The document summarizes key aspects of the Protection of Women from Sexual Harassment at Workplace Act in India. It discusses the historical Bhanwari Devi case that led to the Vishaka guidelines, which established workplace protections and complaint mechanisms. It defines sexual harassment and outlines the important provisions and definitions within the Act, including establishing complaint committees and mandatory training and awareness sessions for employers. The document also discusses the mixed record of the judiciary in both establishing protections but failing to deliver justice in Bhanwari Devi's own case.

1. Dr.S.Madhuri Paradesi,
Assoc.Professor, Dept of Law,
Sri Padmavati Mahila Visvavidyalayam
(Women's University)
Mobile: 9441664071,7075809742
Email ID: madhuriparadesi@gmail.com

2. (APHRDI) Andhra Pradesh Human Resource
Development Institute
APHRD Institute, is established to be developed as a State of the Art Training
Complex. This Institute is meeting the training and capacity building requirements of
staff of Govt. Departments, Undertakings and other Public functionaries. The training
encompasses orientation, skill development, physical and mental fitness and
ownership on the programmes of the Government.

3. TOPIC – PROTECTION OF WOMEN FROM
SEXUAL HARRASMENT AT WORK PLACE.
OBJECTIVES
 Introduction
 Vishaka Act Guidelines
 Background of Act
 Important Definitions
 About Sexual Harrasment
 Various Provisions of Act
 Examples of Notices and Miscellaneous

4. Sexual Harrasment Of Women At Work Place
( Prevention, Prohibition, & Redressal ) Act, 2013
1. Introduction
 Any society that fails to harness the energy and creativity of its women is at a
huge disadvantage in the modern world”
 Women comprise almost fifty per cent of the population of India and are now
seen to be working in almost all the sectors and areas. There is a presence
of women in the jobs and areas which were earlier considered to be
exclusively reserved for men, and women never dared to choose such areas
as their profession.
 This positive change in the society was followed by a series of horrifying
incidents where women were raped and harassed by men. Women were
treated as objects and they were subjected to a lot of physical and mental
torture at their workplaces. This violated the fundamental rights of the women
provided under the Constitution of India.

5.  There was an active violation of the right to equality provided
under Articles 14 of the Indian Constitution. In this sense, there
was a violation of Article 15 and Article 16 which provided that
there would be no discrimination on the basis of caste, religion,
sex, and the equality of opportunity respectively.
 It became necessary to ensure that the women are treated
properly and their dignity is not harmed while they are working.
The horrifying incident where Bhanwari Devi, a government
employee was harassed by a group of people paved the way to
the well-known Vishaka Guidelines.
 ‘The court of law and the government have failed me but I got
justice in the people’s court,’ said Bhanwari Devi.

6. Historical Background
The Bhanwari Devi case
The Bhanwari Devi case is one of the most significant cases among the cases of
women’s safety as it paved the way to the Vishaka guidelines. The developments of
the case are elucidated as under.
Facts of the case
Bhanwari Devi was a Dalit government employee who was engaged in spreading
awareness about hygiene and education and running campaigns against dowry and
child marriage.
As a part of her employment, she was helping a young girl who was forced to marry
at a young age by her parents.
However, there were powerful political personalities and influential people
involved and she failed to stop the child marriage from happening. She tried to
resist and carried out a rally but she was not able to stop the marriage from
happening. In order to take revenge for the rallies and campaigns instituted against
them, a group of people attacked Bhanwari Devi when she was walking along the
road with her husband. She was gang-raped by these men.

7.  The tactics played
 Bhanwari Devi filed a criminal case of rape against these men. However, she was
not taken seriously by the policemen and other law officers. It took the policemen
fifty-two hours to file the complaint.
 Also, the Rajasthan High Court acquitted all these men of rape on various grounds
that women cannot be gang-raped in front of her husband and that the village
head cannot be indulging in such acts.
 The Rajasthan High Court convicted the five men of assault whose degree of
punishment is much lesser than the crime of rape.
 The Aftermath
 The judgement by the Rajasthan High Court gave rise to a series of rallies and
protests by various women safety organisations and the general public. The
protesters were lathi-charged by the police. However, the crowd did not stop
protesting and the people were determined to force the government and the legal
system to provide justice to Bhanwari Devi.
 What followed was the case of Vishaka and Ors v. The State of Rajasthan which
resulted in the formation of the Vishaka guidelines.

