Short info on sexual harassment on women in workplaces

1. RISHIKESH MAGADUM
TY B.SC. (HS) 2018-21

2. PURPOSE ?
• AN ACT TO PROVIDE PROTECTION AGAINST SEXUAL HARASSMENT OF WOMEN AT WORKPLACE AND FOR
THE PREVENTION AND REDRESSAL OF SEXUAL HARASSMENT AND FOR MATTERS CONNECTED THEREWITH
OR INCIDENTALS THERE TO.

3. WORKPLACE DEFINITIONS
 EMPLOYEE
- REGULAR OR TEMPORARY
- AD HOC OR DAILY WAGE BASIS
- DIRECTLY OR THROUGH AN AGENT, CONTRACTOR
- WHETHER FOR REMUNERATION OR NOT
- VOLUNTARY BASIS
- CONTRACT WORKER, PROBATIONER, TRAINEE, APPRENTICE CALLED ANY OTHER SUCH NAME;
 WORKPLACE
- ALSO COVERS WITHIN ITS SCOPE
- PLACES VISITED DURING THE COURSE OF EMPLOYMENT
- REASONS ARISING OUR OF EMPLOYMENT LIKE INCLUDING TRANSPORTATION PROVIDED BY
FOR COMMUTING

4. SEXUAL HARASSMENT INCLUDES
ANY ONE OR MORE OF THE FOLLOWING
UNWELCOME ACTS OR BEHAVIOR (DIRECTLY OR BY
IMPLICATION)
PHYSICAL CONTACT AND ADVANCES; OR
A DEMAND OR REQUEST FOR SEXUAL FAVORS; OR
MAKING SEXUALLY COLORED REMARKS; OR
SHOWING PORNOGRAPHY ; OR
ANY OTHER UNWELCOME PHYSICAL, VERBAL OR NON-VERBAL
CONDUCT OF SEXUAL NATURE;

6. INTERNAL COMPLAINTS COMMITTEE (ICC)
EMPLOYER TO SET UP ICC ; BY AN ORDER IN WRITING
SHALL BE CONSTITUTED AT ALL ADMINISTRATIVE UNITS/OFFICES.
• COMMITTEE
NOMINATED BY THE EMPLOYER
PRESIDING OFFICER (PO) MUST BE A WOMEN WHO’S AT SENIOR LEVEL
TWO MEMBERS FROM AMONGST EMPLOYEES
ONE MEMBER FROM NGO
AT LEAST ½ OF TOTAL MEMBERS SHALL BE WOMEN
• TENURE OF THE COMMITTEE MEMBERS
EVERY MEMBER IN ICC SHALL HOLD OFFICE MIN.3 YEARS FROM THE DATE OF NOMINATION

7. ICC
One Presiding Officer
(Must be Women)
Minimum Two
other employees
One person from NGO
committed to cause of women
or familiar with issues relating
to sexual harassment on
allowance basis
(Min. 5yrs of experience in
Social Work)
INTERNAL COMPLAINTS COMMITTEE
(ICC)
Employer Level

8. LOCAL COMPLAINTS COMMITTEE (LCC)
• DISTRICT OFFICER SHALL CONSTITUTE LCC WITH MIN.5 MEMBERS
• RECEIVED COMPLAINTS ONLY WHERE ICC IS NOT CONSTITUTED BECAUSE OF HAVING LESS THEN TEN
WORKERS; OR
• IF THE COMPLAINT IS AGAINST THE EMPLOYER
• COMMITTEE MEMBERS SHALL NOMINATE BY DISTRICT OFFICER
• DISTRICT OFFICER SHALL DESIGNATE NODAL OFFICER AT EACH BLOCK
• RECEIVES COMPLAINTS
• FORWARD SAME TO LCC WITH IN A PERIOD OF 7 DAYS.

9. LOCAL COMPLAINTS COMMITTEE (LCC)
Belonging to the
Schedule Caste
or Tribe or
Backward Class
District Level
Have law or
legal knowledge
One member
women working
in the same
district
Two members
At least one
shall be woman
from NGO’s or
associations
Ex- Officio
Concerned officer
Dealing with social
welfare or women &
child development in
the area.
One Chairperson
Eminent Women
with social work
field

