Came into force with effect from December 9, 2013

23rd SEPTEMBER 1992- Bhanwari Devi who worked as a Saathin in Government of Rajasthans project was gang raped for trying to stop child marriage which led to a PIL being filed by an organisation called Vishakha Historical Perspective 1997 The Supreme Court of India delivers a judgement in the case of Vishaka and Others versus State of Rajasthan and Others & issues guidelines to provide for the effective enforcement of the basic human rights of gender equality & guarantee against sexual harassment and abuse at work places.

The disciplinary authority shall treat the report/findings etc. of the Complaints Committee as the findings in a disciplinary inquiry against the delinquent employee and shall act on such report accordingly. The findings and the report of the Complaints Committee shall not be treated as a mere preliminary investigation or inquiry leading to a disciplinary action but shall be treated as a finding/report in an inquiry into the misconduct of the delinquent. Complaints Committee will be deemed to be an inquiry authority for the purposes of Central Civil Services (Conduct) Rules, 1964 Similar amendment shall be carried out in the Industrial Employment (Standing Orders) Rules. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redresal) Act, 2013 passed on April 23, 2013 AND came into force on 9th December 2013

 The

Act mostly incorporates all the Vishakha guidelines in terms of Inquiries and Inquiry Committee The definition of Sexual Harassment also remains the same Applies to all establishments Employees include those who are temporary, casual, contract, probationer, trainee, ad hoc, volunteer but not domestic worker working at home The victim is only a woman- she need not be an employee

''sexual harassment'' includes such unwelcome sexually determined behaviour (whether directly or by implication) as (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

(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.

 Affects

a womans right to equality and equal protection at the workplace Is discriminatory behaviour and affects her opportunities at the workplace Refusal could lead to harassment at other levels and the conditions of her employment Causes her stress which could affect discharge of her duties/ performance

Unwelcome idle chatter of sexual nature Graphic sexual descriptions Sexual slurs Sexual innuendos Comments about a persons private life Offensive jokes Sexual teasing Sexual sounds like whistling Taunts Unwelcome repetitive staring Ogling Invading anothers personal space

Provocative comments about a persons clothes or the way their clothes fit Mimicking in a sexual nature about the way a person walks, talks or sits Implied or overt threats for a sexual favors Repeated unsolicited propositions to meet in person or to speak over the phone Repeated unsolicited phone calls or text messages Patting Pinching

Brushing up against the body Cornering a person Physical assaults Molestation Attempted rape Rape Unwelcome means unwelcome to the woman

 ''aggrieved

woman'' in relation to a workplace means a woman, of any age, who alleges to have been subjected to any act of sexual harassment by the respondent and includes a woman whether employed or not (Section 2(a) ) 'employer'' any person responsible for the management, supervision and control of the workplace; Section 2 (f)

person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or without the knowledge of the principal employer, whether for remuneration or not, or working on a 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 But does not include domestic worker working at home

(ii) any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities including production, supply, sale, distribution or service; (iv) any place visited either by air, land, rail or sea by the employee arising out of, or during and in the course of employment; Section 2 (n)

Establishments with more than 10 employees to set up INTERNAL COMPLAINTS COMMITTEE (ICC) SEPARATE FOR EACH OFFICE OR BRANCH Establishments with less than 10 employees to go before the LOCAL COMPLAINTS COMMITTEE (LCC) LCC to be set up in each district- to investigate complaints regarding sexual harassment from establishments where the ICC has not been constituted on account of the establishment having less than 10 employees or if the complaint is against the employer.

 provide

a safe working environment at the workplace Display the names of Complaints Committee prominently workshops and training programmes on SH provide necessary facilities to the Committee for dealing with the complaint and conducting inquiry assist in securing the attendance of respondent and witnesses

make available to the Committee information that it may require

provide

assistance to the woman if she so chooses to file a complaint in relation to the offence under IPC or any other law initiate action, under IPC or any other law 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

Presiding Officer- Senior Woman Employee or when none available, District Officer to nominate member of local Committee 2 employee nominees 1 NGO member- Social Worker of 5 years standing or person well versed in law At least half members to be women Term of office is 3 years

 ( a)

transfer the aggrieved woman or the respondent to any other workplace; or (b) grant leave to the aggrieved woman; or (c) grant such other relief to the aggrieved woman as may be prescribed ON HER REQUEST RTI not applicable to SH proceedings NAMES AND OTHER DETAILS TO BE KEPT CONFIDENTIAL

