The document discusses sexual harassment of women at the workplace in India. It defines sexual harassment and outlines the evolution of laws around this issue, including the Vishaka case law and the Sexual Harassment of Women at Workplace Act of 2013. It describes what constitutes a workplace and lists the rights provided under the Indian Constitution regarding discrimination and women. Key aspects of the Act are summarized, such as the definition of employee and employer, constitution of Internal Complaints Committees, and the process for filing complaints and conducting inquiries.

1.  MEANING OF SEXUAL HARASSMENT
 VISHAKA CASE LAW
 PROVISIONS UNDER THE SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE (PREVENTION, PROHIBITION & REDRESSAL) ACT 2013
PRESENTED BY
Dr. ADITI KAUSHAL ( Ph.d on Sexual Harassment of women
at workplace Act 2013)
KLA Management consultants Pvt. ltd
9810098754:9891474370; Email aditikaushal@hotmail.com

2. S E XU A L H A RRASME NT
B E H A V IOU R
UNWELCOME SEXUAL ADVACES; REQUEST FOR
SEXUAL FAVOUR;VERBAL AND PHYSICAL CONDUCT
PHYSICAL CONTACT AND ADVANCES
SEXUAL COLOURABLE REMARKS
SHOWING PRONOGRAPHY

3. SEXUAL HARASSMENT AS TO NEW
ENACTMENT
A demand or
request for sexual
favors
Physical contact
and advances
Showing
pornography
Unwelcome
physical, verbal or
non-verbal conduct
of sexual nature
Making sexually
colored remarks

4. EVOLUTION OF THE SEXUAL HARASSMENT OF
WOMEN AT WORKPLACE ( PREVENTION,
PROHIBITION AND REDRESSAL) ACT, 2013
THE CONVENTION ON ELIMINATION OF ALL FORMS
OF DISCRIMINATION (CEDAW) ART 11/ 1992
THE CONSTITUTION OF INDIA
VISHAKHA JUDGMENT
THE PROTECTION OF HUMAN RIGHTS ACT
1993
THE INDUSTRIAL EMPLOYMENT ( STANDING
ORDERS) ACT 1946

5. CONSTITUTIONAL
RIGHTS

6. Article 15 Prohibition on account of discrimination on
caste, religion, place, sex or place of birth
Article 11 State to eliminate the discrimination against
women in the field of employment in order to
ensure same rights
Article 19(1)(d) Protection of Rights;
to move freely throughout territory on India
Article 21 Right to life and personal liberty
Article 42 Provisions of just and humane conditions of work
and maternity relief
Article 51-A Fundamental duties
RELEVANT SAFEGAURDING ARTICLES IN
INDIAN CONSTITUTION FOR PROTECTION OF
FEMALE RIGHTS

7. • Provisions of Indian Penal Code
• Section 354 / 354 A
• Criminal assault of women to outrage women's modesty
• Section 506
• Criminal Intimidation (threat, pressure, fear etc.)
• Section 375
• Rape
• Lacuna
• Leaves the interpretation of outraging women modesty SOLELY
to the discretion of the POLICE OFFICER
Indian penal code

8. NEED FOR WOMEN CELL OR
CONVENTIONS
PREVENTION OF WORK PLACE
DISCRIMINATION
PROTECTION FROM SOCIAL
EVILS
EQUITIOUS, SAFE AND SECURE
WORKING ENVIRONMENT

9. CONVENTION
• FIRST CONVENTION ON ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN HELD ON 25TH JUNE,
1993,
• VISHAKHA CASE OF 1997 FROM RAJASTHAN
• CASE ROUTED FROM 1997 TILL 2010 WHEN THE ACT WAS
FORMED.

10. THE SEXUAL HARRASMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) BILL 2010
WAS PRESENTED BEFORE PARLIAMENT AND IT BECAME
AN ACT IN 2013.