8.  Vishaka and Ors. V. State of Rajasthan
A group of non-profit organisations who worked towards the safety of women
filed a petition in the Supreme Court of India seeking justice for Bhanwari Devi
and thereby, the appropriate punishment for the men involved in gang rape.
They filed public interest litigation by the name of Vishaka and contended that
the fundamental rights of Bhanwari Devi were violated. They also sought a new
set of guidelines for the protection of women.
The NGOs also mentioned the point of safety of women at workplaces in the PIL
filed owing to the fact that the employer of Bhanwari Devi did not accept any
responsibility though the reason that Bhanwari Devi was raped was due to the work
that she was supposed to perform as part of her employment. Hence, the PIL sought
to develop a new set of guidelines for the safety of women at workplaces.
 The Judgement
 The judgement was given by a 3 Judge bench which held that the fundamental
rights provided under Article 14, Article 15, Article 19(1)(g) and Article 21 of the
Constitution of India are violated by the act of sexual harassment.
 The court brought out the Vishaka guidelines for the protection of women at
their workplaces and providing a safer working environment to the women.

9. The Vishaka Guidelines
 The court, for the first time, drew upon an international human rights law instrument, the
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to pass a
set of guidelines that are popularly known as Vishaka Guidelines, which include:
 The incident reveals the hazards to which a working woman may be exposed while working on a
job. The court observed that it is the duty of an employer to protect the safety of their employees
and other people who might be affected by their business.
 The court said that such an incident results in a violation of the fundamental rights of ‘Gender
Equality’ and the ’Right of Life and Liberty’. It is a clear violation of the rights under Articles 14,
15 and 21 of the Constitution. The court issued a writ of mandamus and the following directions
for prevention –
1. It shall be the duty of the employer or other responsible persons in workplaces or other
institutions to prevent sexual harassment and to provide for the resolution and settlement
mechanism.
2. The court defined what constitutes sexual harassment. For this purpose, sexual harassment
includes such unwelcome sexually determined behaviour (whether directly or by implication) as:

10. We do not want use the term “Harrasment”.
What is happening today is “Sexual Terrorism”.

11.  A) physical contact and advances;
 b) a demand or request for sexual favours;
 c) sexually coloured remarks;
 d) showing pornography;
 e) any other unwelcome physical verbal or non-verbal conduct of sexual nature.
 3. Preventive Steps: All employers should take appropriate steps to prevent sexual
harassment. Without prejudice to the generality of this obligation, they should take
the following steps:
 (a) Express prohibition of sexual harassment as defined above at the workplace should
be notified, published and circulated in appropriate ways.
 (b) The Rules/Regulations of Government and Public Sector bodies relating to conduct
and discipline should include rules/regulations prohibiting sexual harassment and
provide for appropriate penalties in such rules against the offender.

12.  (c) As regards private employers steps should be taken to include the aforesaid
prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act,
1946.
 (d) Appropriate work conditions should be provided in respect of work, leisure, health, and
hygiene to further ensure that there is no hostile environment towards women at
workplaces.
 4. Criminal Proceedings: Where such conduct amounts to a specific offence under the
Indian Penal Code or under any other law the employer shall initiate appropriate action as
per the law. The employer should file or assist the aggrieved in filing the complaint with
the appropriate authority. In particular, it should ensure that victims or witnesses are not
victimized or discriminated against while dealing with complaints of sexual harassment.
The victims of sexual harassment should have the option to seek the transfer of the
perpetrator or their own transfer.
 5. Disciplinary Action: Where such conduct amounts to misconduct in employment as
defined by the relevant service rules, appropriate disciplinary action should be initiated by
the employer in accordance with those rules.

13.  6. Complaint Mechanism: Whether or not such conduct constitutes an offence
under law or a breach of the service rules, an appropriate complaint mechanism
should be created in the employer’s organization for effective redressal of such
complaints. Such a complaint mechanism should ensure the time-bound treatment
of complaints.
 7. Complaints Committee: The complaint mechanism, referred to in point (6)
above, should be adequate to provide, where necessary, a Complaints Committee, a
special counselor or other support services, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than half of
its members should be women. Further, to prevent the possibility of any under
pressure or influence from senior levels, such Complaints Committee should involve
a third party, either NGO or other bodies who are familiar with the issue of sexual
harassment.
 The Complaints Committee must make an annual report to the government
department concerned with the complaints and actions taken by them. The
employers and person in charge will also report on the compliance with the
aforesaid guidelines including on the reports of the Complaints Committee to the
Government department.

14.  8. Workers’ Initiative: Employees should be allowed to raise issues of sexual
harassment at workers’ meetings and in other appropriate forum and it should be
affirmatively discussed in Employer-Employee Meetings.
 9. Awareness: Awareness of the rights of female employees in this regard should be
created in particular by prominently suitably notifying the guidelines.
 10. Where sexual harassment occurs as a result of an act or omission by any third party
or an outsider, the employer and person in charge will take all steps necessary and
reasonable to assist the affected person in terms of support and preventive action.
 11. The Central/State governments are requested to consider adopting suitable measures including legislation
to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector.
 The Vishaka guidelines have laid the foundation for the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013. As per the current regime, employers with 10 or more
employees are required to constitute an internal complaints committee, conduct training, and awareness
sessions, etc. Ungender has the expertise and resources to help you comply with the Act, conduct training
sessions, constitute internal complaints committees(ICC) for all your offices and find an external member for
your ICC.

