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SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

The document discusses sexual harassment of women in India, including key events and legislation around this issue. It provides background on cases like Bhanwari Devi's rape, which led to the landmark Vishaka guidelines from the Supreme Court in 1997 laying out procedures for addressing sexual harassment complaints. This was later built upon by the Sexual Harassment of Women at Workplace Act passed in 2013, which mandates internal complaint committees, defines sexual harassment, and outlines complaint and investigation processes. It aims to protect women's constitutional rights to equality, dignity, and profession by prohibiting sexual harassment, and establishing mechanisms for redressal and prevention across workplaces and dwellings.

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SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
Across the globe today, workplace sexual harassment is increasingly understood as a violation of women’s rights and a form of violence against women.
• India’s innovative history in tackling workplace sexual harassment began with VISHAKA GUIDELINES and subsequently legislation has given critical visibility to the issue. • The Sexual Harassment Of Women at Workplace (Prevention, Prohibition And Redressal) Act, 2013 was enacted to ensure safe working space for women and to build working environment that respect women rights to equality of status and opportunity SEXUAL HARASSMENT IN INDIA
VISHAKHA AND OTHERS V STATE OF RAJASTHAN No formal guidelines on how an employer should deal with cases of sexual harassment of women at workplace The Supreme Court passed a landmark judgment in VISHAKA CASE laying down guidelines to be followed by establishments in dealing with complaints about sexual harassment Lok Sabha on 3rd September, 2012 passed SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) Bill, which was later passed by Rajya Sabha on 26th February, 2013, the Bill got assent of President on 23rd April, 2013 and finally Act came into force on 9th December, 2013 BEFORE IN AFTER
BHANWARI DEVI TRIED BUT GOT RAPED During the 1990s, Rajasthan state government employee Bhanwari Devi who tried to prevent child marriage as part of her duties as a worker of the Women Development Programme was raped by the landlords of the community. The rape survivor did not get justice from Rajasthan High Court and the rapists were allowed to go free This enraged a women's rights group called VISHAKA that filed a Public Interest Litigation in the Supreme Court of India
SUPREME COURT PASSED A LANDMARK JUDGMENT 1. General Definition of Sexual Harassment was given 2. Duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment 3. l employers or persons in charge of work place whether in public or private sector should take appropriate steps to prevent sexual harassment 4. Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority 5. Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules 6. an appropriate complaint mechanism should be created in the employer's organisation for redress of the complaint made by the victim i.e. constitute Complaints Committee, provide a special counsellor or other support service and maintain of confidentiality. 7. Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guideline. Etc.…… Following guidelines were laid downs
SEXUAL HARASSMENT RESULT IN VIOLATION OF VARIOUS CONSTITUTIONAL RIGHTS OF WOMEN Right to EQUALITY under Article 14 & 15 of Constitution of India Right to LIVE AND TO LOVE WITH DIGNITY under Article 21 of Constitution of India Right to PRACTICE ANY PROFESSION OR TO CARRY ANY OCCUPATION, TRADE OR BUSINESS under Article 19(1)(g) of Constitution of India
SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 PROHIBITION REDRESSAL PREVENTION NO MALE PROTECTION ?
WHAT IS SEXUAL HARASSMENT? 1. PHYSICAL CONTACT AND ADVANCES
2. A DEMAND OR REQUEST FOR SEXUAL FAVOURS
3. SHOWING PORNOGRAPHY
4. MAKING SEXUALLY COLOURED REMARKS 5. ANY OTHER UNWELCOME PHYSICAL, VERBAL OR NON-VERBAL CONDUCT OF SEXUAL NATURE
WHO IS AGGRIEVED WOMEN? AGGRIEVED WOMEN In relation to workplace In relation to dwelling place or house • Women of any Age • Whether employed or not (permanent, temporary, adhoc or daily wager) • Women of any Age • Employed at such dwelling place or house Who alleges to any act of sexual harassment by the respondent
WHO IS EMPLOYEE? E M P L O Y E E Person employed on regular, adhoc, or daily wages basis or daily wage basis Either Directly or through agent With or without the knowledge of principal employer With or without remuneration Voluntary or otherwise On express or implied terms of employment include co-worker, a contract worker, probationer, trainee, apprentice…
WHO IS DOMESTIC WORKER? D O M E S T I C W O R K E R Women who is Employed to do house hold work Remuneration in cash or kind Employed directly or through any agency Whether temporary, permanent, part time or full time But does not include any family member of employer
WHO IS EMPLOYER? In Case of Government or a Local Authority Private Workplace Dwelling Place or House • Head of department/ Organisation, unit….. • Person discharging contractual obligation with respect to his/her employees • Person responsible for management, supervision and control…. • Person discharging contractual obligation with respect to his/her employees Person who employees or benefits from the employment
WHAT IS WORKPLACE? Prevention of Workplace Sexual Harassment Act has introduced the concept of an ‘extended workplace’. As per the statute, ‘workplace’ includes any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for the purpose of commuting to and from the place of employment GOVERNMENT ORGANISATIONS COMPANIES NGOs NURSING HOMES CORPORATIONS FARMS HOSPITALS SPORTS INSTITUTES COOPERATIVE SOCITIES EDUCATIONAL INSTITUTES SERVICE PROVIDERS HOUSE
