Sexual Harassment Act - Duties.ppt

 Duties of employers do not end with
constituting an ICC.
 Here is a list of duties that the
employers must comply under the
sexual harassment law
2

 Most organisations have created an internal complaints
committee, a very few of the organisations are aware of
the fact that they must constitute an ‘Internal Complaints
Committee’ (“ICC”) at each office or branch that employs
at least 10 employees.
 The law requires all organizations having 10 or more
employees, even if they do not have women employees to
constitute an ICC? This compliance is important because
the law allows even third parties like contractors,
customers and anyone who is visiting the premises of an
organization to file a complaint of sexual harassment that
took place with the workplace.
3

 Some organisations already have anti-sexual harassment
policy. The basic principles of anti-sexual harassment law
remain the same and there is no harm in considering the
best practices of the industry globally.
 This Act considers transportation provided by the office to
be part of the workplace and any incident of sexual
harassment that happened in the transport will be treated
in the same manner as if it happened in the office
premises. It is important that the policy is drafted in
accordance with the provisions of the new Act and clearly
incorporates such provisions as laid down under the law.
4

 The Sexual Harassment Act requires the employer to treat
any instances of sexual harassment as misconduct under
the rules of employment.
 Consequences for misconduct should be specified – apart
from deduction of wages or other measure such as
termination of employment, these could also include other
measures, such as termination of employment or transfer
to another location.
5

Do you display conspicuously at the workplace, the
penal consequences of indulging in acts that may
constitute sexual harassment and the composition
of the Internal Complaints Committee?
6

 Certain businesses are required to file an annual report
with a government body – for example, companies must
file their annual reports with the Registrar of Companies.
Similarly, public trusts and societies are also required to
file such reports with the Charity Commissioner or the
Registrar of Societies. In such cases (where annual reports
are to be filed), information about sexual harassment
must be included in the annual report.
 The ICC is required to submit reports pertaining to its
activities (which need to be submitted at the end of each
calendar year, ie, after 31st December).
7

 Sometimes the person involved in the harassment is not
under control of the employer – thus, the employer has
extremely limited ability to assist the woman through the
ICC mechanism. But, that does not absolve the liability of
the organisations, in such cases, if the woman requests, the
employer is obligated under the law to provide adequate
assistance to her in approaching the police and filing an FIR.
8

 Provision of a venue where ICC proceedings can be carried
out in a confidential manner.
 Providing necessary logistical support in terms of furniture
and stationery, access to secure communication (internet,
phone connections, postal services) access to company
policies and manuals, any basic legal literature which is
possessed by the employer, etc.
 The employer must assist the ICC in securing the attendance
of the person alleged to be the perpetrator and any
witnesses before the ICC or the Local Committee – for
example, he could arrange for transport in appropriate
cases.
9

 An employer who fails to constitute an ICC as per the Sexual
Harassment Act will be liable for a monetary penalty of up to
INR 50,000 if a complaint is made to the magistrate.
 Repeated non-compliance of this provision can result in the
punishment being doubled or even cancellation of the
license by the government or local authority to carry on
business.
10

FACTS & ISSUE RATIO DECIDENDI GIST /JUDGMENT
Whether Internal Complaints
Committee had jurisdiction to
investigate into the complaint
after filing of FIR ?
Appellant has been employed in
the respondent No. 1 School
Attendance of the appellant had
been tampered with
On complaint principal abused her
and also attempted to slap her
An FIR was registered
Inquiry by Internal Complaint
Committee was conducted without
the consent of the appellant and in
utter violation of the principles of
natural justice
Manager of the School issued a
show cause notice
State of Rajasthan Vs. B.K.
Meena (1996) 6 SCC 417 reiterating that
principles of natural justice do not require
that the employer should wait for the
decision of the Criminal Court before
taking disciplinary action against the
employee. (ii) Capt. M. Paul Anthony Vs.
Bharat Gold Mines Ltd. (1999) 3 SCC
679 That the proceeding in a criminal case
and the departmental proceeding can
proceed simultaneously.
The criminal prosecution is launched for
an offence for violation of a duty the
offender owes to the society, or for breach
of which law has provided that the offender
shall make satisfaction to the public. It was
held that the crime is an act of commission
in violation of law or of omission of public
duty.
Per contra, the departmental inquiry is
to maintain discipline in the service and
efficiency of public service.
Appellant sought to make vague
allegations about the inquiry now
underway being biased. Director of
Education has no any animosity
with the appellant. Even if the
report of the inquiry now underway
is against the appellant and the
said report is accepted by the
Disciplinary Authority of the
respondent No. 1 School, the
appellant, against that also will
have the remedy of appeal to the
Delhi School Tribunal constituted
under Section 11 of the Act supra
and which is presided over by an
equivalent of District Judge or
Judicial Officer. Allegations of bias
made are not only mis-founded but
without any merit--Appeal is
dismissed.
11