15. Before Vishakha
 It is not that the problem of sexual harassment in the workplace had not
been raised before the Bhanwari Devi case. However, in the absence of
a law, complaints were dealt with under Sections 354 (outraging the
modesty of a woman) and 294 (eve teasing) of the Indian Penal Code.
 “We found the eve teasing law very objectionable because it trivialises
the violence faced by a woman,” Bhaiya said. “Eve teasing is a very
British, orthodox position. Even the idea of modesty – whose modesty
are we talking about and why use such a term?”
 In 1998, another case made sexual harassment a matter of public
discussion when Indian Administrative Service officer Rupan Deol Bajaj
spoke out against senior police officer KPS Gill. Bajaj alleged that Gill
had pinched her bottom at an official party. She took her fight to court but
the case was only resolved in Bajaj’s favour in 2005.

16. “KPS Gill would not have dared to pat a man on his bum as he
did to her,” Butalia said. “She was really a courageous woman.
I think these two histories – Bhanwari’s and hers – are really
linked. It’s very interesting that one comes from a very
privileged woman and the other from a Dalit woman.”

17. Judiciary’s mixed record
 When the groups filed their petition, they were not expecting much, they said. “But we put
all our energy into it,” Bhaiya said. “There was such an outrage within the feminist
movement about what happened to Bhanwari – she was helpless in many ways and yet
showcased such strength and we all stood by it. The strength came from all of us but also
from her. It was a very dialectical time.”
 Kavita Srivastava of Vishakha recalled a particular instance of Bhanwari Devi’s courage.
“After the trial court judgement, she was attacked by the villagers who conducted a rally
against her,” she recalled. “They drove right up to her house and created a pretty
aggressive atmosphere. When many of us rushed to help her, she said I will take care of
myself, you do what you have to do. She meant the appeal and the petition. She was so
focused.”
 A fair share of the credit for the eventual verdict must go to lawyers Naina Kapur and
Meenakshi Arora who fought the case, Fali Nariman, who appeared as amicus curiae or
friend of the court, and the Supreme Court bench that deemed the issue a priority, added
Butalia.
 “It was quite unique that such a verdict was even delivered,” she said. “The court could
have sent [the petition] back saying it is not for them to make the law but the Parliament’s
responsibility. Instead, they chose to draw on international law, the Constitution of India,

18.  Kapur explained, “Vishaka was a binding judge-made law which, for the first time,
recognised workplace sexual harassment as a violation of a woman’s right to
constitutional equality at that workplace. That is what it made to unique.”
 However, it is the same judiciary that also failed Bhanwari Devi. Her own appeal against
the trial court judgement acquitting the five accused is still pending 26 years after the
crime. “We may be starry-eyed about Vishakha and so is she [Bhanwari Devi] but let’s
also remember that she still hasn’t gotten justice,” Srivastava said. “Twenty-six years
since the rape and 22 years since the appeal. Can you believe that her courage and
spirit has still not been sullied even after all this?”
 Bhanwari Devi, who is now 56 years told, is still working for the welfare of women,
Dalits and the marginalised in Rajasthan. “I am alive because of the women’s
movement,” she told Scroll.in. “The court of law and the government has failed me but
I got justice in the people’s court.” She added that she had “also got justice in god’s
court”, a reference to the fact that four of the five men accused of raping her have
since died.
 Former Vishaka member Mamta Jaitly said that justice delayed is justice denied. “The
case just hasn’t come up for hearing and is still pending,” she said. “Are such matters
not important for the judiciary or the government? It’s incredible that the same
judiciary has been both proactive and simultaneously an utter failure.”

19.  Kapur pointed to a larger failure beyond the denial of justice for Devi in the
criminal case, which she said was inevitable “given the historical treatment of
sexual violations” in traditional legal processes. “An innovative argument which
promoted long overdue recognition of sexual harassment as an equality violation
was never replicated through other cases,” she said. “The real benefit of Vishaka
can only be served, if we compel compliance with workplace sexual harassment as
an equality issue, make a conscious shift from the limiting language of criminal law
to the expansive language of equality.”

20. Important Definitions
 Sexual Harrasment- Includes anyone or more of the following Unwelcome acts or
Behaviour ( whether directly Of by implication ) namely,
1. Physical Contact and advances; or
2. A demand or request for sexual favours; or
3. Making sexual coloured remarks; or
4. Showing pornography; or
5. Any other Unwelcome physical, verbal or non-verbal conduct of Sexual nature.
Aggreived Women- It mean,
1. In a relation to a workplace, a woman, of any age, whether employed or not, who
alleges to have been subjected to any act of Sexual Harrasment by the respondent.
2. In a relation to dwelling place or house, a woman of any agewho is employed
induch a dwelling place or house.

