The document discusses India's Prevention of Sexual Harassment of Women at Workplace Act of 2013. It establishes the key definitions, requirements for establishing internal complaints committees, procedures for filing complaints of sexual harassment, investigation processes, potential disciplinary actions, and protections against false complaints. The law aims to protect women's fundamental rights and provide avenues for redressal of harassment complaints.
Prevention of Sexual Harassment Act 2013Neha Shrimali
Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has beenframed and put to operations on 9th December, 2013 to safeguard women at workplace.
PROBLEM STATEMENT
The most effective weapon against workplace harassment is prevention. Harassment againstwomen requires to be addressed in order to prevent it.
It is believed that effective implementation of POSH can help establish a gender neutralenvironment ensuring safety & respect of all the employees.
This program covers entire workforce in theorganization. Regardless of the gender or designation,every employee should have a clear understanding ofthe concept.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. How to deal with diversity at workplace. Conducting enquiry in compliant cases. Equitable justice. Vishaka Judgement and development thereafter.
Indian Law on Sexual Harassment of Women at Workplace - 2013Sukanya Patwardhan
This presentation gives a brief overview of the recently enacted law on the Sexual Harassment of Women at Workplace. If you want this presentation please send me a mail with your name and the purpose to receive this ppt.
Prevention of Sexual Harassment Act 2013Neha Shrimali
Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has beenframed and put to operations on 9th December, 2013 to safeguard women at workplace.
PROBLEM STATEMENT
The most effective weapon against workplace harassment is prevention. Harassment againstwomen requires to be addressed in order to prevent it.
It is believed that effective implementation of POSH can help establish a gender neutralenvironment ensuring safety & respect of all the employees.
This program covers entire workforce in theorganization. Regardless of the gender or designation,every employee should have a clear understanding ofthe concept.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. How to deal with diversity at workplace. Conducting enquiry in compliant cases. Equitable justice. Vishaka Judgement and development thereafter.
Indian Law on Sexual Harassment of Women at Workplace - 2013Sukanya Patwardhan
This presentation gives a brief overview of the recently enacted law on the Sexual Harassment of Women at Workplace. If you want this presentation please send me a mail with your name and the purpose to receive this ppt.
The Sexual Harassment of Women at Workplace Act, 2013Mayur D. Chauhan
It gives a gist of all the things that come into picture when it comes to women safety.
By - Advocate Rajendra P. Parkar
Assisted By - Mayur D. Chauhan
The problem of sexual harassment of women at workplace is an age-old problem. With the entry of more women in the work force of a country due to severe economic constraints, the problem has become more aggravated. Supreme Court of India in “Vishakha and others VS State of Rajasthan”, 1998 and the Apparel Export Promotion Council case are declared to be the law of the land and binding to all concerned until a comprehensive legislation is enacted for the purpose. The Supreme Court formulated certain guidelines for WHWP.
How to prevent workplace sex harrasment . by dr alka arup mukherjee secretary...alka mukherjee
Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011
• Duty of the Employer or other responsible persons in work places and other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.
• All employers or persons in charge of work place whether in the public or private sector should take appropriate steps to prevent sexual harassment including the following:
o Express prohibition of sexual harassment at the work place should be notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
o As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.
o
This presentation talks about the Prevention Of Sexual Harassment Act (POSHA), and tells you as an employer what are the compliance you need to make sure, in-terms of forming an ICC or LCC etc.,
Prevention of Sexual Harassment at Workplace in IndiaAdv Rajasekharan
The presentation provides an overview of "the Provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act" & its rules.
The law came into force on 9th December 2013, replacing Supreme Court's Vishaka Guidelines 1977. (Updated this presentation on 22 April 2014).
The Prevention of Sexual Harassment (PoSH) at Workplace Act of India PPTmpavi257
POSH Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (also referred to as the “POSH Act”) came into existence in 2013. It has its foundations in the Vishaka Guidelines, and establishes a mechanism for dealing with sexual harassment complaints in the workplace.The Company is also committed to promote a work environment that is conducive to the professional growth of its employees and encourages equality of opportunity.
The Company will not tolerate any form of sexual harassment and is committed to take all necessary steps to ensure that its employees are not subjected to any form of harassment.
This policy applies to all categories of employees of the Company including permanent, temporaries, trainees and employees on contract at Company Premises. This policy is also equally applicable for all employees irrespective of their position - managerial or sub- ordinates.
Sexual harassment may be one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favors, or any other verbal or physical conduct of sexual nature (irrespective of gender).
Sexual Harassment includes –
• Any unwelcome sexually determined behavior (direct or implied) such as physical contact and advances (verbal, written or physical)
• Unwelcome communications or invitations
• Demand or request for sexual favors
• Sexually cultured remarks
• Showing pornography
• Creating a hostile work environment and any other unwelcome “sexually determined behavior” (physical, verbal or non-verbal conduct) of a sexual nature.
