The document summarizes Indian law on sexual harassment. It discusses key court rulings like the 1997 Vishaka vs. State of Rajasthan case that established guidelines to prevent sexual harassment. It also describes the Sexual Harassment of Women at Workplace Act of 2013 that provides a framework to prevent and address sexual harassment. The act requires employers to form internal committees to handle complaints. It defines sexual harassment and protections for complainants. Penalties for non-compliance and sexual harassment offenses under the Indian Penal Code are also outlined.

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Umasree Raghunath

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Indian Law on Sexual Harassment
The
Constitution of
India
1997:
Vishaka vs.
State of
Rajasthan
TheSexual
Harassment of
Women at
Workplace
(Prevention,
Prohibition and
Redressal) Act, 2013
TheIndian
Penal Code,
1860
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4. Approach to Practice
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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
 There is a need for guidelines to fill the legislative vacuum
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5. The Vishaka Judgment - Guidelines
 Management’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. Howdo we differentiate?
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The Sexual Harassment of Women at Workplace(Prevention, Prohibition and
Redressal) Act, 2013
 Object: Prevention + Protection + Redressal
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7. Talent
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Who is an “Employee” or ‘Student’ in cases of Educations
Institutions?
Regular, temporary, ad hoc
employees
EMPLOYEE
Directly/through an agent/contractor
With or without
remuneration/voluntary
Express/implied terms of
employment
Probationer/apprentice…
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Who is the “Employer” or “Ownership with”?
Employer
Supervision Control
Management
Person discharging contractual obligations
with respect to the employees
Person/board/committee responsible for
formulation of policies
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9. The “workplace”
Workplace
Government
owned/controlled
establishments
Hospitals/
Nursing
homes
Private sector
organizations
Sports
institutes,
stadiums, training
institutions
Dwelling place in
case of a domestic
worker
AND…
Vocational/
Educational
Institutions
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10. The extended “workplace”includes in Educational
Institutions …
Anyplace visited by
the student
 arising out of;
 or duringcourseof;
studies,
includingtransportation provided by
institution
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11. “Sexual Harassment” under the New Law
A demand or
request for sexual
favors
Sexual
Harassment
Showing
pornography
Unwelcomephysical, verbal or
non-verbal
conduct of sexual nature
Makingsexually
colored remarks
Physical contact
and advances
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12. Circumstances Considered as Sexual Harassment
 Implied/explicit promise of preferential treatment in the
education institution
 Implied/explicit threat of detrimental treatment in colleges
 Implied/explicit threat about present or future credits status
 Interference with work or creating an intimidating/hostile
environment
 Humiliating treatment, likely to affect health or safety
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13. Internal Complaints Committee
 Mandatory for establishments employing 10 or more
employees
 ICC to be appointed by an order in writing
 At least ½ of the membership of the ICC to be women
 ICC to prepare and submit an annual report to the
employer and the District Officer
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14. Internal Complaints Committee
Presiding Officer – Senior woman employee from the
workplace/other admin units/office/organizations.
2 Members – Committed tothe cause of
women/experience in social work/legal knowledge
One member froman NGO/other women’s
organization/familiar with issues relating tosexual
harassment.
ICC
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15. Local Complaints Committee
 To be set up in every district
 LCC is the grievance redressal body with respect to:
 organizations having less than 10 employees
 organizations that have not set up an ICC
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Grievance Redressal Process
IncidentofSexual
Harassment
Complaint made to
ICC/LCC
Settlement
 Not monetary;
 ICCto record
settlement and
forwardtoLCCand
parties
 No further inquiry
INQUIRY
Reasonsfordelaytoberecordedin
writing
Beyond3 months
3 months
Victim requestsfor a
settlement
No
settlement
Victim doesnot
requestfor
settlement
Beyond3
months
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Grievance Redressal Process
Inquiry
Principlesofnatural
justicetobe
followed
Inquiryreporttobe
submittedtothe
Employerand the
parties
Noactionto betaken;
Assessmentofwhether
chargesarefalse/malicious
• ICC/LCC toinquireintowhetherthe
allegationsweremadewitha
maliciousintention.
• Inabilitytosubstantiatethe complaint
orprovideadequate proofdoesn’tnot
amount to malice.
Punishmentasper
servicerules;
Monetarypenalty
payabletothe
aggrievedwoman
Appealto
court/tribunal
Allegationnot
proved
Allegationproved
[within 60days]
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Interim Reliefs
Duringthe pendencyof the enquiry,upon written request by theaggrieved student:
 Transferthe aggrieved woman or the respondent to anyother institution under
the same management or otherwise
 Grantleave to the aggrieved woman upto a period of threemonths
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Determination of Compensation
 Mental trauma,pain, suffering, emotional distress caused
 Loss in careeropportunity due to the incident
 Medical expenses incurred
 Income/financialstatus of the respondent
 Feasibility of such paymentin lumpsum or ininstallments
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20. ValueBilling
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Management’s Obligations
 Provide a safe workingenvironment
 Display at the institution, details of:
 the penal consequences of indulgingin acts of sexual harassment
 composition of the ICC
 the grievance redressal mechanismavailable to aggrieved employees
 Organizeworkshops and awareness programs for sensitizing all students andteachers
and staff of the institute
 Organizing orientation programs for members of theICC
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Management’s Obligations
 Cooperate and assist duringthe courseof the inquiry
 Treatsexual harassment as misconduct underthe service rules
 Provide assistance to the aggrieved person, should she choose to file a police
complaint;
 Initiate action underthe IPCor suchother applicable law
 Ensuretimely submission of reports to the District Officer
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22. Penalties
 Failure to constitute anICC
 Contravention of any provision underthe statute
 Fine of INR50,000or more
 Cancellation of business licenses
 All offences underthe statute arenon-cognizable
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23. The Indian Penal Code Provision
Section509 - Word, gesture or act intended to insult themodesty of a woman
Offence:

utteranceofany word,

making any sound or gesture

exhibiting any object
With an intention tointrude upon theprivacy of suchwoman
Punishment:Simple imprisonment up to3 years +fine
Nature of offence: Cognizable
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24. Amendment to the Indian Penal CodeProvision
Section 354A: Sexual harassment andpunishment forsexual harassment
Offence:
 physical contact andadvances involving unwelcome and explicit sexual overtures; or
 a demand orrequest for sexual favors; or
 showing pornographyagainst the willof awoman; or
 making sexually colored remarks
Punishment: Commission of anoffence under (I), (ii) or(iii) punishable with rigorousimprisonment fora
term of up to3 years and/or fine; commission ofoffence under (iv) punishable with imprisonment for a
term up toone year and/or fine
Natureofoffence: Cognizable
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25. Limitations based on our analysis
 No referenceto protection from‘victimization’
 Constitution of ICCfor different offices and External representation within ICC
 Timelines may beunrealistic
 Deterrencedue to outside action for false or malicious complaints
 Absence of monetary liability onthe part of the management
 No protection from otherforms of harassment
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26. Thank You
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