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1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
1 Act on Sexual Harrassment
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1 Act on Sexual Harrassment

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  • 1. ACTS related to Sexual Harassment of Women at Workplaces 21st September, 2013 Divya Chavan Jachak 1
  • 2. FUNDAMENTAL Rights  Right to Equality,  Right to Equal Opportunity (relating to Employment)  Right to practice any profession or carry out any occupation, trade, business  Right to Life and Live with dignity.  Special Provisions for the benefit of Women
  • 3. DIRECTIVE PRINCIPLES OF State Policy State to provide for just and humane conditions of Work
  • 4. Protection against Sexual Harassment & Right to Work with Dignity UNIVERSALLY RECOGNIZED HUMAN RIGHT CONVENTION ON ELIMINATION OF ALL FORMS OF DISCRIMINATION Ratified on 23rd June,1993
  • 5. Sexual Harassment of Women at Workplace Recognized for the first time by the Hon’ble SUPREME COURT in 1997 Vishakha v/s State of Rajasthan
  • 6. SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION & REDRESSAL ) ACT, 2013
  • 7. OBJECT Protection against sexual harassment of women at workplace Prevention of sexual harassment of women at workplace Redressal of Complaints
  • 8. S Y N OP S I S  ‘Sexual Harassment’- Definition S.2(n) & S. 3(2)  ‘Aggrieved Woman’ – In Relation to a Workplace S.2(a)  ‘Workplace’ – Definition S.2(o)  Duties of the Employer with Respect to the Workplace  Internal Complaints Committee (ICC) Members Of ICC Duties Of Members Of ICC Appeal Removal Of Member Of ICC Duties Of Employer With Respect To ICC  Penalties  Cognizance by Courts
  • 9. WHAT IS SEXUAL HARASSMENT UNWELCOME acts or behavior (whether directly or by Implication):  Physical contact & advances  Demand or Request for Sexual favors  Making Sexually colored remarks  Showing Pornography  Any other unwelcome Physical, Verbal or Non-Verbal conduct of Sexual Nature
  • 10.  Also . . . Implied or Explicit - PROMISE of preferential treatment or - THREAT of detrimental treatment in her employment; - THREAT about her present or future employment status;  INTERFERENCE with her work or  Creating an INTIMIDATING or OFFENSIVE or HOSTILE work environment for her;  HUMILIATING TREATMENT likely to affect her health or safety
  • 11. WHO IS AN AGGRIEVED WOMAN In relation to a workplace ANY WOMAN (Irrespective of Age) Employed: Organized or Unorganized Sector Public or Private Sectors Casual / Temporaries Unemployed: Clients Customers Patients Students/Interns Domestic Workers
  • 12. WHAT IS A  WORKPLACE Government Organization/ Public Sector  Private Sector Organization & Services  Other Places
  • 13. WHAT IS A WORKPLACE Government Organization/ Public Sector Department Organization Undertaking Establishment Enterprise Institution Office Branch Unit -Established, -Owned, -Controlled, -Wholly or Substantially financed by funds directly or indirectly provided by- -Appropriate Govt; - Local Authority; -Govt Company; - Corporation; -Co-operative Society
  • 14. Private Sector Organization & Services • Private Sector Organization • Private Venture, • Undertaking, • Enterprise, • Institution, • Establishment, • Society, • Trust, • Non-Governmental Organization, •Provider carrying: • - Commercial, • - Professional, • - Vocational, • - Educational, • - Entertainmental, • - Industrial, • - Health Services • - Financial • Activities •(Including production, Supply, Sale, Distribution or service) Unit or Service
  • 15. Other Places  Hospitals or Nursing Homes  Sports Institute, Stadium, Sports Complex  Competition or Games venue (Residential or Not) used for Training, Sports or other Activities relating thereto  ANY PLACE Visited During The Course Of Employment  TRANSPORTATION during the Course of Employment
  • 16. WHAT DOES AN EMPLOYER HAVE TO DO?