• Anyother type ofsexually-oriented conduct, verbalabuse or ‘joking’ that is sex-oriented
• Transmitting/posting emails, texts, or pictures of a sexual nature through office or personal equipment
• Intrusive personal questions about sexual activity
Sexual Harassment Of Women At Workplace Act'2013 ; Prepared by RameshKumar,HRRamesh Kumar
Latest update including the recent amendments with detailed notes explains what, why and how to implement in workforce. Create anti- sexual harassment policy
The degree of implementation of the guidelines laid down in Vishakha’s judgment
Efficacy as well as the limitations of “The Protection of Women against Sexual Harassment at Work Place Bill ,2010” As passed by Rajya Sabha on 26th Feb 2013
Obstacles in the implementation of laws to prevent sexual harassment of women at workplace as well as attempt to discuss solution to remove these hurdles
Recognise and prevent sexual harassment at work to build safe and respectful workplaces.
Learn to identify what could constitute as harassment and how your organisation can help. How individual contributors and managers can be sensitised to the subject.
The Sexual Harassment of Women at Workplace Act, 2013Mayur D. Chauhan
It gives a gist of all the things that come into picture when it comes to women safety.
By - Advocate Rajendra P. Parkar
Assisted By - Mayur D. Chauhan
The problem of sexual harassment of women at workplace is an age-old problem. With the entry of more women in the work force of a country due to severe economic constraints, the problem has become more aggravated. Supreme Court of India in “Vishakha and others VS State of Rajasthan”, 1998 and the Apparel Export Promotion Council case are declared to be the law of the land and binding to all concerned until a comprehensive legislation is enacted for the purpose. The Supreme Court formulated certain guidelines for WHWP.
How to prevent workplace sex harrasment . by dr alka arup mukherjee secretary...alka mukherjee
Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011
• Duty of the Employer or other responsible persons in work places and other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.
• All employers or persons in charge of work place whether in the public or private sector should take appropriate steps to prevent sexual harassment including the following:
o Express prohibition of sexual harassment at the work place should be notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
o As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.
o
This presentation talks about the Prevention Of Sexual Harassment Act (POSHA), and tells you as an employer what are the compliance you need to make sure, in-terms of forming an ICC or LCC etc.,
Prevention of Sexual Harassment at Workplace in IndiaAdv Rajasekharan
The presentation provides an overview of "the Provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act" & its rules.
The law came into force on 9th December 2013, replacing Supreme Court's Vishaka Guidelines 1977. (Updated this presentation on 22 April 2014).
The Prevention of Sexual Harassment (PoSH) at Workplace Act of India PPTmpavi257
POSH Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (also referred to as the “POSH Act”) came into existence in 2013. It has its foundations in the Vishaka Guidelines, and establishes a mechanism for dealing with sexual harassment complaints in the workplace.The Company is also committed to promote a work environment that is conducive to the professional growth of its employees and encourages equality of opportunity.
The Company will not tolerate any form of sexual harassment and is committed to take all necessary steps to ensure that its employees are not subjected to any form of harassment.
This policy applies to all categories of employees of the Company including permanent, temporaries, trainees and employees on contract at Company Premises. This policy is also equally applicable for all employees irrespective of their position - managerial or sub- ordinates.
Sexual harassment may be one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favors, or any other verbal or physical conduct of sexual nature (irrespective of gender).
Sexual Harassment includes –
• Any unwelcome sexually determined behavior (direct or implied) such as physical contact and advances (verbal, written or physical)
• Unwelcome communications or invitations
• Demand or request for sexual favors
• Sexually cultured remarks
• Showing pornography
• Creating a hostile work environment and any other unwelcome “sexually determined behavior” (physical, verbal or non-verbal conduct) of a sexual nature.
• Anyother type ofsexually-oriented conduct, verbalabuse or ‘joking’ that is sex-oriented
• Transmitting/posting emails, texts, or pictures of a sexual nature through office or personal equipment
• Intrusive personal questions about sexual activity
Sexual Harassment Of Women At Workplace Act'2013 ; Prepared by RameshKumar,HRRamesh Kumar
Latest update including the recent amendments with detailed notes explains what, why and how to implement in workforce. Create anti- sexual harassment policy
The degree of implementation of the guidelines laid down in Vishakha’s judgment
Efficacy as well as the limitations of “The Protection of Women against Sexual Harassment at Work Place Bill ,2010” As passed by Rajya Sabha on 26th Feb 2013
Obstacles in the implementation of laws to prevent sexual harassment of women at workplace as well as attempt to discuss solution to remove these hurdles
Recognise and prevent sexual harassment at work to build safe and respectful workplaces.
Learn to identify what could constitute as harassment and how your organisation can help. How individual contributors and managers can be sensitised to the subject.
