1. SEXUAL HARASSMENT AT
WORKPLACE
INSTITUTE OF MANAGEMENT
STUDIES, DAVV, INDORE
Presented to: Presented by:
Mrs. Nisha Siddiqui Lubha Jain
Manju Singh
Radhika Bhagwat

2. 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

3. Indian Laws on Sexual Harassment
1997:
The
Constitution
of India
Vishaka vs.
State of
Rajasthan
The Sexual
Harassment of
Women at
Workplace
(Prevention, Prohi
bition and
Redressal)
Act, 2013
The Indian
Penal
Code, 186
0

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. 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. THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
• An Act aimed to provide protection against sexual
harassment of women at workplace and for the prevention
and redressal of complaints of sexual harassment and for
matters connected therewith or incidental thereto.
• (Government Gazette dated 23 April, 2013 /Vaisakha 3, 1935 - Saka)
• Sexual Harassment results in violation of the fundamental rights of a
woman to equality under Article 14 and 15 of the Constitution of India
and her right to life and live with dignity under Article 21 of the
Constitution and right to practice any profession or to carry on any
occupation, trade or business which includes a right to a safe
environment free from sexual harassment.

7. Section 3 : No woman shall be subjected to sexual harassment at any work
place which may include, but is not limited to –
i. implied or overt promise of preferential treatment in her
employment; or
ii. implied or overt threat of detrimental treatment in her
employment; or
iii. implied or overt threat about her present or future employment
status; or
iv. conduct of any person which interferes with her work or creates an
intimidating or offensive or hostile work environment for her; or
v. humiliating conduct constituting health and safety problems for
her.

8. Section 4 :
• Internal Complaints Committee should consist of :
i. A Presiding Officer – who shall be a woman employed at a senior level at
workplace from amongst the employees.
ii. Not less than two members from amongst employees preferably
committed to cause of women or who have experience in social work
or have legal knowledge.
iii. One member from NGO or association committed to the cause of women or
a person familiar with the issues relating to sexual harassment.
Provided that at least one-half of the total members so nominated shall be
women.
• The said Committee shall hold office for a period not exceeding 3 years.
• The member appointed from NGO or other association shall be paid such fees
or allowances for holding the proceedings of the Internal Committee, by the
employer as may be prescribed.
• Can vacate office under such circumstances as explained in Sec. 4 (5).

9. 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, taluka and
tehsil 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, tehsil or ward etc. two members of whom
atleast one women to be nominated from NGO.

10. • Section 9 : An aggrieved women can make a complaint
in writing on sexual harassment to the Local
Committee if an internal Committee is not constituted
within a period of 3 months from the date of the
incident and in case of series of incidents within 3
months from the date of last incident.
• Where the aggrieved woman is unable to make a
complaint on account of her physical or mental
incapacity or death or otherwise her legal heir or such
other person as may be prescribed may make a
complaint under this section.

11.  Section 10 : Conciliation :The Committees may at the
request of the aggrieved women take steps to settle the
matter between her and the respondent through
conciliation. Monetary settlement shall not be made the
basis for such conciliation.
 If the settlement has been arrived the Committee concerned
will forward the settlement to the employer or the District
Officer to take action as specified in its recommendation.
 The Committee shall provide copies of the settlement as
recorded to the aggrieved women and the respondent as
well.
 Where settlement has been arrived at, no further inquiry
shall be conducted by the concerned Committee.

12. 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

13. 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]

14. Action during pendency of inquiry
• Transfer the aggrieved woman or the respondent to any
other workplace ; or
• Grant leave to the aggrieved woman; or
• Grant such other relief to the aggrieved women as may be
prescribed
(The leave granted to aggrieved woman shall be in addition
to the leave she would otherwise be entitled).
• The inquiry Report on completion can be submitted to the
employer. (MD / Audit Committee)
• If the allegations are not proved no action would be taken
against the respondent.

15. 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.
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.

16. Determination of Compensation
• The mental trauma, pain, suffering and emotional distress caused to the
aggrieved woman.
• The loss in the career opportunity due to the incident of sexual harassment;
• Medical expenses incurred by the victim for physical or psychiatric treatment;
• The income and financial status of the respondent;
• Feasibility of such payment in lump sum or in installments
Section 16: Provides details on non-publication of details
pertaining to the identity and address of the aggrieved woman,
respondent and the witness or any other information relating
to conciliation and inquiry proceedings, recommendations of
the Committee and action taken by employer to the public,
press and media in any manner. (Specific ref to Right to
Information Act)

17. Duties of Employer
Every Employer shall
 Provide a safe working environment at the workplace which shall
include safety from the persons coming into contact at the workplace.
 display at any conspicuous place in the workplace, the order
constituting, the internal committee.
 Organise workshops and training programmes at regular intervals
for sensitising the employees regarding the provisions of the Act.
 provide necessary facility to the Internal Committee or the Local
Committee, as the case may be for dealing with the complaint and
conducting inquiry.
 assist in securing the attendance of respondent and witnesses before
the committee.
 make available such information to the committee.

18. Duties of Employer (Contd.)
 provide assistance to the women if she chooses to file a
complaint in relation to the offence under the Indian
Penal Code or any other law for the time being in force.
 initiate action, under the Indian Penal Code or any other
law for the time being in force, against the perpetrator
after the conclusion of the inquiry, or without waiting for
the inquiry where the perpetrator is not an
employee in the workplace at which the incident of
sexual harassment took place.
 treat sexual harassment as a misconduct under the
service rules and initiate action for such misconduct.
 Monitor the timely submission of reports by the Internal
committee.
18

19. Duties of an Employer – Penal Clause
Where an employer fails to :
 constitute an internal committee
 take action against the respondent
contravenes or attempts to contravene or abets contravention of other
provisions of this Act or any rules made there under shall be punishable with
fine which may extent to Fifty thousand rupees.
In case of second or continuing offence,
- 2. Twice the punishment which may be imposed the first time.
- Provided that in case a higher punishment is prescribed under any other law
for the time being in force, for the offence for which the accused is being
prosecuted the court shall take due cognizance of the same while awarding
the punishment;
- Cancellation of licence or withdrawal or cancellation of registration required
for carrying on the business or activity.