S.No. R.K. Pachauri Consequence
1. 13 Febraury 2015 – FIR filed by
Woman Research analyst of Teri
(Staffer at Green Peace India)
against R.K. PACHAURI former
chairman of the Intergovernmental
Panel on Climate Change and ex-
director of The Energy and
Resources Institute (TERI) alleging
Rape and sexual harassment,
criminal intimidation.
Recently again a third woman, who
is a foreign national when she was
19 years, sexually harassed by RK
Pachauri while she was working as
his secretary in 2008 into her job
with The Energy and Resources
Institute (TERI).
Resignations of two executives last week; and
an assistant professor of chemistry at St.
Stephen’s College who is currently fighting
criminal charges brought by a Delhi University
student.
Delhi court allowed him to enter all TERI
premises except the headquarters, where the
director general's office is located, and the
Gurgaon office, where the complainant is
posted.
The woman, who no longer lives in India, has
repeatedly informed the police through her
counsels that she is willing to give statements
as a witness in the present case against
Pachauri .
it is unclear how much her testimony would
help the present case against Pachauri. She
could certainly be a character witness for the
case if her testimony is taken up. "The case
comes up on trial on 23 April 2016.
12

S.No. Tarun Tejpal Consequence
2. 50-year-old founder of Tehelka
news magazine – Charged with
with rape in an FIR filed by the
Goa Police today on complaint of
a young journalist that Mr Tejpal
sexually assaulted her twice at an
event in Goa earlier also
November 2013 .
A letter of apology emailed by Mr.
Tejpal to the young journalist he
allegedly sexually assaulted, had
given them new evidence.
On 15 May 2015 The Supreme
Court on gave one more year time to
the Goa judge holding trial of
Tehelka`s founding editor Tarun
Tejpal for allegedly sexual assaulting
his junior woman colleague in a five
star hotel in Goa in November 2013.
13

S.No. A. K. Ganguly Consequence
3. Former Supreme Court
Justice A.K. Ganguly - In
November 2013 A Law intern
alleged that a recently
retired judge of the Supreme
Court A.K. Ganguly sexually
harassed her .
Former Chief Justice of India P
Sathasivam sets up a three-judge
fact finding committee.
Justice Ganguly deposes before the
three-judge panel; girl files
additional affidavits.
ASG Indira Jaising asks the Prime
Minister to remove Justice Ganguly.
Girl's affidavit, where she said Justice
Ganguly kisses her on her arm and
told her that he loved her, made
public. Demand for sacking him as
WBHRC chief grows louder.
January 2014 Resigns as West Bengal
Human Rights Chairman.
14

S.No. K.S. Dubey Consequence
4. KS DUBEY –
In August 2015 FIR against The
Child Welfare committee (CWC),
Bhopal, chairperson. Charges of
sexually harassing a woman,
besides harassing children
According to a letter received from collector,
there were complaints at regular interval which
came to be known through newspapers
regarding disclosing of identities of children,
harassment of children and affecting the
interest of shelter homes," stated the letter. The
other complaints include insensitive behaviour
with children and failing in preparing child care
plan.
Following the complaints, divisional
commissioner and district collector probed the
matter. In the probe letter it was found that
Dubey had misused his post and had not
performed his duties according to JJ Act. He
abused his official powers under the Juvenile
Justice (Care and Protection of Children) Act,
2000.
15

16
Reported at office premises 57
Registered other places related to work 469
Reported in Jawahar Lal Nehru University 25
Reported in other institutes:
 Banaras Hindu University, Varanasi
 Sam Higginbottom Institute of Agriculture Technology
and Sciences, Allahabad
 King George’s Medical University, Lucknow
 University of Mumbai
 Viswa Bharati, Santi Niketan, Birbhum
295

Vishaka Guidelines
versus
The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013
17

18
Vishaka Guidelines in Supreme Court
1997
The Sexual Harassment of Women at
Workplace (Prevention, Prohibition
and Redressal) Act, 2013
1. Preventive Steps - 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.
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.
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.