11. • THE SEXUAL HARRASMENT OF WOMEN AT
WORKPLACE (PREVENTION, PROHIBITION AND
REDRESSAL) BILL 2010 WAS PRESENTED
BEFORE PARLIAMENT AND IT BECAME AN ACT IN
2013.
• PREVENT
• IMPLIED AND EXPLICIT PROMISE OF PREFERENTIAL
TREATMENT
• IMPLIED AND EXPLICIT THREAT OF DETERIMENTAL
TREATMENT
• INTERFERANCE WITH HER WORK
• CREATING AND INTIMIDATING OFFENSIVE AND HOSTILE
WORK ENVIORNMENT
• HUMILIATING TREATMENT TO EFFECT HER HEALTH OR
SAFETY

12. INDIAN LAWS ON SEXUAL HARASSMENT

13. WHO IS AN EMPLOYEE?
EXPRESS OR IMPLIED TERMS OF CONTRACT
WITH OR WITHOUT REMUNERATION
RETAINERS/ INTERNAL AUDITORS VOLANTEERS
INDIRECT EMPLOYEES
OUTSOURCED / CONTRACTOR INSOURCE AGENTS
DIRECT EMPLOYEES
REGULAR / PERMANENT ADHOC/ TEMPORARY PROJECT BASED
TRAINEES/
APPRENTICES

15. WHO IS AN EMPLOYER?
Employer
Management
Person discharging contractual obligations with respect
to the employees
Person/board/committee responsible for formulation of
policies
Supervision Control

16. WORKPLACE

17. Private sector
organisations
Government
owned/controlled
establishments
Hospitals/ Nursing
homes
Sports institutes,
stadiums, training
institutions
Dwelling place in
case of a
domestic worker
Vocational/
Educational
Institutions
And…

18. EXTENDED WORKPLACE

19. INTERNAL COMPLAINTS
COMMITTEE
• CONSTITUTION
• WRITTEN ORDER
• TWO MEMBERS FROM THE EMPLOYEES FOR THE
CAUSE OF THE WOMEN; EXPERIENCE OF SOCIAL
WORK; LEGAL KNOWLEDGE
• FORMATION
• COMMITTEE AT ALL ADMINISTRATIVE UNITS
• ONE HALF OF THE MEMEBERS SHOULD BE FEMALE
NOMINEES.
• THREE YEARS FOR EACH MEMBERS.

20. • WORKPLACE AT DIFFERENT PLACES
• INTERNAL COMPLAINTS COMMITTEE SHALL BE
FOR ALL ADMINISTRATIVE UNITS
• CONSTITUTION AS ABOVE
• ONE PRESIDING OFFICER; NGO OR ASSOCIATIONS
COMMITTED TO THE CAUSE OF WOMEN OR
FAMILIAR WITH THE ISSUES OF SEXUAL
HARRASMENT
• REMOVAL PROCEDURE
• CONTRAVENE THE PROVISIONS OF SECTION 16
RELATING TO PROHIBITION OF DISCLOSURES OF
THE COMPLAINT OR ITS PUBLICATION
• CONVICTED FOR INQUIRY UNDER ANY LAW
PENDING
• GUILTY FOUND IN DISCIPLINARY PROCEEDING
• ABUSED HIS POSITION

21. LOCAL COMPLAINT
COMMITTEE
• APPROPRIATE GOVERNMENT WILL APPOINT A
DISTRICT OFFICER
• PROVIDE ITS CONSTITUTION
• COMPOSITION & TENURE
• GRANT & AUDITS

22. SYSTEM OF COMPLAINTS
• WRITTEN COMPLAINT IS TO BE GIVEN; SHE CANNOT
GIVE IN WRITING CHAIRMAN OR PRESIDING OFFICER
WILL ASSIST; IF SHE IS DEAD OR MENTALLY DISABLED BY
LEGAL HEIR
• INTERNAL COMMITTEE AND IF NO SUCH COMMITTEE
THEN TO THE LOCAL COMMITTEE.
• TIME DURATION IS WITHIN THREE MONTHS

23. CONCILIATION
• BEFORE REGULAR ENQUIRY THE INTERNAL
COMMITTEE AND THE LOCAL COMMITTEE WILL
INITIATE CONCILIATION
• ALL STEPS TO BE TAKEN TO SETTLE THE MATTER
• RECORD THE SETTLEMENT. NO MONETARY
SETTLEMENT
• SENT TO THE EMPLOYER OR DISTRICT OFFICER