22.  Appropriate Government- It means,
1. In a relation to work place which is established, owned, controlled or wholly or substantially
financed by funds provided directly or indirectly.
 By the Central Government or Union Territory administration, the Central Government.
 By the State Government, the State Government.
2. In a relation to any work place not covered under subclause.
 Falling within its territory, the State Government.
 District Officer- The appropriate Government may notify,
1) A District Magistrate; or
2) 2) Additional District Magistrate; or
3) 3) The Collector; or
4) 4) Deputy Collector
As A District Officer for every District to exercise power or discharge function under this Act.

23.  Work Place- It includes,
a) Any department, organization, undertaking, establishment or enterprises institutions
and offices financed by funds provided directly or indirectly by Government of Local
Authority or Government company or Corporation or Cooperative Society etc.
b) Any Private Sector organization, Non- Governmental organization, Industrial institution,
Educational institutions, etc...
c) Hospital or Nursing Home.
d) Any Sports institutions, Stadium, Training center of sports, etc...
e) 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.
f) A dwelling place or house.

25. Prevention Of Sexual Harrasment
A) No women will be subjected to sexual harrasment at any work place.
B) The following circumstances,among other circumstances, if it occurs or is present
in relation to or connected with any act or behaviour of sexual harrasment may
amount to
Sexual Harrasment:-
a) Implied or explict promise of preferential treatment in her employment; or
b) Implied or explict threat of detrimental treatment in her employment; or
c) Implied or explict threat about her present or future employment status; or
d) Interference with her work or creating an intimidating or offensive or hostile work
environment for her; or
e) Humiliating treatment likely to affect her health or safety.

26. What steps should employers take to reduce
vicarious liability?
 It is not possible to guarantee employers that they will not be vicariously liable for
sexual harassment, even if they take particular steps to prevent harassment. This is
because liability is decided by courts on a case-by-case basis. However, the case law
does provide some guidance for employers on how they can meet their legal
obligations.
 In short, there are two main actions that employers must take to avoid liability
for sexual harassment:
 1. Take all reasonable steps to prevent sexual harassment from occurring.
 2. If sexual harassment does occur, take appropriate remedial action.
 To prevent sexual harassment an employer should have a sexual harassment policy,
implement it as fully as possible and monitor its effectiveness. In order to remedy
sexual harassment an employer should have appropriate procedures set up for
dealing with complaints once they are made. The next sections give practical advice
to employers on how to prevent and remedy sexual harassment. Small businesses
should also refer to Section 8.

27.  How can employers prevent sexual harassment?
 The key to preventing sexual harassment is for employers and management to
make it clear to every employee and workplace participant that sexual harassment
is unacceptable in the workplace. This can be done by developing a clear sexual
harassment policy, communicating it to each workplace participant and making
sure that it is understood. In addition, it is important that appropriate behaviour
be modelled by management throughout the workplace.
 A written policy on its own is insufficient. A policy that is not implemented through
communication, education and enforcement will be of little or no use in
discharging liability.
 Below is a checklist on the general steps necessary to prevent sexual harassment,
followed by guidelines specifically on writing a sexual harassment policy.

28.  Five simple steps to prevent sexual harassment
 It is recommended that employers take the following steps to
prevent sexual harassment.
 (a) Get high-level management support.
 (b) Write and implement a sexual harassment policy.
 (c) Provide regular training and information on sexual harassment to
all staff and management.
 (d) Encourage appropriate conduct by managers.
 (e) Create a positive workplace environment.

29.  Writing a sexual harassment policy
 A key aspect of prevention is the development and promotion of a written
policy which makes it clear that sexual harassment will not be tolerated under
any circumstances. Some employers incorporate information on sexual harassment
into a general workplace harassment policy which covers other forms of unlawful
harassment (such as harassment on the grounds of race, disability, sexual
preference or age). Others decide there is a need for a stand alone sexual
harassment policy, particularly if sexual harassment is a common or recurring
problem within the workplace. Both options are valid and it is up to employers
to decide what is most appropriate for them. If a general policy is adopted,
however, it is important that the different types of harassment are well-defined
and addressed comprehensively. If the policy is too broad or generic its impact
and clarity may be compromised.

