Indian Law on Sexual Harassment of Women at Workplace - 2013


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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.

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Indian Law on Sexual Harassment of Women at Workplace - 2013

  1. 1. THE LATEST INDIAN LAW ON THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE Sukanya Patwardhan 23rd July 2013 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 1
  2. 2.  This presentation is about the latest Indian Law on The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 2
  3. 3. PURPOSE OF THIS ACT To provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for the matters connected therewith of thereto. 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 3
  4. 4. MAJOR CONTENTS OF THIS LAW  Foundation of the Law  Definitions  Constitution of Internal Complaints Committee  Constitution of Local Complaints Committee  Complaint  Inquiry into Complaint  Duties of Employer  Duties and Powers of District Officer  Other Requirements 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 4
  5. 5. WHAT IS ?  Prevention To keep from happening To stop or hinder something from happening, especially by advance planning or action  Prohibit To forbid by authority, A law, order, or decree that forbids something  Redressal To set right; remedy or rectify. 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 5
  6. 6. FOUNDATION OF THIS ACT  Constitution of India  Human Rights by International Conventions and Instruments – Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)– which has been ratified on 25th June 1993 by the Government of India.  Article 11 of the CEDAW clarifies that equality to employment can be seriously impaired when women are subjected to gender specific violence, such a sexual harassment at work . 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 6
  7. 7. REASONS FOR THIS ACT  Sexual Harassment at a workplace is considered violation of women’s right to equality, life and liberty. It creates an insecure and hostile work environment, which discourages women’s participation in work, thereby adversely affecting their social and economic empowerment and the goal of inclusive growth.  With more and more women joining the workforce, both is organised and unorganised sectors, ensuring an enabling working environment for women through legislation is felt imperative by the Government. 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 7
  8. 8. RIGHTS BY THE CONSTITUTION OF INDIA  Article 14 & 15 Embodies the concept of equality and prohibits discrimination on the grounds of religion,race, caste, sex or place of birth or any of them.  Article 19 Gives fundamental right to all citizens to practice any profession, or to carry out any occupation,trade or business. This right presupposes the availability of an enabling environment for women, which equitous, safe and secure in every aspect.  Article 21 Right to life and personal liberty, includes the right to live with dignity and in case of women it means that they must be treated with due respect, decency and dignity at workplace. 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 8
  9. 9. THE ACT EXTENDS TO WHOLE OF INDIA DEFINITIONS Employee:  A person employed at the workplace for any work on regular, temporary, ad-hoc, daily wage basis, either directly or through an agent, including a contractor, with or without the knowledge of the principal employer, whether or not for remuneration or working on the voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name. 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 9
  10. 10. EMPLOYER  In relation to any department , organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate Government or a local authority in the above  If not specified, any person responsible for management, supervision or control of the workplace. 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 10
  11. 11. SEXUAL HARASSMENT DEFINED Includes any one or more of the following unwelcome acts or bahaviour (whether directly or by implication) viz:  Physical Contact or advances  A demand or request for sexual favors  Making sexually colored remarks  Showing pornography  Any unwelcome physical, verbal or non-verbal conduct of sexual nature. 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 11
  12. 12. PREVENTION OF SEXUAL HARASSMENT DEFINITION  No woman shall be subjected to sexual harassment at workplace  The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behviour of sexual harassment may amount to sexual harassment  Implied or explicit promise of preferential treatment in her employment  Implied or explicit threat or detrimental treatment in her employment  Implied or explicit threat about her present or future employment status  Interference with her work or creating an intimidating or offensive or hostile work environment for her  Humiliating treatment likely to affect her health or safety. 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 12
  13. 13. CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE Every Employer of a workplace shall by order in writing constitute a committee to be known as “Internal Complaints Committee” Members of the Committee 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/ experience in social work/ have legal knowledge C. One member from the NGO/ associations committed to the cause of women/ person familiar with the issues relating to sexual harassment The Committee members to hold office for three years and External member will be paid fees 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 13
  14. 14. COMPLAINT OF SEXUAL HARASSMENT  A written Complaint to the Internal committee by the complainant, within a period of three months from the date of the incident and in case of series if incidents, within a period of three months from the date of last incident.  The Internal committee can extend the period with reasons in writing exceeding not more than 3 months  Legal heir or such other person can make a complaint on account of her physical or mental incapacity or death. 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 14