The problem of sexual harassment of women at workplace is an age-old problem. More women work due to severe economic constraints. Problem has become more aggravated. Guidelines passed by the Supreme Court of India in “Vishakha and others Vs State of Rajasthan”, 1998. Accordingly Women’s Complaints Committees have been or should be constituted. Yet the harassment of women at workplace remains unabated and many women are being victimized. These women are traumatized and need counseling before, on the day and after experiencing harassment. Family support is of paramount importance at such times.
Sexual Harassment at Workplace - Pilot Survey ReportAzaadi
Azaadi conducted a pilot survey to ascertain the extent and impact of sexual harassment in the workplace.
Azaadi is a feminist organization that works on prevention of sexual harassment in the workplace, along with other gender based issues.
The Sexual Harassment Act, 2013, which was passed to replace the Vishaka guidelines, imposes serious obligations on employers. Every organization where more than 10 people work is required to create sexual harassment policies, constitute complaints committees and perform numerous other compliances. Non-compliance can result in a fine of INR 50,000 or even shutting down of the business.
The End Sexual Harassment toolbox is a makes compliance extremely simple for employers and HR, and enables effective sensitization of the employees. HR can create customized policies, set up internal complaints committees and undertake capacity-building of the committee members with the help of the toolbox, and empower employees with a sensitization toolkit. Learning and progress can be monitored through a testing and certification system. It has been prepared after extensive discussions and help of several women's rights and business lawyers in India.
With the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 coming into force from December 2013, all organizations (yes all) should have a policy on sexual harassment and also have a committee to redress.
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.
Gender Statutory Protection and Social Legislation of Women and ChildrenAbdul Azeez H
This Lecture focuses on the place of women,
Need for special legislation for women and children, and the existing legislation such as The Criminal Law (Amendment) Act, 2013
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013
Protection of Women from Domestic Violence Act, 2005
Indecent Representation of Women (Prohibition) Act, 1986
Immoral Traffic (Prevention) Act, 1956
Dowry Prohibition Act, 1961
Medical Termination of Pregnancy Act, 197
Pre-Natal Diagnostic Techniques ( Prohibition of Sex –section) Act, 1994
The Special Marriage Act, 1954
The Hindu Marriage Act, 1955
Hindu Succession Act, 1956 (as amended 2005)
Employees State Insurance Act, 1948
The Plantation Labour Act, 1951
The Family Courts Act, 1954
Maternity Benefit Act, 1961 (Amended in 1995)
The Contract Labour (Regulation and Abolition) Act, 1976
The Equal Remuneration Act, 1976
The Factories Act, 1948 as amended in 1986
Commission of Sati (Prevention) Act, 1987
The presentation discusses the major laws available in India that protects women in the workplace. The laws discussed are: 1. Maternity Benefit Act, 2017
2. Factories Act, 1948
3. Sexual Harassment of Women at Workplace Act, 2013
It also enumerates the Vishaka Guidelines provided by the Supreme Court of India and the procedure for complaint of a sexual harassment case.
Dear Professional Friends
I am pleased to share my presentation on the list of new sections of the Companies Act, 2013 which has become effective 12th September, 2013.
Hope you shall find it useful for your reference.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
We all have good and bad thoughts from time to time and situation to situation. We are bombarded daily with spiraling thoughts(both negative and positive) creating all-consuming feel , making us difficult to manage with associated suffering. Good thoughts are like our Mob Signal (Positive thought) amidst noise(negative thought) in the atmosphere. Negative thoughts like noise outweigh positive thoughts. These thoughts often create unwanted confusion, trouble, stress and frustration in our mind as well as chaos in our physical world. Negative thoughts are also known as “distorted thinking”.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
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He discussed the concept of quality improvement, emphasizing its applicability to various aspects of life, including personal, project, and program improvements. He defined quality as doing the right thing at the right time in the right way to achieve the best possible results and discussed the concept of the "gap" between what we know and what we do, and how this gap represents the areas we need to improve. He explained the scientific approach to quality improvement, which involves systematic performance analysis, testing and learning, and implementing change ideas. He also highlighted the importance of client focus and a team approach to quality improvement.
