8.
The Complaint’s Committee report will also be made available to concerned parties
22. Provision for Complaint Redressal:
(Written report is necessary in each option)
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Conciliation at the request of the aggrieved woman, take
steps to arrive at a settlement between the parties.
However, no monetary settlement can be made as the
basis of such conciliation
23. MANNER OF TAKING ACTION AGAINST THE
RESPONDENT:
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Where the allegation against the respondents been proved, it shall
recommend to take action which may include the following:
a. Written apology;
b. Warning;
c. Reprimand or Censure;
d. Withholding of Promotion;
e. Withholding of pay rise or increments
f. Terminating the respondent from service; or
g. Undergoing a counseling session or carrying out community
service.
24. Where the Internal Complaints Committee arrives at a conclusion
that the allegation against the respondent is malicious or the
aggrieved woman or any other person making the complaint has
made the complaint knowing it to be false or the aggrieved
woman or any other person making the complaint has produced
any forged or misleading document, it may recommend to the
employer to take action in accordance with the provisions of the
service rules applicable to her or him.
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PUNISHMENT FOR FALSE OR MALICIOUS COMPLAINT
AND FALSE EVIDENCE:
25. 1.Not withstanding anything contained in the Right to information
Act,2005, following can not be communicated or made known to
public, press or media.
2.identity and address of the aggrieved woman, respondent or
witnesses.
3. Any information relating to conciliation and inquiry
proceedings, recommendations of ICC.
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PROHIBITION OF PUBLICATION OR MAKING KNOWN
THE CONTENTS OF COMPLAINTS AND INQUIRY
PROCEEDING:
26. 4.Action taken by the employer
There is the penalty for the person entrusted with the duty to
handle or deal with the complaints, inquiry, recommendations or
actions for the publications or making known the contents of
inquiry and complaints proceedings.
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PROHIBITION OF PUBLICATION OR MAKING KNOWN
THE CONTENTS OF COMPLAINTS AND INQUIRY
PROCEEDING:
27. 1. Provide safe working environment
2. Post warnings which say “Respect the dignity of women” alike at conspicuous
positions in service premises
3.Launch regular education and training campaigns on the prevention of sexual
harassment
4.Make sure all employees should attend regular training programs on the prevention of
sexual harassment in the workplace, including training for new employees, trainees.
5Treat Sexual harassment as misconduct under the service rules and initiate action for
such misconduct.
6. Monitor timely submission of reports by ICC.
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DUTIES OF THE EMPLOYER:
28. Internal committee should submit annual report to the employer on
which information on the number of cases filed and their disposal under
the purposed legislation.
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Miscellaneous
29. where the employer fails either of the following:
1. To constitute an ICC
2. To take action on inquiry report
3.To punish for false or malicious complaint and false evidence
4.To include information in annual report
INR 50,000 fine, which gets doubled in case of repeated non-
compliance, and risks of shutting down of the business/ cancellation of
registration by the government or local authorities
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PENALTY FOR NON-COMPLIANCE OF ACT:
