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Sexual Harrassment at Workplace Act 2013 Sep 22 (2).pptx

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Sexual Harrassment at Workplace Act 2013 Sep 22 (2).pptx

  1. 1. Training and Capacity Building Services for One Stop Centres & Related Functionaries for Gender Responsive COVID-19 Recovery Shameem Sheik Dastagir 27th & 28th Sepember 2022 ICSA, Chennai
  2. 2. Nazariya – Short film by UN Women  https://youtu.be/MjRcjAkb8_4
  3. 3. CEDAW • GOI signed the Convention on the Elimination of All Forms of Discrimination Against Women ( CEDAW) in 1979 and Ratified this in 1993. • This is an International Bill of Rights for women and calls for the equality of women and men in terms of human rights and personal freedoms in the political, economical and social, cultural and civil spheres. It underlines that discrimination and attacks on women’s dignity violates the principle of Equality.
  4. 4. The Vishaka Judgment - 1997  Supreme Court acknowledged that:  Sexual harassment is a human rights violation  Sexual harassment is a violation of the constitutionally guaranteed fundamental rights:  Articles 14 and 15: Right to equality  Article 21: Right to life - to live with dignity  Article 19(1)(g) - Right to practice any profession/trade/occupation/business, i.e., a right to a safe environment free from harassment
  5. 5. The Vishaka Judgment - Guidelines  Employer’s duty to  Prevent and prohibit acts of sexual harassment Article 21: Right to life - to live with dignity  Redress and resolve grievances pertaining to sexual harassment  The Guidelines = Law, until such time a legislative frame work on the subject is enacted
  6. 6. Indian Laws on Sexual Harassment 1997: The Constitutio n of India Vishaka vs. State of Rajasthan The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 The Indian Penal Code, 1860
  7. 7. Sexual Harassment at workplace Act 2013  Sexual Harassment constitutes gross violation of women’s right to dignity and equality.  Sexual harassment at workplace has assumed huge proportions, but women still do not come out and report as there is fear of reprisal from the harasser, losing one’s job, being stigmatized, losing professional standing and personal reputation.
  8. 8. Workplace Sexual Harrassment- What is it?  No woman will be subjected to sexual harassment at any workplace  Aggrieved woman is: co-worker,contract worker,probationer,trainee,apprentice, women working in dwelling place/house
  9. 9. What is the ‘Workplace’?  Any place visited by the employee as part of  the job/employment, including transportation  provided by the employer for the journey.  Workplace covers both organised and unorganised sector  Govt org, including govt company, corpotarions and cooperative societies,  Private sector orgs, ventures, society, NGO,or service providers  Hospitals nursing homes etc
  10. 10. Sexual Harassment Making sexually colored remarks A demand or request for sexual favors Showing pornography Sexual Harassment Physical contact and advances Unwelcome physical, verbal or non-verbal conduct of sexual nature Offensive comments  or jokes
  11. 11. What is Sexual Harrassment at Workplace Important that often such acts start in an innocent manner but the fact that it can be unwelcome makes it sexual and it is often to do with power relations  Persistently asking someone out, despite being turned down  Caressing ,kissing, fondling against her will ( could be considered assault)  Stalking an individual  Abuse or authority of power to threaten a person’s job or undermine her performance against sexual favours  Falsly accusing and undermining a person behind closed doors for sexual favours  Controlling a person’s reputation by rumour mongering about her private life
  12. 12. More examples of Sexual Harrassment  Inaapropriate questions, suggestions, or remarks about a person’s sexual life  Displaying sexist or offensive pictures/posters or sms, mms, what’s app or emails  Indimation, threats, blackmail around sexual favours  Threats, intimidation or retaliation against an employee who speaks up about unwelcome behaviour with sexual overtones
  13. 13. Examples of workplace behaviour maybe workplace sexual harrassment and merit inquiry  Criticising, insulting, blaming, reprimanding or condemning employee in public  Exclusion from groups activities or assignments without valid reason  Statements damaging person’s reputation and career  Removing areas of responsibility unjustifiably  Inappropriately giving too much or too little work  Excluding and making the person feel isolated
  14. 14. Examples of workplace behaviour that is not workplace sexual harrassment  Follow-up on work absences  Requiring performance to job standards  Normal exercise of management rights  Work-related stress eg:meetingdeadlines or quality standards  Conditions of work  Constructive feedback on the work mistake and not the person
  15. 15. Prevention Mechanisms  It is mandatory to set up the complains committee to address issues of Sexual Harassment at workplace  Two types of committees are there 1. Internal Complaints Committee 2. Local Complaints committee 3. 50% have to be women
  16. 16. Local Complaints Committee  The Act envisages forming such Committee to address grievances of women when : 1. Internal Complaints Committee has not been constituted if the establishment has less than 10 workers. 2. If the Complaint is itself against the said employer himself.  The District Officer shall designate one Nodal Officer in every block, taluk in rural or tribal area and ward or municipality in the urban area, to receive complaints and forward the same to the concerned Local Complaints Committee within a period of seven days.  The said Committee will consist of One eminent Women in the field of social work, one women from the block or ward etc. two members of whom atleast one women to be nominated from NGO.
  17. 17. Preventive and Redress Mechanism  Employer has to constitute the Internal complaints committee through a written order.  The term of the committee would be 3 years  Comprise of minimum 4 members  Chairperson a woman from the senior management committee  2 members from amongst employees, who are committed to the cause of women/social work  An external member from NGO works on issues of women and familiar with issues of sexual harrassment
  18. 18. Preventive and Redress Mechanism Criteria for the external member  Atleast 5 years experience working on issues related to women especially violence issues  Desirable that she has knowledge of the law and familiar with labour and criminal law
  19. 19. Redress Mechanism  Who can complain to the ICC: Incase of physical incapacity  Relative of Complainant  Friend of complaintant  Co worker  Officer of NCW/SCW  Any other person can give written complaint with complainant's consent
  20. 20. Redress Mechanism Incase of mental Incapacity  Relative  Friend  Special educator  Psychiatrist  Guardian/authority under whom she is being  Cared for  Any other person aware of the incident jointly  with any of the above
  21. 21. Content of Complaint  Description of the incident  Date and Timings  Respondent’s name  Working relationship of the two
  22. 22. Grievance Redressal Process Incident of Sexual Harassment Complaint made to ICC/LCC Settlement  Not monetary;  ICC to record settlement and forward to LCC and parties  No further inquiry INQUIRY Reasons for delay to be recorded in writing Beyond 3 months 3 months Employee requests for a settlement No settlement Employee does not request for settlement Beyond 3 months
  23. 23. Procedure  Complainant submits in writing within three months of the incident to the ICC.  On receipt of the complaint the ICC will within 7 days inform the respondent  The respondent will have the opportunity to respond in writing with 10 days of hearing from ICC.  If the complainant is not comfortable to attend work, she can be given leave or seek transfer or transfer of the respondent. The leave granted to aggrieved woman shall be in addition to the leave she would otherwise be entitled).  The respondent cannot supervise or give performance reviews so that further harrassment is prevented
  24. 24. Complaints Committee  Dos -create an enabling environment -give complete attention to both parties -Treat complainant with respect -Disregard pre determined ideas -determine the harm
  25. 25. Complaints Committee  Don’ts -get aggressive -insist on graphic description of the sexual harm -Interrupt -Discuss the complaint in the presence of the complainant and the respondent Non-Negotiables Confidentiality, non-retaliation, recommend interim measures and conduct fair inquiry
  26. 26. Inquiry Procedure Inquiry Principles of natural justice to be followed Inquiry report to be submitted to the Employer and the parties No action to be taken; Assessment of whether charges are false/malicious • ICC/LCC to inquire into whether the allegations were made with a malicious intention. • Inability to substantiate the complaint or provide adequate proof doesn’t not amount to malice. Punishment as per service rules; Monetary penalty payable to the aggrieved woman Appeal to court/tribunal Allegation not proved Allegation proved [within 60 days]
  27. 27. Procedure  Both parties are given a fair hearing by the ICC  The ICC will need to prepare a proper report with all the necessary documentation  The inquiry must be completed within 90 days.  The ICC submission of report to the employer within 10 days after inquiry is completed  The employer/district officer is obliged to act within 60 days.  If complainant is not satisfied with the inquiry, she is free to take the matter to the court  Can go for appeal within 90 days of the recommendations
  28. 28. Section 14 : False or Malicious Complaint Where the Committee arrives at a conclusion that the allegation against the respondent is false or malicious or the woman has produced any forged or misleading document it may recommend to the employer or to the District Officer as the case may be, to take action against the woman in accordance with the service rule or such other action as it may deem fit.
  29. 29. Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant under this section. Provided further that the malicious intent on part of the complainant shall be established after an enquiry in accordance with the procedure prescribed, before any action is recommended.
  30. 30. Extempore skit for two minutes using provisions of the Act
  31. 31. THANK YOU!

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