 Aggrieved

woman to make written complaint Where she is unable to- someone on her behalf can make the same (friend, family, colleague, special educator or psychiatrist or guardian (where she is mentally incapable), person who is knowledgeable of the incident with her written consent, NCW/SCW 6 copies of the complaint to be given along with copies of supporting documents and names and addresses of witnesses One copy of the complaint to be sent to the Respondent within 7 days

 Respondent

to file reply with supporting documents and witnesses names and addresses within 10 days of receipt of complaint then Complaints Committee will hear the Complaint Ex Parte decision can be taken after giving 15 days notice to absent party Lawyers cannot represent employees in the proceedings

 Woman

has right to be present throughout inquiry and entitled to copies of the proceedings Both sides given opportunity to be heard and cross examine the others witnesses Principles of natural justice to be followed Settlement/ Conciliation ONLY if the woman requests for it No particular number of witnesses required Both parties can produce witnesses

 Call

for any records that may be relevant Statements of both the Aggrieved woman and the Charge-sheeted employee to be recorded Unwelcome conduct of sexual nature means unwelcome to the woman CAN ACT ONLY ON THE WORD OF THE WOMAN After conclusion of the enquiry send report to the employer recommending action Inquiry to be disciplinary inquiry under Service Regulations Appeal can be filed by either party to the Appellate Authority

ICC has power of a Civil Court to : Summon and enforce attendance of any person and examine him on oath Require the discovery and production of documents Record of proceedings to be maintained- all witness statements to be checked by the witness and signed by them, the parties and the member. Any corrections to be countersigned Record of proceedings to be signed by the Parties CAN VIDEO TAPE VERY SENSITIVE OR CONTESTED PROCEEDINGS TO HAVE PROOF OF PROCEDURAL PROPREITY No need for documentary proof to prove charges Need to protect woman from offensive questioning

 On

the request of the woman

(a) transfer her or the respondent to any other workplace; or (b) grant leave to her over and above that which she is entitled to; or (c) grant such other relief to the aggrieved woman as may be prescribed

Under

Rule 8

Not report her work performance or write her confidential report In academic institutions not supervise her academic activity

 For

the complaint- 3 months within the last incident but can be extended by the Committee Inquiry Report to be submitted after completion of inquiry - 10 days Entire proceedings to be completed- 90 days Action to be taken on Committees Report by Employer - within 60 days of submission For appeal to be filed- within 90 days

(i) to take action for sexual harassment as a misconduct in accordance with the provisions of the service rules applicable to the respondent or where no such service rules have been made, in such manner as may be prescribed; (ii) to deduct, notwithstanding anything in the service rules applicable to the respondent, from the salary or wages of the respondent such sum of compensation to be paid to the aggrieved woman or to legal heirs, as it may determine, in accordance with the provisions of section 15: Provided that in case the employer is unable to make such deduction from the salary of the respondent due to his being absent from duty or cessation of employment it may direct to the respondent to pay such compensation to the aggrieved woman

(a) the mental trauma, pain, suffering and emotional distress caused to the aggrieved woman; (b) the loss in the career opportunity due to the incident of sexual harassment; (c) medical expenses incurred by the victim for physical or psychiatric treatment; (d) the income and financial status of the respondent; (e) feasibility of such payment in lump sum or in instalments.

WRITTEN APOLOGY WARNING REPRIMAND OR CENSURE WITHHOLDING OF PROMOTION WITHHOLDING OF PAY RISE OR INCREMENTS TERMINATING THE RESPONDENT FROM SERVICE UNDERGOING A COUNSELLING SESSION CARRYING OUT COMMUNITY SERVICE

Where the Committee arrives at a conclusion that the allegation against the respondent is false or malicious or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer, as the case may be, to take action against the Complainant in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as may be prescribed: 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 or falsehood on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed, before any action is recommended. Penalty also for witness giving false evidence

 The

District Officer shall, (a) monitor the timely submission of reports furnished by the Internal Committee or the Local Committee; (b) take such measures as may be necessary for engaging non-governmental organisations for creation of awareness on sexual harassment and the rights of the women.

 Annual

reports to be submitted by IC/LC to District Officer re complaints received and cases handled Employer to maintain records that can be inspected by Govt. Punishment for not constituting IC- Rs. 50,000

 No

of complaints of sexual harassment received in the year Number of complaints disposed of during the year Number of cases pending for more than 90 days Number of workshops or awareness programmes held Nature of action taken by the employer or District Officer