SEXUAL HARASSMENT AT WORKPLACE

INSTITUTE OF MANAGEMENT STUDIES, DAVV, INDORE

Presented to: Presented by:Mrs. Nisha Siddiqui Lubha Jain

Manju Singh Radhika Bhagwat

Sexual Harassment

Making sexually colored remarks

A demand orrequest for

sexualfavors

Showingpornography

SexualHarassment

Physical contactand advances

Unwelcome physical, verbal or non-verbalconduct of sexual nature

Indian Laws on Sexual Harassment1997:

The Constitution

of India

Vishaka vs. State of

Rajasthan

The Sexual Harassment of

Women at Workplace

(Prevention, Prohibition and Redressal) Act,

2013

The Indian Penal Code, 1860

The Vishaka Judgment - 1997

• Supreme Court acknowledged that:

Sexual harassment is a human rights violation Sexual harassment is a violation of the constitutionally

guaranteed fundamental rights:

Articles 14 and 15: Right to equality Article 21: Right to life - to live with dignity Article 19(1)(g) - Right to practice any

profession/trade/occupation/business, i.e., a right to a safe environment free from harassment

The Vishaka Judgment - Guidelines

Employer’s duty to

Prevent and prohibit acts of sexual harassment Article 21: Right to life - to live with dignity

Redress and resolve grievances pertaining to sexual harassment

The Guidelines = Law, until such time a legislative frame work on the subject is enacted

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

• An Act aimed 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.

• (Government Gazette dated 23 April, 2013 /Vaisakha 3, 1935 - Saka)

• Sexual Harassment results in violation of the fundamental rights of a woman to equality under Article 14 and 15 of the Constitution of India and her right to life and live with dignity under Article 21 of the Constitution and 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.

Section 3 : No woman shall be subjected to sexual harassment at any work place which may include, but is not limited to –

i. implied or overt promise of preferential treatment in her employment; or

ii. implied or overt threat of detrimental treatment in her employment; or

iii. implied or overt threat about her present or future employment status; or

iv. conduct of any person which interferes with her work or creates an intimidating or offensive or hostile work environment for her; or

v. humiliating conduct constituting health and safety problems for her.

Section 4 : • Internal Complaints Committee should consist of :

i. A Presiding Officer – who shall be a woman employed at a senior level at workplace from amongst the employees.

ii. Not less than two members from amongst employees preferably committed to cause of women or who have experience in social work or have legal knowledge.

iii. One member from NGO or association 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.

• The said Committee shall hold office for a period not exceeding 3 years. • The member appointed from NGO or other association shall be paid such fees

or allowances for holding the proceedings of the Internal Committee, by the employer as may be prescribed.

• Can vacate office under such circumstances as explained in Sec. 4 (5).

Local Complaints Committee

• The Act envisages forming such Committee to address grievances of women when :

1. Internal Complaints Committee has not been constituted if the establishment has less than 10 workers.

2. If the Complaint is itself against the said employer himself.

• The District Officer shall designate one Nodal Officer in every block, taluka and tehsil in rural or tribal area and ward or municipality in the urban area, to receive complaints and forward the same to the concerned Local Complaints Committee within a period of seven days.

• The said Committee will consist of One eminent Women in the field of social work, one women from the block, tehsil or ward etc. two members of whom atleast one women to be nominated from NGO.

• Section 9 : An aggrieved women can make a complaint in writing on sexual harassment to the Local Committee if an internal Committee is not constituted within a period of 3 months from the date of the incident and in case of series of incidents within 3 months from the date of last incident.

• Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise her legal heir or such other person as may be prescribed may make a complaint under this section.

Section 10 : Conciliation :The Committees may at the request of the aggrieved women take steps to settle the matter between her and the respondent through conciliation. Monetary settlement shall not be made the basis for such conciliation.

If the settlement has been arrived the Committee concerned will forward the settlement to the employer or the District Officer to take action as specified in its recommendation.

The Committee shall provide copies of the settlement as recorded to the aggrieved women and the respondent as well.

Where settlement has been arrived at, no further inquiry shall be conducted by the concerned Committee.

Grievance Redressal Process

Incident of Sexual Harassment

Complaint made to ICC/LCC

Settlement Not monetary; ICC to record

settlement and forward to LCC and parties

No further inquiry

INQUIRY

Reasons for delay to be recorded in writingBeyond 3 months

3 months

Employee requests for a settlement

No settlement

Employee does not request for settlement

Beyond 3 months

Inquiry Procedure

InquiryPrinciples of natural justice to be followed

Inquiry report to be submitted to the Employer and the parties

No action to be taken; Assessment of whether charges are false/malicious

• ICC/LCC to inquire into whether the allegations were made with a malicious intention.

• Inability to substantiate the complaint or provide adequate proof doesn’t not amount to malice.

Punishment as per service rules;Monetary penalty payable to the aggrieved woman

Appeal to court/tribunal

Allegation not proved

Allegation proved[within 60 days]

Action during pendency of inquiry• Transfer the aggrieved woman or the respondent to any

other workplace ; or• Grant leave to the aggrieved woman; or• Grant such other relief to the aggrieved women as may be

prescribed(The leave granted to aggrieved woman shall be in addition to the leave she would otherwise be entitled).• The inquiry Report on completion can be submitted to the

employer. (MD / Audit Committee) • If the allegations are not proved no action would be taken

against the respondent.

Section 14 : False or Malicious Complaint Where the Committee arrives at a conclusion that the allegation against the respondent is false or malicious or the woman has produced any forged or misleading document it may recommend to the employer or to the District Officer as the case may be, to take action against the woman in accordance with the service rule or such other action as it may deem fit.

Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant under this section.

Provided further that the malicious intent on part of the complainant shall be established after an enquiry in accordance with the procedure prescribed, before any action is recommended.

Determination of Compensation

• The mental trauma, pain, suffering 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 installments

Section 16: Provides details on non-publication of details pertaining to the identity and address of the aggrieved woman, respondent and the witness or any other information relating to conciliation and inquiry proceedings, recommendations of the Committee and action taken by employer to the public, press and media in any manner. (Specific ref to Right to Information Act)

Duties of Employer

Every Employer shall Provide a safe working environment at the workplace which shall

include safety from the persons coming into contact at the workplace. display at any conspicuous place in the workplace, the order

constituting, the internal committee. Organise workshops and training programmes at regular intervals

for sensitising the employees regarding the provisions of the Act. provide necessary facility to the Internal Committee or the Local

Committee, as the case may be for dealing with the complaint and conducting inquiry.

assist in securing the attendance of respondent and witnesses before the committee.

make available such information to the committee.

Duties of Employer (Contd.)

provide assistance to the women if she chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force.

initiate action, under the Indian Penal Code or any other law for the time being in force, against the perpetrator after the conclusion of the inquiry, or without waiting for the inquiry where the perpetrator is not an employee in the workplace at which the incident of sexual harassment took place.

treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct.

Monitor the timely submission of reports by the Internal committee.

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Duties of an Employer – Penal Clause

Where an employer fails to : constitute an internal committee take action against the respondent contravenes or attempts to contravene or abets contravention of other

provisions of this Act or any rules made there under shall be punishable with fine which may extent to Fifty thousand rupees.

In case of second or continuing offence,- 2. Twice the punishment which may be imposed the first time. - Provided that in case a higher punishment is prescribed under any other

law for the time being in force, for the offence for which the accused is being prosecuted the court shall take due cognizance of the same while awarding the punishment;

- Cancellation of licence or withdrawal or cancellation of registration required for carrying on the business or activity.