30.  Essential elements of a sexual harassment policy
 A sexual harassment policy should include the following:
 A strong opening statement on the organisation’s stance on sexual harassment
This should state that the organisation is committed to ensuring that the working environment is free from
sexual harassment, that it will not be tolerated under any circumstances and that swift disciplinary action
will be taken against any employee (or agent) who breaches the policy. To give the policy credibility and
maximum impact, the opening statement should appear above the signature of the chief executive
officer.
 An outline of the organisation’s objectives regarding sexual harassment
This demonstrates that the organisation is committed to a comprehensive
strategy for eliminating sexual harassment.
 A clearly worded definition of sexual harassment
There is no single, universally accepted definition of sexual harassment. However, the definition adopted
should be consistent with the legal definition in the Sex Discrimination Act to avoid any confusion. The
most important element to emphasise in any definition is that sexual harassment is unwelcome
behaviour of a sexual nature. For example, sexual harassment can be defined in the following way.

31.  What sexual harassment is not
 The policy should explain that sexual harassment is not behaviour which is
based on mutual attraction, friendship and respect. If the interaction is
consensual, welcome and reciprocated it is not sexual harassment.
 A statement that sexual harassment is against the law
 The policy should make it clear that sexual harassment is against the law.
Reference should be made to the federal, state or territory anti-discrimination
laws that apply to the organisation. Staff need to know that legal action could
be taken against them for sexual harassment and that they could also be exposing
the company to liability.
 The circumstances in which sexual harassment may occur
 The policy should state that sexual harassment is unlawful, even if
perpetrated by a supervisor or manager, co-worker, contractor, service provider,
client or customer. Although not all these situations would necessarily give
rise to a complaint under the legislation, it makes good sense to provide an

32. internal procedure for dealing with any sexual harassment which could affect the
welfare of employees. The policy should also state that sexual harassment is not
just unlawful during working hours or in the workplace itself and not only
between co-workers. The behaviour is unlawful in any work-related context,
including conferences, work functions, office Christmas parties and business or
field trips and includes interactions with clients and customers. The behaviour
is also unlawful when it occurs away from the workplace but is a culmination or
extension of events in the workplace.
The consequences that can be imposed if the policy is breached
The policy should operate as a general warning to all employees of the consequences
they can expect if they do not comply. Depending on the severity of the case,
consequences can include an apology, counselling, transfer, dismissal, demotion or
other forms of disciplinary action. Employees shouharassment nformed that
immediate disciplinary action will be taken against anyone who victimises or
retaliates against a person who has complained of sexual harassment.

33.  Responsibilities of management and staff
 The policy should state that the organisation has a legal responsibility to prevent
sexual harassment, otherwise it can be liable for the behaviour of its employees.
This means that managers and supervisors have a respthemselves to:
 1) monitor the working environment to ensure that acceptable standards of
conduct are observed at all times;
 2) model appropriate behaviour themselves;
 3) promote the organisation’s sexual harassment policy within their work area;
 4) treat all complaints seriously and take immediate action to investigate and
resolve the matter;
 5) refer complaints to another officer if they do not feel that they are the best
person to deal with the case (for example, if there is a conflict of interest or if the
complaint is particularly complex or serious).

34.  Information on where individuals can get help, advice or make a
complaint
 The policy should tell employees where they can get help if they are sexually
harassed. Depending on the size of the organisation and the system that is in place
for dealing with sexual harassment, employees can be advised to approach their
manager or supervisor, sexual harassment contact officer, equal employment
opportunity officer, human resources manager, industrial relations manager, lawyer
and/or their union delegate. Where possible a number of different contact people
of both sexes should be provided so that staff can approach someone they feel
comfortable with. It is not appropriate to only give staff the option of approaching
their line manager because there may be cases where the manager is the alleged
harasser or is perceived to be closely associated with the harasser and therefore
not impartial. Where available, employers should offer referrals to employee
assistance programs. Employers should also offer referrals to external services
where employees can get legal advice and emotional support if they experience
sexual harassment.

35.  A brief summary of the options available for dealing with sexual
harassment
 Employees should be advised of the different ways that sexual harassment can
be addressed. This includes informal action such as confronting the harasser
directly (but only if the individual feels confident enough to do so), making a
formal complaint to a manager or using the organisation’s internal
complaints procedures. The way that complaints will be handled should be
documented in the policy or in a separate complaints procedure. Staff can be
referred to this if they require more information. Employees can also approach
their union, the Commission or the relevant state or territory
anti-discrimination agency for information and confidential advice.

37. Constitution of Internal Complaints
Commitee (ICC)
 Every employer/ establishment employing ten or more employees is required to constitute
an Internal Complaints Committee (hereinafter referred to as the “ICC”) in order to provide
a suitable redressal mechanism to the women aggrieved by the incident of sexual
harassment.
 Appointment of ICC Members
 The ICC will be composed of the following members: nominated by the Employer namely:
 a. 1 Presiding officer who shall be employed at a senior level at workplace from amongst
the employees, if not available then nominated from other office/ units/ department/
workplace of the same employer;
 b. 2 Members from amongst employees preferably committed to the cause of women or
who have had experience in social work or have legal knowledge;
 c. 1 Outside counsel i.e. Member from amongst non-governmental organizations or
associations committed to the cause of women or a person familiar with the issues relating
to sexual harassment.