  • 17. DUTIES OF EMPLOYER with respect to the WORKPLACE  PROVIDE  CONSTITUTE  DISPLAY ORGANIZE  INITIATE ACTION  TREAT & TAKE ACTION (MISCONDUCT)
  • 18. DUTIES OF EMPLOYER with respect to the WORKPLACE   (ICC)  To PROVIDE - a safe Working Environment at the Workplace; - safety from the persons coming into contact at the workplace; - assistance to the Woman if she chooses to file a Complaint in relation to the offence under the Indian Penal Code or any other Law; To CONSTITUTE an Internal Complaints Committee DISPLAY at any prominent place at the workplace: - Order constituting the ICC -the Penal Consequences of Sexual Harassment;
  • 19.    the To ORGANIZE workshops and Awareness programs at regular intervals for sensitizing the employees with the provisions of the Act. Cause to INITIATE ACTION -under the Indian Penal Code or any other Law, against the perpetrator or if the aggrieved Woman so desires, -even when the perpetrator is not an Employee; Treat Sexual Harassment as a MISCONDUCT under Service rules  INITIATE ACTION for such a Misconduct;
  • 20. Every Employer with 10 WORKERS more to constitute INTERNAL COMPLAINTS COMMITTEE or
  • 21. District Officer to constitute in each district LOCAL COMPLAINTS COMMITTEE JURISDICTION  Where no ICC has been constituted due to having less than 10 workers  Complaint against the Employer  Extend to the areas of the entire District
  • 22. MEMBERS OF THE ICC PRESIDING OFFICER :Woman employed at a Senior Level at Workplace from amongst the Employees; If not Available then- nominated from other Offices or Administrative Units of the Workplace 1 MEMBER FROM NGO or ASSOCIATIONS Committed to cause of Women OR Familiar with issues relating to Sexual Harassment. 2 MEMBERS AMONGST EMPLOYEES:Committed to the cause of Women OR Experience in Social Work OR have Legal Knowledge ONE- HALF of the Total Members Nominated shall be WOMEN TENURE: Not Exceeding 3 YEARS FEES AND ALLOWANCES: EMPLOYER to pay for the Fees or Allowances to Member From NGO Or Associations
  • 23. DUTIES Of members of the ICC  To hear Complaint of the ‘Aggrieved Woman’  Steps to settle the matter through Conciliation at the request of the ‘Aggrieved Woman’ before initiating Inquiry  Initiate Inquiry  Punishment for False or Malicious Complaint and False Evidence  Determine Compensation  Prepare and Submit Annual Report
  • 24. 1. Complaint 2. Conciliation 3. Inquiry 4. False or Malicious Complaint & False Evidence 5. Compensation 6. Annual Report
  • 25. COMPLAINT To be made to ICC or LCC within 3 months from the Last Incident  Writing  By taking Assistance from the Presiding Officer or Member to make Complaint in Writing Complaint against the Employer to be made to the LCC
  • 26. 1. Complaint 2. Conciliation 3. Inquiry 4. False or Malicious Complaint & False Evidence 5. Compensation 6. Annual Report
  • 27. CONCILIATION Settlement ARRIVED between the parties Record Settlement  Forward the copies of Settlement to the Employer with recommendation  No Inquiry to be Conducted  Settlement Terms NOT complied with - Inquiry to be conducted/ Action to be Taken
  • 28. 1. Complaint 2. Conciliation 3. Inquiry 4. False or Malicious Complaint & False Evidence 5. Compensation 6. Annual Report
  • 29. INQUIRY  According to 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 Recommendation to the Employer to: Transfer the Aggrieved Woman or the Respondent to any other Workplace; or  Grant leave to the Aggrieved Woman upto period of 3 months; or  Grant such other relief to the Aggrieved Woman as maybe prescribed
  • 30. INQUIRY ICC to have Powers of CIVIL COURT
  • 31.  Inquiry Report to be submitted within 10 days from the completion of Inquiry to the Employer or the District Officer. Allegation against Respondent Proved Allegation against Respondent Not Proved Recommendation to Employer/District Officer No Action To deduct from Salary or Wages such appropriate sums, notwithstanding anything in the Service Rules applicable to the Respondent Take Action- Misconduct in accordance to Service Rules or Rules as prescribed .