10. HOW TO FILL COMPLAINT AND INQUIRY PROCESS-
• A COMPLAINT OF SEXUAL HARASSMENT CAN BE FILED WITHIN A TIME LIMIT OF 3
MONTHS. THIS MAY BE EXTENDED TO ANOTHER 3 MONTHS IF THE WOMAN CAN
PROVE THAT GRAVE CIRCUMSTANCES PREVENTED HER FROM DOING THE SAME.
• THE ACT HAS A PROVISION FOR CONCILIATION. THE ICC/LCC CAN TAKE STEPS TO
SETTLE THE MATTER BETWEEN THE AGGRIEVED WOMAN AND THE RESPONDENT,
HOWEVER THIS OPTION WILL BE USED ONLY AT THE REQUEST OF THE WOMAN.
THE ACT ALSO PROVIDES THAT MONETARY SETTLEMENT SHALL NOT BE MADE A
BASIS OF CONCILIATION. FURTHER, IF ANY OF THE CONDITIONS OF THE
SETTLEMENT IS NOT COMPLIED WITH BY THE RESPONDENT, THE COMPLAINANT
CAN GO BACK TO THE COMMITTEE WHO WILL PROCEED TO MAKE AN INQUIRY.
• THE COMMITTEE IS REQUIRED TO COMPLETE THE INQUIRY WITHIN A TIME PERIOD
OF 90 DAYS. ON COMPLETION OF THE INQUIRY, THE REPORT WILL BE SENT TO THE
EMPLOYER OR THE DISTRICT OFFICER, AS THE CASE MAY BE, THEY ARE MANDATED
TO TAKE ACTION ON THE REPORT WITHIN 60 DAYS.

11. ACTION-
1. IN CASE THE COMPLAINT HAS BEEN FOUND PROVED, THEN THE COMMITTEE CAN
RECOMMEND ACTION IN ACCORDANCE WITH THE PROVISION OF SERVICE RULES
APPLICABLE TO THE RESPONDENT OR AS PER THE RULES WHICH WILL BE PRESCRIBED,
WHERE SUCH SERVICE RULES DO NOT EXIST. THE COMMITTEE CAN ALSO RECOMMEND
DEDUCTION OF AN APPROPRIATE SUM FROM THE SALARY OF THE RESPONDENT OR ASK
RESPONDENT TO PAY THE SUM. IN CASE THE RESPONDENT FAILS TO PAY SUCH SUM,
DISTRICT OFFICER MAY BE ASKED TO RECOVER SUCH SUM AS AN ARREAR OF LAND
REVENUE.
2. IN CASE THE ALLEGATION AGAINST THE RESPONDENT HAS NOT BEEN PROVED THEN
THE COMMITTEE CAN WRITE TO THE EMPLOYER/DISTRICT OFFICER THAT NO ACTION NEEDS
TO BE TAKEN IN THE MATTER.
3. IN CASE OF MALICIOUS OR FALSE COMPLAINT THEN THE ACT PROVIDES FOR A PENALTY
ACCORDING TO THE SERVICE RULES. HOWEVER, THIS CLAUSE HAS A SAFEGUARD IN THE
FORM OF AN ENQUIRY PRIOR TO ESTABLISHING THE MALICIOUS INTENT. ALSO, MERE
INABILITY TO PROVE THE CASE WILL NOT ATTRACT PENALTY UNDER THIS PROVISION.

12. MONITORING -
• REGARDING MONITORING, THE ACT PROVIDES THAT THE STATE GOVERNMENTS WILL MONITOR
IMPLEMENTATION AND MAINTAIN DATA FOR ALL STATE GOVERNMENT ESTABLISHMENTS AS
WELL AS PRIVATE ESTABLISHMENTS IN THEIR TERRITORY. FOR ESTABLISHMENTS OF THE
CENTRAL GOVERNMENT THIS DUTY IS CAST ON THE GOVERNMENT OF INDIA. ALL ICCS
HAVE TO SUBMIT ANNUAL REPORTS TO THE EMPLOYER WHO INTURN WILL SUBMIT IT TO THE
DISTRICT OFFICER. ALL LCCS SHALL SUBMIT THEIR ANNUAL REPORT TO THE DISTRICT
OFFICER. THE DISTRICT OFFICERS WILL SUBMIT THE REPORT ANNUALLY TO THE STATE
GOVERNMENTS.
• THE CENTRAL AND STATE GOVERNMENTS ARE MANDATED TO DEVELOP RELEVANT IEC AND
TRAINING MATERIALS AND ORGANIZE AWARENESS PROGRAMMED TO ADVANCE THE
UNDERSTANDING OF THE PUBLIC ON THE PROVISIONS OF THIS BILL.

13. THANK YOU