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Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
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Law on Sexual Harassment Against Women-Prevention, Prohibition & Redressal
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Prevention,
Prohibition, and
Redressal of
Sexual Harassment
of Women at
Workplace in India
Act & Rules
2. Legal Framework
• The sexual harassment of women at workplace
(Prevention, Prohibition, and Redressal) Act, 2013
• The sexual harassment of women at workplace
(Prevention, Prohibition, and Redressal) Rules, 2013
• Erstwhile Vishaka Guidelines of 1997 by Supreme
Court now replaced
3. Legislative progress of the Law
Date Event
2007 Bill introduced by Women & Child Dev Minister Krishna Tirath
Jan, 2010 Union cabinet approved the bill
3rd Sep, 2012 Lok Sabha passed the bill
26th Feb, 2013 Rajya Sabha passed the bill
11th Mar, 2013 Lok Sabha again passed bill with changes
22nd Apr, 2013 The bill got President’s assent
9th Dec, 2013 Issuance of Rules
9th Dec, 2013 Act & Rules Notified, Law comes in force
Speed in implementation was a response to the public outrage over Nirbhaya case
4. Why this Law
Sexual harassment results in violation of the
fundamental rights of a woman to equality under
articles 14 and 15 of the Constitution of India and
her right to life and to live with dignity under article 21
of the Constitution and
her right to practice any profession or to carry on any
occupation, trade or business which includes a right to
a safe environment free from sexual harassment under
article 19(1)g
5. Why this Law
The protection against sexual harassment and the right
to work with dignity are universally recognised human
rights by international conventions and instruments
such as Convention on the Elimination of all Forms of
Discrimination against Women, which has been
ratified on the 25th June, 1993 by the Government of
India and
it is expedient to make provisions for giving effect to
the said Convention for protection of women against
sexual harassment at workplace.
6. Preamble
An Act to provide protection against sexual harassment
of women at workplace and for the prevention and
redressal of complaints of sexual harassment and for
matters connected therewith or incidental thereto.
The Act extends to Whole of India
7. According to PIB of GOI
• The Act will ensure that women are protected against
sexual harassment at all the work places, be it in public
or private
• This will contribute to realisation of their right to
gender equality, life and liberty and equality in
working conditions everywhere
• The sense of security at the workplace will improve
women's participation in work, resulting in their
economic empowerment and inclusive growth
8. Vishaka v State of Rajasthan (1997)
• The Act uses a definition of sexual harassment which
was laid down by the case
• Case established that actions resulting in a violation of
one's rights to ‘Gender Equality’ and ‘Life and Liberty’
is in fact a violation of the victim’s fundamental right
under Article 19 (1) g
• The case ruling establishes that sexual harassment
violates a woman's rights in the workplace and is thus
not just a matter of personal injury
10. Important Definitions
Aggrieved Woman
• At workplace, any woman
• whether employed or not
• irrespective of any age
• who alleges to have been subject to any act of sexual
harassment by the respondent*
(* A person against whom an aggrieved woman has made a complaint)
• At a dwelling place or house, a woman
• of any age
• who is employed in that dwelling place or house
11. Important Definitions
Domestic Worker
Means a woman who is employed to do the household
work in any household for a remuneration whether in
cash or kind, either directly or through any agency on a
temporary, permanent, part time or full time basis,
but does not include any member of the family of
the employer
12. Important Definitions
Employer means
• (i) in relation to any department, organisation,
undertaking, establishment, enterprise, institution,
office, branch or unit of the appropriate Government
or a local authority, the head of that department,
organisation, undertaking, establishment, enterprise,
institution, branch or unit or such other officer as the
appropriate Government or a local authority, as the
case may be, may by an order specify in this behalf.
13. Important Definitions
Employer means
• (ii) in any workplace not covered above, any person
responsible for management, supervision and control
of the workplace
“management” includes a person or board or committee
responsible for administration and formulation of
policies for such organisation
• (iii) in relation to workplace covered above, the person
discharging contractual obligations with respect to his
or her employees
14. Important Definitions
Employer means
• (iv) in relation to a dwelling place or house, a person or
a household who employs or benefits from the
employment of domestic worker, irrespective of the
number, time period or type of such worker employed,
or the nature of the employment or activities
performed by the domestic worker.
15. Important Definitions
Sexual Harassment
Includes any one or more of the following unwelcome
acts or behaviour (whether directly or by implication)
namely:-
• Physical contact or advances or
• A demand or request for sexual favours or
• Making sexually coloured remarks
• Showing pornography
• Any other unwelcome physical, verbal or non verbal
conduct of sexual nature
16. Important Definitions
Workplace includes
• Any department, organisation, undertaking,
establishment, enterprise, institution, branch or unit
which is established, owned, controlled or wholly or
substantially financed by funds provided directly or
indirectly by the appropriate Government or local
authority or a Government company or a corporation
or a co-operative society
• Any private sector organisation or a private
venture……including trust, society……
• Hospitals or nursing homes
17. Important Definitions
Workplace includes
• any sports institute, stadium, sports complex or
competition or games venue, whether residential or
not used for training, sports or other activities relating
thereto
• Any place visited by the employee arising out of or
during the course of employment including
transportation provided by the employer for
undertaking such journey
• A dwelling place or a house
18. Important Definitions
Unorganised sector in relation to a workplace means
• An enterprise owned by individuals or self employed
workers and engaged in the production or sale of
goods or providing service of any kind whatsoever and
where the enterprise employs workers, the number of
such worker is less than ten
19. Prevention of Sexual Harassment (Sec 3)
• No woman shall be subjected to sexual harassment at
any workplace
• Following circumstances, among other circumstances,
if it occurs or is present in relation to or connected
with any act or behaviour of sexual harassment may
amount to sexual harassment:-
• Implied or explicit (a) preferential treatment or (b)
threat of detrimental treatment or (c) threat about her
present or future employment status, in her
employment or
• Interference with her work or creating an intimidating
or offensive or hostile work environment for her or
• Humiliating treatment likely to affect health or safety
21. Constitution of ICC (Sec 4)
• Every employer in a workplace to constitute ICC by an
order in writing
• ICC to be constituted at each place of administrative
units or offices
• ICC to constitute following members nominated by
employer: (at least 50% should be women)
• Senior level woman employee as presiding officer
• 2 employees committed to cause of women or having
exp in social work or having legal knowledge
• 1 person from NGO or association committed to the
cause of women or familiar with sexual harassment
issues
22. Constitution of ICC (Sec 4)
• ICC members may be nominated max for 3 years.
