Sexual Harassment at Workplace
(Prevention, Prohibition and
Redressal) Act 2013
-by Alankrita Singh, I.P.S.
Deputy Director, LBSNAA
www.alankritasingh.com
Participation of women
in the workforce
The global scenario
The Indian scenario
What percent of women
are part of the workforce
Russia 49%
China 44%
Japan 42%
Europe 52%
India 25%
Turkey 30%
Australia 45%
South Africa 44%
Bangladesh 43%
Source: World Bank Survey
Why at all do we need women to
work?
FEMALE PARTICIPATION IN
WORKFORCE IS A RISING GRAPH
Education n Awareness
Technology
Globalization
Media
Judicial Activism
Hence the need to make workplaces
and public spaces safer for women
…
After the landmark Vishakha and others vs the State
of Rajasthan case, all organisations in India have to
follow the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal
Act) 2013
While the Law puts all the responsibility of
prevention, prohibition and redressal of SH@WP on
the employer of the concerned organisation, it
envisages a crucial role of the
“District Officer” in supervision and monitoring
SH@WP is of two types
The complainant’s perception about the
act of Sexual Harassment is important
https://www.youtube.com/watch?v=fvMrGtrCG9s
What is a workplace?
Who can complain ?
Who is an employer ?
The District Officer
The Internal Complaints Committee
The Local Complaints Committee
Incident of Sexual Harassment
Conciliation
on the request of
the complainant
Inquiry by ICC/LCC
on a written
complaint
Report of Inquiry
Interim relief like
leave/transfer
Action for
Misconduct
including
Compensation
No Action Action for
misconduct
against
complainant
Allegation
proved
Complaint
false/frivolousAllegation
not proved
Appeal
The dead lines
A Fair Enquiry
SH@WP IS AN OFFENCE…..
• IPC (sections 209-obscene acts and songs, 326-
acid attack, 354-outraging of modesty, 376-rape,
509-lewd gestures and words )
• The Criminal Law Amendment Act 2013
• Protection Of Children from Sexual Offences Act
2012
• Juvenile Justice Act 2006
• Information Technology Act 2000
Under the Criminal Law Amendment 2013
and IT Act 2004 all of these activities are
“CRIME”
• STALKING
• STARING
• VOUYERISM
• UNDESIRABLE TOUCHING
• DISPLAYING PRIVATE PARTS
• VULGAR SMS OR CALLS
• VULGAR SOCIAL MEDIA POSTS
• SHARING PORNOGRAPHY ON SOCIAL MEDIA
https://www.youtube.com/watch?v=HzRXEtl1f2I
The Social/personal/time/financial
cost of raising one’s voice?
The famous case of Mrs Rupan Deol Bajaj vs
M S Gill
Thanks
alankrita.singh@nic.in
www.alankritasingh.com
Sexual Harassment

Sexual Harassment

  • 1.
    Sexual Harassment atWorkplace (Prevention, Prohibition and Redressal) Act 2013 -by Alankrita Singh, I.P.S. Deputy Director, LBSNAA www.alankritasingh.com
  • 2.
    Participation of women inthe workforce The global scenario The Indian scenario
  • 3.
    What percent ofwomen are part of the workforce Russia 49% China 44% Japan 42% Europe 52% India 25% Turkey 30% Australia 45% South Africa 44% Bangladesh 43% Source: World Bank Survey
  • 4.
    Why at alldo we need women to work?
  • 5.
    FEMALE PARTICIPATION IN WORKFORCEIS A RISING GRAPH Education n Awareness Technology Globalization Media Judicial Activism Hence the need to make workplaces and public spaces safer for women …
  • 6.
    After the landmarkVishakha and others vs the State of Rajasthan case, all organisations in India have to follow the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act) 2013 While the Law puts all the responsibility of prevention, prohibition and redressal of SH@WP on the employer of the concerned organisation, it envisages a crucial role of the “District Officer” in supervision and monitoring
  • 7.
    SH@WP is oftwo types
  • 8.
    The complainant’s perceptionabout the act of Sexual Harassment is important https://www.youtube.com/watch?v=fvMrGtrCG9s
  • 9.
    What is aworkplace?
  • 10.
  • 11.
    Who is anemployer ?
  • 12.
  • 13.
  • 14.
  • 16.
    Incident of SexualHarassment Conciliation on the request of the complainant Inquiry by ICC/LCC on a written complaint Report of Inquiry Interim relief like leave/transfer Action for Misconduct including Compensation No Action Action for misconduct against complainant Allegation proved Complaint false/frivolousAllegation not proved Appeal
  • 17.
  • 18.
  • 19.
    SH@WP IS ANOFFENCE….. • IPC (sections 209-obscene acts and songs, 326- acid attack, 354-outraging of modesty, 376-rape, 509-lewd gestures and words ) • The Criminal Law Amendment Act 2013 • Protection Of Children from Sexual Offences Act 2012 • Juvenile Justice Act 2006 • Information Technology Act 2000
  • 20.
    Under the CriminalLaw Amendment 2013 and IT Act 2004 all of these activities are “CRIME” • STALKING • STARING • VOUYERISM • UNDESIRABLE TOUCHING • DISPLAYING PRIVATE PARTS • VULGAR SMS OR CALLS • VULGAR SOCIAL MEDIA POSTS • SHARING PORNOGRAPHY ON SOCIAL MEDIA https://www.youtube.com/watch?v=HzRXEtl1f2I
  • 21.
    The Social/personal/time/financial cost ofraising one’s voice? The famous case of Mrs Rupan Deol Bajaj vs M S Gill
  • 22.