38.  As per the POSH laws, at least one-half of the total members of the ICC nominated shall be
women. It has been prescribed that the Presiding Officer and every Member of the Internal
Committee shall hold office for such period not exceeding 3 years, from the date of their
nomination as may be specified by the employer.
 Disqualification of the ICC Members
 Presiding Officer or Member, as the case may be, shall be removed from the ICC in case
he/ she:
 i. Breaches the obligation of maintaining confidentiality of the inquiry processing
pertaining to sexual harassment against the aggrieved woman;
 ii. Has been convicted for an offence or an inquiry into an offeree under any law for the
time being in force is, pending against him/ her;
 iii. Has been found guilty in any disciplinary proceedings or a disciplinary proceeding is
pending against him/her; OR
 iv. Has so abused his/ her position as to render his continuance in office prejudicial to the
public interest

39.  Complaint Procedure
 Complaint regarding Sexual Harassment against women can be made either in paper form or by sending e-
mail to iccsh-dst[at]gov[dot]in. The Act stipulates that aggrieved woman can make written complaint of
sexual harassment at workplace to the ICC or to the LCC (in case a complaint is against the employer),
within a period of three months from the date of incident and in case of a series of incidents, within a
period of three months from the date of last incident. As per the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Rules, 2013, in case the aggrieved woman is unable to make a
complaint on account of her physical incapacity, a complaint may be filed inter alia by her relative or friend
or her co-worker or an officer of the National Commission for Woman or State Women’s Commission or any
person who has knowledge of the incident, with the written consent of the aggrieved woman.
 Ministry of Women & Child Development launched an online complaint management system titled Sexual
Harassment electronic –Box (She-Box) on 24th July, 2017 for registering complaints related to Sexual
Harassment at workplace. The She-Box is an initiative to provide a platform to the women working or
visiting any office of Central Government (Central Ministries, Departments, Public Sector Undertakings,
Autonomous Bodies and Institutions etc.) to file complaints related to Sexual Harassment at workplace under
the Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013.
 Once a complaint is submitted to She-Box, it will be directly sent to the Internal Complaint Committee (ICC)
of the concerned Ministry/ Department/ PSU/ Autonomous Body etc. Having jurisdiction to inquire into the
complaint. The She-Box also provides an opportunity to both the complainant and nodal administrative
authority to monitor the progress of inquiry conducted by the ICCs.

41. Constitutional Local Complaints
Commitee (LCC)
 What is a Local Complaints Committee (LCC)?
 A Local Complaints Committee is a committee to receive complaints of sexual harassment at
the workplace from establishments that do not have an Internal Complaints Committee
because they have less than 10 workers, or when the complaint is against the employer
himself.
 This Committee is important for women who work in the unorganised sector or for domestic
workers.
 The LCC is mandated under Section 6 of the Sexual Harassment (Prevention,
Prohibition, and Redressal) of Women at Workplace Act, 2013 (the 2013
Act)Ac
 There is no designated workplace, how is the jurisdiction of an LCC
decided?
 An LCC is to be made at a district level as under Section 5 of the 2013 Act.

42.  Who is responsible for creating an LCC in every district?
 As per Section 5 of the 2013 Act, an officer at the post of a District Magistrate or Additional
District Magistrate, or the Collector or Deputy Collector is to be notified as “District
Officer” by the appropriate government and it is the District Officer’s responsibility to
constitute an LCC in her district.
 A district may have many villages, tehsils or municipalities. How are
complaints from different villages, tehsils in a district forwarded to an LCC?
 The District Officer has to designate one Nodal Officer in every block, taluka, and tehsil in
rural or tribal areas. In an urban area, a Nodal Officer has to be appointed for every ward
or municipality.
 The Nodal Officer’s primary responsibility is to receive complaints and forward the same to
the concerned LCC within a period of seven days. This procedure is explained under Section
6(2) of the 2013 Act.

43.  How many members does an LCC have?
 Section 7 of the 2013 Act provides that a Local Complaints Committee is to have a
minimum of five members. Four of these are to be nominated by the District Officer, and
one is a default member. Their details are:
 one Chairperson, nominated from among eminent women in the field of social work and
committed to the cause of women
 one member, nominated from among the women working in a block, taluka, tehsil or ward
or municipality in the district
 Two members, nominated, out of which at least, one should be from such NGOs or
associations committed to the cause of women or a person familiar with the issues
relating to sexual harassment.
 The officer in the district dealing with the social welfare or women and child development
shall also be an ex-officio, e. by default, be a member of the LCC

45.  Filing complaint under IPC
 Sexual harassment under IPC is an offence of cognizable nature9, making
the police in authority to arrest a person without warrant and even start an
investigation on their own. As per the procedural laws in India, any person
(including victim, her relatives, stranger) who has knowledge of the act or
offence committed can report about its commission. This can be done either
by providing the information to police in form of FIR with further
investigation and trial thereof or may proceed with complaint before the
jurisdictional Judicial Magistrate involving prosecution by private persons.
 Registration of FIR– The victim who experienced the crime can inform the
police orally by going in person to the police station or even through
telephone. The police officer receiving the information without avoiding his
duty will register the offence when disclosed otherwise will be subjected to
action against him; herein that police officer must be a woman police
officer/any woman officer10. As per the case of sexual harassment
committed/attempted where the victim is disabled in any way possible shall
be benefited with the process of recording of information at her residence or
at a convenient place of a choice11.

