The Indian Government has passed the first ever bill that protects women all over India from sexual harassment at their workplace. This slideshare explains the salient features of the Protection of Women from Sexual Harassment at Workplace Act, including - responsibilities of the employer, channels for redressal, compensation, etc.
Protection of Women from Sexual Harassment at Workplace Act
1. Protection of Women from
Sexual Harassment at
Workplace Act
Promoting safe workplaces for Indian women.
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2. • The Protection of Women from Sexual
Harassment at Workplace Act seeks to
protect women employees from
unwelcome sexually determined
behaviour (whether directly or by
implication).
• This bill covers women employees in the
government as well as private sector.
• This bill holds validity all over India.
What is the Act?
3. • Implied or overt promise of preferential
treatment in her employment.
• Implied or overt threat of detrimental
treatment in her employment.
• Implied or overt threat about her present
or future employment status.
• Conduct of any person which interferes
with her work or creates an intimidating
or offensive or hostile work environment
for her.
• Humiliating conduct constituting health
and safety problems for her.
What Does the Act Outlaw?
No woman shall be subjected to sexual harassment at any workplace which may
include, but is not limited to -
4. How Does the Bill Define Sexual Harassment?
• Physical contact and advances.
• A demand or request for sexual favours.
• Sexually coloured remarks.
• Showing pornography.
• Any other unwelcome physical, verbal or
non-verbal conduct of sexual nature.
5. What are the Channels for Redressal?
• Every employer who heads an
organisation with more than 10
employees is required to set up an
Internal Complaints Committee, headed
by a woman.
• For employers with less than 10
employees and other organisations that
do not fall under the above classification,
a Local Complaints Committee will be set
up in each city ward and rural area.
• Any complaint which is submitted to the
committee in writing must finish inquiry
within 90 days.
6. What is the Complainant Entitled to? (I)
During the period of inquiry into a written
complaint, the complainant’s employer
may be required to:
• Transfer the aggrieved woman or the
respondent to any other workplace, or
• Grant such other relief to the aggrieved
woman as may be prescribed.
The leave granted to the aggrieved
woman under this section shall be in
addition to the leave she would be entitled
to otherwise if the case is proved.
7. If the charge of sexual harassment is
proved by the investigating committee,
then the employer or District Officer must,
upon their recommendation:
• Take action against the respondent
(person being complained against) and
penalise them appropriately as per the
organisation’s service rules.
• Deduct a sum of compensation from the
salary of the respondent. This is to be paid
to the aggrieved woman or her legal heirs.
What is the Complainant Entitled to? (II)
The employer or the District Officer must act upon the investigating committee’s
recommendation within sixty days of receiving it.
8. The compensation paid to the aggrieved
woman is determined on the basis of:
• 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 and feasibility of such
payment in lump sum or instalments.
How is the Compensation Decided?
9. Every employer must -
• Provide a safe working environment
• Display the order constituting the Internal
Committee in a prominent place.
• Regularly undertake workshops to
sensitise the employees regarding the
provisions of this Act.
• Provide necessary facilities to the
Internal Committee or the Local
Committee, for dealing with the complaint
and conducting inquiry.
What are the Duties of the Employer? (I)
10. Every employer must also:
• Assist in securing the attendance of
respondent and witnesses before the
investigating committee.
• Make relevant information about the
complaint available to the committee.
• Provide assistance to the woman if she
chooses to file a complaint under the
Indian Penal Code or any other law for the
time being in force.
• Take action against the perpetrator after
conclusion of the inquiry.
What are the Duties of the Employer? (II)
11. • If the investigating committee concludes
that the complaint is false, it may
recommend to the employer or the District
Officer to take action against the woman
or the person who has made the
complaint.
• A mere inability to substantiate a
complaint or provide adequate proof need
not be treated as a false complaint.
• The malicious intent or falsehood on part
of the complainant must be established
after a proper inquiry before any action is
recommended.
What if the Complaint is False?
12. Thank You
Promoting safe workplaces for Indian women.
This legislation seeks to provide for a safe and enabling environment to
every woman, irrespective of her age or employment status (other than
domestic worker working at home), free from all forms of sexual
harassment by putting the onus of her safety on her employer and the
proper legal authorities.
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