WHAT CIRCUMSTANCES AMOUNT TO SEXUAL HARASSMENT? Implied/explicit promise of preferential treatment in employment Implied/explicit threat of detrimental treatment in employment Implied/explicit threat about present or future employment status Interference with work or creating an intimidating/hostile environment Humiliating treatment, likely to affect health or safety
INTERNAL COMPLAINT COMMITTEE (ICC) 1.Mandatory for establishment with 10 or more employees 2.Constitute a committee by order in writing (duty of employer) 3. To be established at each offices or administrative units or workplaces located at different places
MEMBERS OF ICC a. Presiding Officer Senior women employee employed at offices or administrative units or workplace b. Members Minimum 2(from employees) Committed to the cause of women or with experience in social work or have legal knowledge c. Outside member Minimum 1 from NGO or association committed to cause of women or person familiar with cases of sexual harassment 50% OF THE TOTAL MEMBERS TO BE WOMEN Duration of Membership : Maximum 3 years Outside member so appointed to be paid such fee or allowance of Rs. 200 per day for holding proceedings and also reimbursement of travel cost
PERSONS FAMILIER WITH CASES OF SEXUAL HARASMENT Means person who have expertise on issues relating to sexual harassment and include 1.Person familiar with labour, service, civil or criminal laws 2.Social worker with 5 year experience in this field
LOCAL COMPLAINT COMMITTEE (LCC) 1.To be constituted by district officer in every district 2.Receive complaint of sexual harassment a. from establishment with less than 10 employees and no ICC b. complaint is against employer himself 3. Designated officers Nodal officer in Block Receive complaint and forward to LCC Within 7 days of receipt Taluka and Tchsil in rural or tribal area and Ward or Municipality in the urban area
MEMBERS OF LCC a. Chairperson (allowance of Rs. 250 per day for holding proceeding) To be eminent women in the field of social work and committed to the cause of women b. 1 Members women working in block, taluka or tchsil or ward or municipality in the district c. 2 members (allowance of Rs. 200 per day for holding proceedings and also reimbursement of travel cost) Atleast 1 women nominated from amongst such non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment (atleast 1 nominee should preferably have background in law ) (at least one of the nominees shall be a woman belonging to the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes or minority community notified by the Central Government) Duration of Membership : Maximum 3 years
REMOVAL OF MEMBERS FROM COMMITTEE has been convicted for an offence or an inquiry into an offeree under any law for the time being in force is pending against him: or has so abused his position as to render his continuance in office prejudicial to the public interest, or he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him or contravenes the provisions of section16 of this act
TIMELINE TO SETOFF THE COMPLAINT SUBMISSION OF COMPLAINT (IN WRITING) WITHIN 3 MONTHS OF LAST INCIDENT NOTICE TO RESPONDENT WITHIN 7 DAYS OF RECEIVING COMPLAINT COMPLETION OF INQUIRY WITHIN 90 DAYS SUBMISSION OF REPORT BY ICC/LCC TO EMPLOYER/DISTRICT OFFICER WITHIN 10 DAYS OF COMPLETION OF INQUIRY IMPLEMENTATION OF RECOMMENDATIONS WITHIN 60 DAYS APPEAL WITHIN 90 DAYS OF RECOMMENDATIONS
HOW CONFIDENTIAL THE COMPLAINT IS? Contents of the complaint made under this act and other details shall not be published, communicated or made known to the public, press and media in any manner and it will supersede the Right to Information Act 2005 CONSEQUENCES Every person entitled with a duty to handle or deal with the complaint, inquiry or any recommendations or action, if make content of complaint public, then employer shall recover a sum of Rs. 5000/- as a penalty from such person. PROHIBITION
IS CONCILIATION PERMITTED? ON REQUEST OF AGGRIVED WOMEN ICC OR LCC (ANYTIME BEFORE INITIATING INVESTIGATION) REFER MATTER FOR CONCILIATION MONETARY SETTLEMENT NOT ALLOWED ICC OR LCC-RECORD THE SETTLEMENT ARRIVED AT CONCILIATION SEND IT TO EMPLOYER OR DISTRICT OFFICERTO TAKE ACTION AS SPECIFIED COPY OF SETTLEMENT SHALL BE GIVEN TO AGGRIVED WOMEN AND RESPONDENT
PUNISHMENT FOR FALSE COMPLAINT AND FALSE EVIDENCE WHERE LCC OR ICC IS OF THE VIEW THAT allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document it recommends to Employer or District Officer to take action in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, then actions such as written apology, warning, reprimand or censure, withholding of promotion, withholding of pay rise or increments, terminating respondent from service or undergoing a counselling session or carrying out community service.
DUTIES OF EMPLOYER DUTIES OF EMPLOYER 1.organise workshops and awareness programmes at regular intervals 1.provide safe working environment at the workplace 1.display at any conspicuous place in the workplace •penal consequences of sexual harassments •detail of constitution of ICC 1.provide necessary facilities to the Internal Committee or the Local Committee 1.provide assistance to aggrieved women to file a complaint for offence under the Indian Penal Code or any other law 1.provide necessary information to ICC and LCC as and when required 1.assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee 1.treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct 1.monitor the timely submission of report y the Internal Committee 1.cause to initiate action, under the Indian Penal Code or any other law for the time being in force
Fine which may extend to Rs. 50,000/- If employer is conceited for any offence under this act, gets convicted again for the same offence them: • Twice of punishment to that of previous one • Cancellation of business registration All the offence under this act are non cognizable
SEXUAL HARASSMENT OF WOMEN AT WORKPLACE