1. The Sexual Harassment of Women at
Workplace
Prepared by: Manila Sarkaria,
Advocate

2. Protection Against Sexual Harassment
– Indian Laws
The Constitution of India
The Indian Penal Code, 1860
Vishakha & others v State of Rajasthan (1997)
The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act,
2013 and its Rules

3. Relevant provisions
Articles 14, 15, 19 and 21 Of The Constitution
Of India
Section 354 A Of The Indian Penal Code :
Sexual harassment and punishment for
sexual harassment
Guidelines stipulated by the Supreme Court of
India in Vishaka & Others vs. State of Rajasthan
(1997)

4. A welcomed step - The Sexual Harassment of
Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013 and its Rules
No woman
shall be
subjected to
sexual
harassment at
any workplace
Physical
contact &
advances
Unwelcome
physical,
verbal or
non-verbal
conduct of
sexual
nature
Sexual
Harassment
(Unwelcome
acts or
behavior)
Includes
Showing
pornography
A demand
or request
for sexual
favors
Sexually
colored
remarks

5. Circumstances Considered as Sexual Harassment
promise of
preferential
treatment in
employment
threat of
detrimental
treatment in
employment
threat about
present or
future
employment
status
interference
with work or
creating
intimidating
/hostile
environment
humiliating
treatment,
likely to
affect health
or safety

6. Prevention + Protection + Redressal
Providing Safe Working Environment
At The Workplace
Sensitizing employees and conducting
orientation programmes
Constitution of the Internal Complaints
Committee and providing necessary
facilities for conducting inquiries
Assisting the aggrieved woman

7. Complaints Committee

Local Complaints Committee: Grievance redressal body
for organisations having no Internal Complaints
Committee because of having less than ten employees
or where the complaint is against the employer

Internal Complaints Committee: Grievance redressal
body for establishments employing ten or more
employees

Internal Complaints Committee to be appointed by an
order in writing

At least half of the membership of the Internal
Complaints Committee to be women

Internal Complaints Committee to prepare and submit
an annual report to the employer and the District
Officer

8. Internal Complaints Committee - Composition
Presiding Officer – Senior
woman employee from the
workplace/other admin
units/office/organisations.
Internal
Complaints
Committee
Two members - employees –
preferably, committed to the
cause of women/experience
in social work/legal
knowledge
One member from an
NGO/other women’s
organisation/familiar with
issues relating to sexual
harassment.

9. IF YOU BELIEVE YOU ARE BEING HARASSED
Communicate that the
behaviour is unwelcomed and
must to be stopped
Keep a record of incidents
(date, time, locations,
possible witnesses, what
happened, your response etc.)
Discuss or seek counselling
Lodge a complaint with the
appropriate complaints
committee
May choose to lodge a
complaint under the criminal
law or any other law for the
time being in force

10. Complaint Mechanism (Conciliation)
Incident of
Sexual
Harassment
3 months
Complaint
made to the
ICC/LCC
Aggrieved
Woman requests
for a settlement
Beyond 3
months
Settlement:
Reasons for delay
to be recorded in
writing
If Aggrieved Woman
does not request for
settlement
• Not monetary
No settlement
Inquiry into
complaint
• ICC to record
settlement and
forward to
Employer /District
Officer & Parties
• No further
inquiry

11. Complaint Mechanism (Inquiry)
3 months
Complaint
made to the
ICC/LCC
Beyond 3
months
Reasons for
delay to be
recorded in
writing
Inquiry,
Conclusions &
Recommendations
Allegation
Proved Misconduct
Allegation Not
Proved – No
action by
Employer
Allegation was
malicious/false – action
against woman/other
person
Inability to substantiate
the
complaint/inadequate
proof doesn’t not
amount to malice
APPEAL
Incident of
Sexual
Harassment

12. Violations & Penalties
Failure to
constitute
Internal
Complaints
Committee
Failure to take action
w.r.t. Inquiry Report,
Punishment for false
or malicious
complaints & evidence
and Annual report
Contravention
of other
provisions of
the Act or
Rules
Fine upto INR 50,000/-; subsequent violations:
• Twice the punishment of the penalty first imposed
• Cancellation of business license

13. Thank You
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laws by the author and does not constitute a legal opinion or advice.