• NGO member on ICC to be paid fees by employer as
prescribed (Rule 3)
• Any member of the ICC shall be removed if he/she
• Contravenes the provisions of Sec 16
• Has been convicted for an offence
• An enquiry into an offence under law is pending
against..
• Has been found guilty in any disciplinary proceedings or
if any disciplinary proceeding is pending against…
• Has abused the position ….prejudicial to public interest
• Casual vacany to be filled in by fresh nomination
24. • Sec 5 of the Act
• Appropriate Govt to notify a district officer for every
District
• To exercise power or discharge functions under this
Act
• District Officer (DO) shall be either District
Magistrate or Additional District Magistrate or
Collector or Deputy Collector
Notification of District Officer
25. • Every DO to constitute LCC in District
• LCC to receive complaints from establishment
where ICC is not constituted due to less than 10
workers or if complaint is against employer
• DO to designate one Nodal Officer (NO) in every
• Block, taluka and tehsil in rural area and
• Ward or municipality in urban area
• DO to receive complaints and forward to LCC
within 7 days
• Jurisdiction of LCC shall be the area in which it is
constituted
Constitution & Jurisdiction of LCC (Sec 6)
26. Constitution etc of LCC (Sec 7)
• LCC to constitute following members nominated by DO:
• Chairman to be nominated from amongst eminent women in
the filed of social work or committed to the cause of women
• 1 member from women working in block or taluka or tehsil or
ward or municipality in the district (Fees as per Rule 5)
• 2 members (atleast 1 woman) from NGO or association
committed to cause of women or familiar with SH issues
which may be prescribed (Defined in Rule 4)
• (provided 1 nominee to have legal knowledge or background
and 1 woman nominee to be from SC/ST/OBC)
• 1 ex-officio member-officer dealing with social welfare or
women & child development in district (Fees as per Rule 5)
• Max tenure of office by every member shall not exceed 3 years
27. Constitution etc of LCC (Sec 7)
• Chairman & NGO member on LCC to be paid fees as
prescribed
• Any member of the LCC shall be removed if he/she
• Contravenes the provisions of Sec 16
• Has been convicted for an offence
• An enquiry into an offence under law is pending
against..
• Has been found guilty in any disciplinary proceedings or
if any disciplinary proceeding is pending against…
• Has abused the position ….prejudicial to public interest
• Casual vacany to be filled in by fresh nomination
28. Grants & Audit (Sec 8)
• CG to provide grants to State Governments (SG) for
payment of fees to Chairman & NGO member on LCC
• SG to make agency and transfer grants to agency
• Agency to pay requisite sums to DO
• Accounts of Agency to be audited and maintained as
prescribed in consultation with Accountant General of
the State
30. Complaint of Sexual Harassment (Sec 9)
• Aggrieved woman to complain of Sexual Harassment (SH)
within 3 months of the of incident and in case of series of
incidents, within 3 months from the last such incident
• Complain to be made to ICC if constituted or else LCC
• Complain to be in writing
• Reasonable assistance to be provided by member of ICC or
LCC as the case may be to the aggrieved for lodging a
written complaint in case of any inability.
• Time limit of 3 months could be extended by ICC or LCC by
a maximum of another 3 months
• If aggrieved is incapacitated to make complain, her legal
heir can make complaint in the manner prescribed (Rule 6)
31. Conciliation (Sec 10)
• ICC or LCC before making an enquiry into a complaint
may take steps to settle the matter between the
aggrieved and respondent through non monetary
conciliation.
• In case of settlement, recorded proceedings to be sent
to DO/Employer with recommendation for necessary
action.
• Copies of settlement to be provided to both the parties
• No further enquiry shall be permissible in case of a
settlement.