46.  If the officer in charge of the police station refuses to register the FIR the informant
can approach the superintendent of police of concerned district12. If both local police
station and superior officer refuses to register the FIR, the informant can approach
the Magistrate seeking direction to investigate13 in form of an affidavit14. Even if the
Magistrate passes an Order refusing to direct such investigation or police is inactive
on their part, further matters can be filed into Writ Petition / Petition for direction
before concerned High Court and seek direction for registration of FIR15.
 Complaint to Judicial Magistrate– A victim/person having knowledge about the
commission of sexual harassment can file a complaint under section 200 of CrPC.
Magistrate taking cognizance upon complaint examines the complainant and the
witness, if any, further is reduced to writing and signed by complaint and the
witnesses along with the Magistrate. If the learned Magistrate is satisfied with/without
inquiry/investigation for sufficient ground to proceed he will issue summons to the
accused and proceed with inquiry and trial. If Magistrate refuses to issue a process
and dismiss the complaint, the aggrieved person can approach the sessions court by
filing a revision petition.
 Complaint filed under both POSH and IPC
 Both POSH and IPC have made clear provisions on sexual harassment. IPC has a
wider coverage, unlike POSH for sexual harassment, and is not limited to workplaces
only. As the rules of POSH are for remedies, the IPC penalises the same offence. So
undoubtedly, one can file the complaint under both POSH and IPC for better or
subjective reliefs as per their needs.

47.  UGC Asks Universities To Send Report On Cases Of Sexual Harassment
 UGC has directed universities to send Annual Return on cases of Sexual Harassment for a one year period ending
on March 31, 2018.
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 HomeeducationUGC Asks Universities To Send Report On Cases Of Sexual Harassment
 UGC Asks Universities To Send Report On Cases Of Sexual Harassment
 UGC has directed universities to send Annual Return on cases of Sexual Harassment for a one year period ending
on March 31, 2018.
 Written by Anisha Singh, | Updated: Jul 3, 2018 1:55 pm IST
 Source: NDTV
 UGC Asks University To Send Report On Cases Of Sexual Harassment

48.  50% increase in sexual harassment cases on campuses in 2017:
 UGC data Universities and colleges across the country reported a 50% increase in sexual
harassment cases in 2017 compared to previous year, the Lok Sabha was informed on Monday.
 Universities and colleges across the country reported a 50% increase in sexual harassment
cases in 2017 compared to previous year, the Lok Sabha was informed on Monday.
 Quoting data from the University Grants Commission (UGC), Union minister of state for
human resource development Satya Pal Singh, in a written reply, said 149 cases of sexual
harassment were reported from universities and 39 cases from colleges and other institutions
in 2017. In 2016, 94 such cases were reported from universities and 18 from colleges and
institutions.
 The data was shared on a day when hundreds of JNU students marched to the Vasant Kunj
police station in south Delhi, demanding arrest and suspension of a professor accused of
sexual harassment by a student.
 In addition to this, 901 cases of ragging were registered in 2017 compared to 515 in 2016, the
minister said.
 Quoting UGC, the minister said the panel had set up a task force under the chairmanship of
professor Meenakshi Gopinath, ex-member of UGC, on 8 January, 2013 to review the existing
arrangements for the safety and security of girls and women on campuses of higher
educational institutions.

49.  The task force’s report was adopted by the commission. UGC had notified specific
rules to tackle sexual harassment of students and staff that required institutions to
take action on complaints of all sexes. The regulation has notified a provision for
third-party complaints that allows a victim’s friends, colleagues or any other person
to file a complaint on their behalf.
 The commission has also asked institutions whether workshops or awareness
programmes against sexual harassment were conducted during the year.
 The UGC had also notified University Grants Commission (Prevention, Prohibition and
Redressal of Sexual Harassment of Women Employees and Students in Higher
Educational Institutions) Regulations, 2015.
 “The complaint needs to be filed within three months of the offence and the
university or college would have to face action, including fund cuts if they failed to
follow regulations,” a senior UGC official said, explaining the stringent rules against
the offence.
 “The UGC guidelines said that the internal committee of the college or university is
liable to complete its probe within 90 days and the authorities have to take action
within 30 days. If found guilty, the university or college can rusticate a student while
an employee or teacher has to face action according to the service rule,” the official
said.