24. WHEN ENQUIRY REQUIRED
• AS PER RULES FRAMED BY STATE GOVERNMENT
• IF TERMS OF ANY SETTLEMENT IS NOT
FULFILLED BY THE MISCHIEF MONGER
• POWERS TO THE INTERNAL COMMITTEE OF
CIVIL COURT FOR SUMMONING; APPEARANCE

25. INTERIM ORDERS
• INTERNAL COMMITTEE /LOCAL COMMITTEE HAS
POWER TO PASS INTERIM ORDERS
• TRANSFER AGGREVIED WOMEN OR MISCHIEF MONGER
• GRANT LEAVE TO THE WOMAN UPTO THREE MONTHS
• GRANT ANY RELIEF TO THE WOMEN AS PER RULES
• SUCH INTERIM ORDERS ARE TO BE SENT TO THE
EMPLOYER FOR IMPLEMENTATION

26. ENQUIRY REPORT
HELD GUILTY RECOMMENDATIONS TO
THE EMPLOYER
TO TAKE ACTION
AS PER SERVICE
RULES
DEDUCT SALARY
OR WAGES
AMOUNT TO BE
PAID TO THE
WOMEN
IF NOT
ASSOCIATED WITH
THE EMPLOYER
THEN DIRECTION
CAN BE GIVEN TO
THE MISCHIEF
MONGER

27. FALSE COMPLAINT FALSE
EVIDENCE
WOMEN
GUILTY
SERVICE
RULES
NO RULES AS
PER
ENACTMENT

28. DUTIES OF EMPLOYER
ORGANISE WORK SHOPS
PROVIDE FACILITIES TO
COMMITTEE
DUTIES OF EMPLOYER
SAFE WORKING
ENVIORNMENT
DISPLAY ABOUT
COMMITTEE
GENERAL PROVISIONS
APPEAL RTI RIGHTS

29. OBLIGATIONS OF EMPLOYER
MONITOR THE SUPPLY OF REPORT
BY INTERNAL COMMITTEE
PENALITY FOR NON-
COMPLIANCES
OBLIGATIONS OF EMPLOYER
ASSIST FOR ATTENDANCE OF THE
WITNESSES
ACTION UNDER IPC IF NON
EMPLOYEE
OBLIGATIONS OF THE EMPLOYER
ANNUAL REPORT INSPECTION OF RECORDS

31.  Committee competent to give ONLY RECOMMENDATIONS –
COMMITTEE JAWLESS
 No concrete powers bestowed to committee to ensure effective
implementation of its own findings
 No provisions for follow up by committee
 Powers of committee finishes on submission of report
 Employer only asked to act upon the recommendations

32.  Wide connotation of term workplace, aggrieved women, employer,
employee, unorganized sector
 Concept of notional employment followed
 Even House hold workers covered
 Defined term sexual harassment
 Acquittal report to be submitted by the committee to District
Officer as well
 Annual returns citing incidences reported, actions taken and final
outcome ; Awareness programmes organised by the establishment
 Substantial Penalty on non compliances include cancelation of
license to operate on repeated offence

33.  LISTEN BUT DO WHATS RIGHT
 DON’T BE JUDGMENTAL
 YOU ARE NO ONE TO RESOLVE THE MATTER
 CALLA WITNESS
 TAKE HER TESTIMONY BEFORE WRITING A COMPLAINT
 HELP OTHERS BUT NOT BLINDLY
 INFORM THE IC
 TELL HER ABOUT IC
 EVERY COMPLAINT IS NOT SEXUAL HARASSMENT
 MALICIOUS COMPLAINT ACTIONS AGAINST HER
 PROCEDURE SHALL TAKE MAX 90 DAYS
 10 DAYS FOR SUBMISSION OF REPORT
 60 DAYS FOR TAKING DECISION
 YOU NEED TO DECIDE
 MAINTAIN CONFIDENTIALITY

34. ……”ITS NOT THE WORKPLACE THAT MATTERS BUT IT’S THE
DECOREMAND ONCE BEHAVIOUR THAT TAKES THE PIVOTAL
ROLL IN BRINGING TRUE COLOURS TO ITS CARREER …….HE
WHO STOPS BEING BETTER STOPS BEING GOOD….. THINK FOR
A WHILE AND BEGIN THE JOURNEY……..