32. Inquiry into Complaint (Sec 11)
• In case of a respondent who is an employee, the ICC to
carry out enquiry proceedings as per service rules
applicable to employee. If no rules exist then in a manner
prescribed. (Rule 7)
• LCC in case of a domestic worker to carry such proceedings
• Proceedings to begin by forwarding a complaint to Police
within 7 days of its registration under the applicable
provisions of the IPC.
• Also if the aggrieved informs the ICC or LCC as the case
may be of non adherence of the terms of the settlement by
the respondent, such proceedings shall be accordingly
initiated in the manner stated above
• Inquiry to be completed within 90 days
33. Inquiry into Complaint (Sec 11)
• In case both parties are employees, an opportunity of being
heard shall be given to both the parties during the course
of enquiry.
• Findings to be shared with both of them
• To enable them to represent their case against the
findings of the Committee.
• Notwithstanding anything contained in Sec 509 of IPC, the
Court may order such sum of payment as it may consider fit
by the Respondent to the Aggrieved having regard to the
provisions of Sec 15
• When trying a suit, ICC or LCC to have same powers of a
Court as in CPC 1908 in respect of summoning,
examination of a person on oath or production of
documents or any other matter as may be prescribed
35. Action during pendency of Inquiry (Sec 12)
• The aggrieved woman may make a written request
during the pendency of inquiry
• On such request, the ICC or LCC may recommend to
the employer:
• To transfer her to any other workplace
• To grant her leave of upto 3 months
• To grant her such other relief as prescribed (Rule 8)
• The leave of 3 months mentioned herein would be in
addition to the otherwise entitled leave
• The employer shall implement the recommendations
• The employer to then send a report of such
implementation to the ICC/ LCC as the case may be
36. Inquiry Report (Sec 13)
• On completion of inquiry the ICC or the LCC will have
to forward the copy of the report within 10 days of
completion to the employer/ DO (as the case may be)
and to the parties concerned
• Where on completion of inquiry the allegation against
the respondent is not proved, the recommendation by
the ICC/ LCC to the employer/ DO would be: no
action to be taken against the respondent
• If allegation proved: (i)(a) to take action for sexual
harassment as a misconduct under the service rules
(i)(b) if no service rules, then in
such manner as may be prescribed (Rule 9)
37. contd…Inquiry Report (Sec 13)
• If allegation proved: (ii) Notwithstanding anything in
the service rules, deduction from salary or wages, such
sum as may be prescribed
- To the aggrieved woman or to
her legal heir, as it may determine
• In case the employer is unable to deduct from salary or
wages due to his absence from duty or cessation of
employment
• In that case, the respondent is directed to pay
• In case respondent fails, DO to recover the dues from
the respondent, treating it as arrears of land revenue
• Recommendations to be acted upon within 60 days
of its receipt by the Employer/ DO
38. Punishment for false complaint (Sec 14)
• False or malicious compliant against the respondent
• False evidence (forged or misleading document)
If on an inquiry by the ICC/ LCC, any of the above is
established against the:
• Aggrieved woman
• Person making the compliant
• Witness(es)
It may recommend to the Employer/ DO to take
action against the woman or the person making the
compliant, as per the service rules or in the absence of
service rules, in the manner as may be prescribed.
(Rule 10)
39. contd…Punishment-false complaint (Sec 14)
Before imposing punishment under sec 14, conditions
has been laid down:
• Mere inability to substantiate a compliant
• Mere inability to provide adequate proof
Need not attract against the complainant under sec 14
Most importantly:
• Before any action is recommended under sec 14,
malicious intent have to be established on the part of
the complainant after an inquiry in accordance with
the procedure prescribed
40. contd…Punishment-false complaint (Sec 14)
Section 14(2)
• If the ICC/ LCC reaches to a conclusion that during the
inquiry, any witness has given:
- any false evidence or
- produced any forged or misleading document
It may recommend to the Employer of the witness/ DO
to take action as per the service rules of the witness’s
employment or in absence of service rules, as may be
prescribed.