  • 32. 1. Complaint 2. Conciliation 3. Inquiry 4. False or Malicious Complaint & False Evidence 5. Compensation 6. Annual Report
  • 33. FALSE OR MALICIOUS COMPLAINT OR FALSE EVIDENCE PUNISHED according to Service Rules Or Manner as maybe Prescribed
  • 34. 1. Complaint 2. Conciliation 3. Inquiry 4. False or Malicious Complaint & False Evidence 5. Compensation 6. Annual Report
  • 35. COMPENSATION When allegation has been PROVED ICC or LCC shall have regard to : The Mental Trauma, Pain, Suffering and Emotional Distress;  The Loss in the Career Opportunity;  Medical Expenses incurred for Physical or Psychiatric Treatment;  The Income and Financial Status of the Other Party;  Feasibility of such Payment in lump sum or in Installments
  • 36. 1. Complaint 2. Conciliation 3. Inquiry 4. False or Malicious Complaint & False Evidence 5. Compensation 6. Annual Report
  • 37. ANNUAL REPORT Members of the ICC To Submit the same to: The Employer & District Officer;  Each Calendar Year;  Prescribed Form and Time
  • 38. PENALTY TO PUBLISH OR COMMUNICATE  Proceedings;  The identity and addresses of the Parties;  Recommendations of the ICC;  Action taken by the Employer; TO THE PUBLIC, PRESS AND MEDIA
  • 39. REMOVAL OF MEMBER OF ICC  Publication or Making known the Contents of Complaint and Inquiry Proceeding;  Convicted for an offence or an Inquiry into an Offence under any law for the time being in force is Pending against him;  Found Guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him;  Abused his/her Position as to render his continuance in office prejudicial to public interest
  • 40. APPEAL  Appeal to Court or Tribunal (In Accordance with the Service Rules or Manner as maybe prescribed)  Within 90 DAYS of the Recommendations
  • 41. DUTIES OF EMPLOYER with respect to ICC or LCC  Organize Orientation Programs;  Provide necessary facilities to deal with the Complaint & to Conduct an Inquiry;  Assist in securing the Attendance of persons;  Make available such information as it may require having regard to the Complaint made;  Implement Recommendations ;  Send a Report of Recommendations implemented to ICC or LCC
  • 42.  To Act on the recommendations made in the Inquiry Report within 60 days  Monitor the timely submission of Reports by the ICC  To include information in Annual Report of his Organization- the number of cases filed and their Disposal; But if No Annual Report is required to be prepared- intimate such number of cases to District Officer.  To Produce on demand before the Officer of the Appropriate Government making Inspection all Information, Records and other Documents in his Custody. 42
  • 43. PENALTIES Non Compliance of Provision of the Act by the EMPLOYER FAILURE TO  Constitute ICC;  Take Action with respect to Inquiry Report;  Take Action with respect to False Malicious Complaint & False Evidence;  Include information in Annual Report or Intimate number of cases to District Officer;  Contravenes , Attempts or abets to contravene Provisions of the Act
  • 44. PENALTIES  Extend to Rs. 50,000/- 2nd or Subsequent Conviction Twice the Punishment which has been imposed on 1st Conviction Cancellation/ Withdrawal / Non-Renewal / Approval of Registration or License of Business by Authority
  • 45. OTHER LAWS RELATED TO SEXUAL HARASSMENT OF WOMEN
  • 46. CRIMINAL LAW: INDIAN PENAL CODE (IPC)
  • 47. OFFENCE PENALTY Assault or Criminal Force to Woman with Intent to OUTRAGE her MODESTY Imprisonment of 1 Year which may extend to 5 Years & Fine Sexual Harassment of the nature of Unwelcome Physical Contact & Advances, Demand or Request for Sexual Favors, Showing Pornography May extend to 3 Years Imprisonment or Fine or Both Sexual Harassment of the nature of making Sexually Colored Remark May extend to 1 Year Imprisonment or Fine or Both Assault or use of Criminal Force to Woman with Intent to DISROBE Imprisonment : not less than 3 Years which may extend to 7 Years &Fine Voyeurism Any Man who Watches, Captures the image of Women engaging in a Private Act in circumstances where she would usually have the expectation of not being observed 1st Conviction: Imprisonment not less than 1 Year but which may extend to 3 Years And Fine 2nd / Subsequent Conviction: Imprisonment not less than 3 Years but which may extend to 7 Years
  • 48. OFFENCE PENALTY Stalking Any man who follows a Woman & Contacts (or attempts to Contact) such Woman to Foster Personal interaction Repeatedly despite a clear Indication of Disinterest by such a Woman 1st Conviction: Imprisonment upto 3 Years And fine 2nd / Subsequent Conviction: Imprisonment upto 5 Years Rape R.I. not less than 10 Years which may extend to Life Imprisonment & Fine Sexual Intercourse by a Person in Authority R.I. not less than 5 Years which may extend to 10 Years & Fine Outrage of Modesty of a Woman Simple Imprisonment which may extend to 3 Years & Fine
  • 49. INFORMATION TECHNOLOGY ACT, 2000
  • 50. OFFENCE Sending offensive messages through communication services, etc Violation Of Privacy Publishing or Transmitting Obscene Material in Electronic Form PENALTY Imprisonment- term which may extend to 3 years & Fine Imprisonment which may extend to 3 Years & Fine not Exceeding Rs. 2 Lakh 1st Conviction: Imprisonment which may extend to 3 Years & Fine of Rs. 5 Lakh 2nd /Subsequent Conviction: Imprisonment which may extend to 5 Years & Fine of Rs. 10 Lakh Publishing or Transmitting Material containing Sexually Explicit Act/s 1st Conviction: Imprisonment which may extend to 5 Years & Fine of Rs. 10 Lakh 2nd /Subsequent Conviction: Imprisonment which may extend to 7 Years & Fine of Rs. 10
  • 51. LETS UNITE TO Stop Exploitation, Molestation, Abuse, Assault

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