19
1997
2. Definition:
For this purpose, sexual harassment
includes such unwelcome sexually
determined behavior (whether
directly or by implication) as:
a) physical contact and advances;
b) a demand or request for sexual
favours;
c) sexually coloured remarks;
d) showing pornography;
e) any other unwelcome physical,
verbal or non-verbal conduct of
sexual nature.
Section 2 (n) Sexual Harassment
includes any one or more of the
following unwelcome acts or
behaviour (whether directly or by
implication) namely:--
i. physical contact and advances; or
ii. a demand or request for sexual
favours; or
iii. making sexually coloured
remarks; or
iv. showing pornography; or
v. any other unwelcome physical,
verbal or non-verbal conduct of
sexual nature:

20
1997
Any of these acts is committed in
circumstances whereunder the victim
of such conduct has a reasonable
apprehension that in relation to the
victim's employment or work in
Government, public or private
enterprise such conduct can be
humiliating and may constitute a
health and safety problem.
Section 3(2) The 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: --
i. implied or explicit promise of
preferential treatment in her
employment; or
ii. implied or explicit threat of
detrimental treatment in her
employment: or
iii. implied or explicit threat about her
present or future employment status;
or
iv. interference with her work or creating
an intimidating or offensive or hostile
work environment for her; or
v. humiliating treatment likely to affect
her health or safety

21
1997
Workplace
While the “workplace” in the Vishaka
Guidelines is confined to the
traditional office set-up where there
is a clear employer-employee
relationship
“workplace” in the Vishaka
Guidelines is confined to the
traditional office set-up where there
is a clear employer-employee
relationship while in Section 2 (o) & 2
(p) of Act "workplace" and
unorganized sector” goes much
further to include organisations,
department, office, branch unit etc.
in the public and private sector,
organized and unorganized,
hospitals, nursing homes,
educational institutions, sports
institutes, stadiums, sports complex
and any place visited by the
employee during the course of
employment including the
transportation.

22
1997
3. Complaint Mechanism:
Should ensure time bound treatment
of complaints.
Section 9 (1) Any aggrieved woman
may make, in writing, a complaint of
sexual harassment at workplace to
the Internal Committee if so
constituted, or the Local Committee,
in case it is not so constituted,
within a period of three months from
the date of incident
Section 11 (4) Internal Committee or
the Local Committee is required to
complete the inquiry within a time
period of 90 days.

23
1997
4. Complaints Committee:
The Complaints Committee should be
headed by a woman and not less than
half of its member should be women.
Further, to prevent the possibility of any
undue pressure or influence from senior
levels, such Complaints Committee
should involve a third party, either NGO
or other body who is familiar with the
issue of sexual harassment.
Section 4 (2) of Act The Internal
Committee shall consist of the following
members to be nominated by the
employer, namely:--
(a) a Presiding Officer who shall be a
woman employed at a senior level at
workplace from amongst the employees:
(b) not less than two Members from
amongst employees preferably
committed to the cause of women or who
have had experience in social work or
have legal knowledge:
(c) one member from amongst non-
governmental organisations or
associations committed to the cause of
women or a person familiar with the
issues relating to sexual harassment:
Provided that at least one-half of the
total Members so nominated shall be
women.

Sexual Harassment Act - Duties.ppt

Recommended

Recommended

More Related Content

Similar to Sexual Harassment Act - Duties.ppt

Similar to Sexual Harassment Act - Duties.ppt (20)

Recently uploaded

Recently uploaded (20)

Sexual Harassment Act - Duties.ppt