41. Determination of compensation (Sec 15)
While determining the amount of compensation as
has been mentioned in section 13(3)(ii) of the Act, the
ICC/ LCC shall regard the following points:
• The mental trauma 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
• Feasibility of such payment in lump sum or in
instalments
42. Proh of publication of inquiry proc (Sec 16)
The following shall not be published, communicated
or made known to the public, press and media in any
manner:
• The contents of the complaint made u/s 9
• The identity and addresses of the aggrieved woman,
respondent and witnesses
• Any information relating to conciliation and inquiry
proceedings
• Recommendations of the ICC/ LCC and the
• Action taken by the Employer/ DO
Information may be disseminated without disclosing
the above. The provision is without prejudice to RTI
Act
43. Penalty for not following sec 16 (Sec 17)
• On contravening the provisions of section 16:
• The person entrusted with the duty to handle with the
compliant, inquiry or any recommendations or action
to be taken under the provisions of this Act
• Shall be liable to penalty
• As per the service rules applicable to the said person
• In the absence of service rules, in the manner as may
be prescribed (As per Rule 12 it is Rs 5000/-)
44. Appeal (Sec 18)
• Any person aggrieved from the recommendations
made under sections 13(2), 13(3)(i), 13(3)(ii), 14(1), 14(2)
or section 17
• Any person aggrieved from the non-implementation
of the recommendations made
• May prefer any appeal to the Court or Tribunal in
accordance with the service rules applicable to the said
person
• And if no service rules exist, in the manner as may be
prescribed (without prejudice to the provisions of any
other existing law)- Rule 11
• Important: Appeal to be made within 90 days of the
making of recommendations
46. Duties of employer (Sec 19) –See Rule 13
• Provide a safe working environment
• Display at a conspicuous place at the work place
• Penal consequences of SH
• Order constituting the ICC
• Organise regular programmes
• Awareness workshops for sensitizing the employees
• Orientation programmes for ICC members
• Provide necessary facilities to ICC or LCC as the case
may be for dealing with a complaint & conducting
inquiry
• Assist in securing the attendance of respondent and
witness before the ICC or LCC
47. Duties of employer (Sec 19)
• Make necessary information available to ICC or LCC in
regard to the complaint made
• Provide assistance to woman if she chooses to file
complaint under the IPC or any other law in force
• Cause to initiate action under the applicable law in
force against the perpetrator or if the aggrieved woman
so desires where the perpetrator is not an employee, in
the workplace in which the incident of SH took place
• Treat SH as misconduct under the service rules and
initiate action accordingly
• Monitor the timely submission of report by ICC
49. Duties & Powers of DO (Sec 20)
• District Officer to
• Monitor the timely submission of report filed by LCC
• Take such measures as may be necessary for engaging
NGOs for creation of awareness on SH and rights of
women
51. Miscellaneous (Sec 21 to 30)
• ICC or LCC as the case may be to prepare annual report
every calendar year in prescribed format (Rule 13) and
submit to the Employer and DO.
• DO to send brief report on the annual reports received
to State Government.
• The Employer to include in its report no of cases filed
and their disposal. Also to be included in the annual
report of the organisation. If no such annual report is
required to be prepared then submit to DO.
• Appropriate Government (AG) to monitor
implementation and maintain data under this Act
• AG to spread awareness, conduct workshops, training &
orientation programs subject to availability of funds.
52. Miscellaneous (Sec 21 to 30)
• AG on being satisfied in interest of public or women at workplace
may by order in writing
• Call upon employer or DO to furnish information in writing
relating to SH
• Authorise any officer to inspect and submit a report as directed.
• Every employer and DO shall produce on demand records and
information before the aforesaid inspector.
• Initial punishment to a employer who fails to comply with the
provisions of this Act is a max of Rs 50000/-
• For repeat of same offence
• Double the above punishment
• Court to take cognizance of higher punishment prescribed under
any other law
• Cancellation, non approval of business license
53. Miscellaneous (Sec 21 to 30)
• No court to take cognizance of any offence punishable
under this Act or related Rules save on a complaint
made by aggrieved Woman or any person authorized by
ICC or LCC
• No Court inferior to that of a Metropolitan Magistrate or
a Judicial Magistrate of first class shall try any offence
punishable under this Act
• Every offence under this Act to be non-cognizable
• CG to make rules for carrying out provisions of this Act
54. Miscellaneous (Sec 21 to 30)
• CG to make rules on following matters:
Fees or allowance to be paid to members under 4(4)-Rule 3
Nomination of members under 7(1)(c)-Rule 4
Fees or allowance to be paid to Chairperson, Members under
7(4)-Rule 5
The person who may make complain under 9(2)-Rule 6
The manner and power of inquiry under 11-Rule 7
Relief to be recommended under 12(1)(c)-Rule 8
Manner of action to be taken under 13, 14 & 17-Rule 9 & 10
Manner of appeal under 18-Rule 11
Manner of organising programmes under 19-Rule 12
Form and time of preparation of annual reports by ICC and
LCC under 21-Rule 13
55. Miscellaneous (Sec 21 to 30)
• Rules made by CG to be passed by both the houses of
Parliament
• Rules made by SG to be approved by each house of the
State Legislature
• CG has powers to remove difficulties in giving effect to
the provisions of this Act by an appropriate order.
• Every such order made by CG if any to be laid before
both the houses of the Parliament
56.
57. Fees or Allowance of ICC Member (Rule 3)
• Member appointed from NGO entitled to an allowance
• of Rs 200/- per day for holding ICC Proceedings
• and reimbursement of travel cost
• Train AC Three Tier
• AC Bus
• Auto-rickshaw
• Actual whichever is less
• Employer to pay above allowances
58. Person familiar with SH Issues (Rule 4)
• Person having expertise pertaining to SH issues and
includes the following
• Social worker with 5 yrs experience in the field of social
work which leads to creation of societal conditions
favorable towards empowerment of women and in
particular addressing the workplace SH
• A person who is familiar with labor, service, civil or
criminal law
59. Fees or Allowance of LCC Member (Rule 5)
• Chairperson entitled to an allowance of Rs 250/- per day for
holding LCC Proceedings.