50. Conclusion
 Matters of workplace harassment have gained momentum among practitioners and
researchers as it is becoming one of the most sensitive areas of effective workplace
management, because a significant source of work stress is associated with aggressive
behaviours at workplace20. The issue of sexual harassment cannot be addressed by
mere enactment of laws. Sincere efforts need to be made in overcoming stereotypes,
narrow mindedness and gender biasness.
 All we need to learn for a better environment is treating every employee or staff member
with the amount of respect and dignity we aspire for ourselves. Objectifying languages
should be avoided. A change in attitude with a sense of security among every person
could aid in bringing healthier and tranquilized surroundings at workplaces. Despite
initial hardships, women are panning out from their diffidence. Sensitization of moral
values should be the centrality of any institution. There exists a harsh reality too that
sexual harassment knows no gender. It does not need to be motivated by sexual desire
either but just needs to be based on victims’ gender. Law should be made more stringent
with increased applicability and gender-neutral.

51.  Over the last few decades, research, activity, and funding has been
devoted to improving the recruitment, retention, and advancement of
women in the fields of science, engineering, and medicine. In recent
years the diversity of those participating in these fields, particularly the
participation of women, has improved and there are significantly more
women entering careers and studying science, engineering, and medicine
than ever before. However, as women increasingly enter these fields
they face biases and barriers and it is not surprising that sexual
harassment is one of these barriers.
 Over thirty years the incidence of sexual harassment in different
industries has held steady, yet now more women are in the workforce
and in academia, and in the fields of science, engineering, and medicine
(as students and faculty) and so more women are experiencing sexual
harassment as they work and learn. Over the last several years,
revelations of the sexual harassment experienced by women in the
workplace and in academic settings have raised urgent questions about
the specific impact of this discriminatory behavior on women and the
extent to which it is limiting their careers.

52.  Sexual Harassment of Women explores the influence of sexual harassment in
academia on the career advancement of women in the scientific, technical, and
medical workforce. This report reviews the research on the extent to which
women in the fields of science, engineering, and medicine are victimized by
sexual harassment and examines the existing information on the extent to which
sexual harassment in academia negatively impacts the recruitment, retention, and
advancement of women pursuing scientific, engineering, technical, and medical
careers. It also identifies and analyzes the policies, strategies and practices that
have been the most successful in preventing and addressing sexual harassment in
these settings.
 And yet, despite the high numbers of girls experiencing sexual harassment in
schools, only 12 percent said they ever reported it to an adult. “Some researchers
claim that sexual harassment is so common for girls that many fail to recognize it
as sexual harassment when it happens,” said the AAUW report. A 2014 study,
published in Gender & Society, of students in a Midwestern city also found that
girls failed to report incidents of sexual harassment in school because they
regarded them as “normal.” Their lack of reporting was found to stem from girls’
fear of being labeled “bad girls” by teachers and administrators, who they felt
would view them as provoking how they were treated. They also feared the
condemnation of other girls, some of whom were shown to be unsupportive,
accusing them of exaggerating or lying. Many girls saw everyday sexual harassment
and abuse as “normal” male behavior male behavior and something they had to
ignore, endure, or maneuver around.

53.  References
 Sex Discrimination Act,1984
 Anshul Arbaz, “Sexual Harassment at Workplace”
 “Protection of Women from Sexual Harassment at Workplace”, Arun Kumar
 Section 354-A, Indian Penal Code (IPC)
 Section 354-B, IPC
 Section 354-C, IPC
 Vishakha and Ors. v. State of Rajasthan and Ors., AIR 1997 SC 3011
 Section 2 of the POSH Act
 Schedule 1 of Criminal Procedure Act (CrPC)
 Section 154 of CrPC
 Section 154(1)(a) of CrPC

54.  Section 154(3) of CrPC
 Section 156(3) of CrPC
 Priyanka Srivastava and Anr. v. State of U.P. and Ors., 2015
 Section 482 of CrPC
 Vishakha and Ors. v. State of Rajasthan and Ors., AIR 1997 SC 3011
 A Brief History of the Battle Against Sexual Harassment at Workplace,
7th December, 2013
 AIR 1999 SC 625
 2013, 1 SCC 297
 Tehrani, Noreen (Aug. 2004), British Journal of Guidance and
Counselling

55. “Self respect by definition is a confidence
and pride in knowing that your behaviour is
both honorable and dignified. When you
harass or vilify someone, you not only
disrespect them, but yourself also.Street
harassment, sexual violence, sexual
harassment, gender-based violence and
racism, are all acts committed by a person
who in fact has no self respect. ----Respect
yourself by respecting others”.