  15. 15. PROVISIONS FOR COMPLAINT REDRESSAL Written report is necessary in each option Conciliation – at the request of the aggrieved woman before initiating an inquiry to settle the matter  No monetary settlement shall be made as a basis for conciliation and no inquiry will be conducted Inquiry into Complaint The internal committee has same powers as are vested in a civil court, such as 1. Summoning and enforcing attendance of any person and examining him on oath 2. Requiring the discovery and production of documents 3. Any other matter which may be prescribed Inquiry to be completed within 90 days 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 15
  16. 16. PROVISIONS FOR COMPLAINT REDRESSAL Inquiry Report and Recommendations  To be provided to the employer by the Internal Committee, within 10 days of completion of inquiry and to be made available to the concerned parties.  If the committee reaches a conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer that no action is required against the respondent.  If the committee reaches a conclusion that the allegation against the respondent has been proved, it shall recommend to the employer  To take action as a misconduct in accordance with the provisions of service rules applicable to the respondent, where no such service rules have been made, in such a manner as may be prescribed  To deduct an amount appropriate from the salary or wages (Ref page no. 13 of the bare Act) o The Employer shall act upon the recommendations within 60 days. 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 16
  17. 17. FALSE ACCUSATION  Punishment for False or Malicious Complaint and False Evidence Mere inability to substantiate a complaint or provide adequate proof need not attract action against a complaint.  If the internal committee comes to a conclusion that it was a false and /or malicious accusation and /or the witness has given false evidence or produced any forged or misleading document, it may recommend the employer of the complainant and/or the witness to take action in accordance with the provisions of the service rules or where no such service rules exist, in such manner as may be prescribed. 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 17
  18. 18. DETERMINATION OF COMPENSATION  For the purpose of determining the sums to be paid to the aggrieved woman the internal committee shall have regard to  The mental trauma, pain,suffering and emotional distress caused to her  The loss in 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 payment in lump sum or in instalments. 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 18
  19. 19. PROHIBITION OF PUBLICATION OR MAKING KNOWN THE CONTENTS OF COMPLAINT AND INQUIRY PROCEEDINGS  Notwithstanding anything contained in the Right to information Act, 2005, following can not be communicated or made known to public, press or media  Identity and address of the aggrieved woman, respondent or witnesses  Any information relating to conciliation and inquiry proceedings, recommendations of the internal committee  Action taken by the employer There is a penalty for the person entrusted with the duty to handle or deal with the complaint, inquiry, recommendations or actions for the publication or making known the contents of complaint and inquiry proceedings. 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 19
  20. 20. DUTIES OF THE EMPLOYER  Provide Safe Working Environment  Display at conspicuous places the penal consequences of sexual harassment, the order constituting , the internal committee  Organize workshops and awareness programs at regular intervals for sensitising employees with the provisions of the act and orientation program for the internal committee  Provide facilities for the internal committee for dealing with the complaint and conducting enquiry  Assist in securing the attendance of respondent and witnesses before the internal committee  Provide assistance to a woman if she chooses to file a complaint in relation to the Indian Penal Code or any other law for the time being in force.  Cause to initiate action under the Indian Penal Code or any other law in force for the time being, if the woman so desires, where the perpetrator is not an employee in the workplace where the incident of sexual harassment took place.  Treat Sexual harassment as a misconduct under the service rules and initiate action for such misconduct.  Monitor timely submission of reports by internal committee 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 20
  21. 21. MISCELLANEOUS  Internal committee to submit annual report and submit to the employer  Employer should include in its report the information on the number of cases filed and their disposal under the proposed legislation 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 21
  22. 22. GOVERNMENT AUTHORITIES Appropriate Govt should  monitor implementation and maintain data  Take measures to publicise the Act  Power to call for information and inspection pf records 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 22
  23. 23. PENALTY FOR NON-COMPLIANCE OF ACT Where the employer fails either of the following  To constitute an Internal committee  To take action on inquiry report  To punish for false or malicious complaint and false evidence  To include information in annual report If the employer has been already convicted of an offence punishable under this Act, will bear twice the punishment / appropriate cognisance will be taken by the court  Cancellation /withdrawal/ non renewal of the licence /cancellation of the licence or the cancellation of the registration by the Government or local authority required for carrying out business or activity 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 23
  24. 24. THANK YOU   For more information please contact Sukanya Patwardhan   98500-37928 / 020-66091086 7/23/2013 TataManagementTrainingCentre,Pune/ SukanyaPatwardhan 24