• 1 member from women working in block or taluka or tehsil
or ward or municipality in the district and the ex-offico
member is entitled to an allowance of Rs 2o0/- per day for
holding LCC Proceedings
• and reimbursement of travel cost
• Train AC Three Tier
• AC Bus
• Autorickshaw
• Actual whichever is less
• DO shall be responsible for payment of allowances
60. SH Complaints (Rule 6)
• Who can make complaints if aggrieved woman is unable to
make one due to physical incapacity?
• Relative
• Friend
• Co-worker
• Officer of National Commission for the Women
• State Women’s Commission
• A person who has knowledge of the incident with written
consent of the woman
• Who can make complaints if aggrieved woman is unable to
make one due to mental incapacity?
• Relative
• Friend
61. SH Complaints (Rule 6)
• Special Educator (means a person trained in communication
with people with special needs in a way that addresses their
individual differences and needs)
• Qualified Psychologist or Psychiatrist
• A guardian or authority under whose care she is receiving
treatment or care
• A person who has knowledge of the incident jointly with any
of the abovementioned persons
• Who can make complaints if aggrieved woman is unable to
make one due to any other reason?--A person who has
knowledge of the incident with her written consent
• Who can make complaints if aggrieved woman is unable to
make one due to any other reason?--A person who has
knowledge of the incident with written consent of her legal heir
62. Manner of Enquiry into Complaints (Rule 7)
• Complainant to submit 6 copies of complaints along with
supporting documents and names and addresses of
witnesses to CC
• CC to send 1 copy to the respondent within 7 working days
• Respondent to file reply within 10 working days
• CC to make enquiry in accordance with principle of natural
justice
63. Manner of Enquiry into Complaints (Rule 7)
• No legal practitioner allowed to be brought in by any of the
parties
• Minimum of 3 members of the CC including the Presiding
Officer or the Chairperson as the case may be shall be
present in inquiry conduction.
• CC has to right to terminate inquiry proceedings or give an ex-
parte order if the respondent refrains from attending three
consecutive hearing proceedings without proper reason after
giving 15 days written notice
64. Relief to Complainant (Rule 8)
• Reliefs to complainant as follows may be provided during
pendency of the inquiry
• CC may at the written request of the aggrieved woman may
recommend the employer to
• Restrain the respondent from reporting on the work
performance of aggrieved woman or writing her
confidential report and assign the same to another officer;
• Restrain the respondent in case of an educational
institution from supervising any academic activity of the
aggrieved woman
65. Manner of Taking Action for SH (Rule 9)
• If Service Rules exist…the same needs to be followed
• Else if CC concludes that allegation against respondent is
proved, it shall recommend to the employer or DO as the
case may be to take any action including a
• written apology
• Warning, reprimand or censure
• Withholding of promotion, pay rise or increments
• Termination from service
• Undergoing a counselling session
• Carrying out community service
66. Action for false or malicious complaint(Rule 10)
• If Service Rules exist…the same needs to be followed
• Else if CC concludes that allegation against respondent is
malicious or false or based on misleading document it shall
recommend to the employer or DO as the case may be to
take any action including a
• written apology
• Warning, reprimand or censure
• Withholding of promotion, pay rise or increments
• Termination from service
• Undergoing a counselling session
• Carrying out community service
67. Where will the Appeal Lie (Rule 11)
• Appeal u/s 18
• Appellate authority notified under Sec 2(a) of the
Industrial Employment (Standing Order)Act, 1946 (20 of
1946)
68. Manner to Organise Workshop(Rule 13)
• Every employer (subject to Sec 19) shall
• Formulate and widely disseminate SH policy
• Promoter gender sensitive safe spaces
• Remove factors contributing to hostile work environment against
women
• Carry out orientation programs and seminars for members of ICC
• Carry out awareness programs
• Create forum for dialogues involving panchayati raj institution,
gram sabha, women’s groups, mothers’ committee, adolescent
groups, urban local bodies or any other bodies considered necessary
• conduct capacity building and skill building programs for members
of ICC
• Declare contact details of all members of ICC
• Use modules developed by state government to sensitize the
provisions of SH amongst employees, to create awareness & conduct
workshops
69. Preparation of Annual Report (Rule 14)
• Annual Report of CC under Sec 21 shall contain
• No of complaints on SH received in a year
• No of complaints disposed off in a year
• No of cases pending form more than 90 days
• No of workshop or awareness programs against SH
carried out
• Nature of action taken by Employer or DO