THE LATEST INDIAN LAW

ON

7/23/2013
THE SEXUAL HARASSMENT OF
WOMEN AT WORKPLACE

Sukanya Patwardhan
Tata Management Training Centre, Pune/
1 Sukanya Patwardhan
Sukanya.patwardhan@gmail.com/
spatwardhan@tata.com
23rd July 2013
 7/23/2013
 This presentation is about the latest Indian Law on

Sukanya Patwardhan
Tata Management Training Centre, Pune/
The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act 2013

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PURPOSE OF THIS ACT

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To provide protection against sexual

Sukanya Patwardhan
Tata Management Training Centre, Pune/
harassment of women at workplace and for
the prevention and redressal of complaints
of sexual harassment and for the matters
connected therewith of thereto.

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MAJOR CONTENTS OF THIS LAW

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 Foundation of the Law
 Definitions

Sukanya Patwardhan
Tata Management Training Centre, Pune/
 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

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WHAT IS ?

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 Prevention
To keep from happening

Sukanya Patwardhan
Tata Management Training Centre, Pune/
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.

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FOUNDATION OF THIS ACT

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 Constitution of India
 Human Rights by International Conventions and

Sukanya Patwardhan
Tata Management Training Centre, Pune/
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 .

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REASONS FOR THIS ACT

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 Sexual Harassment at a workplace is considered
violation of women’s right to equality, life and
liberty. It creates an insecure and hostile work

Sukanya Patwardhan
Tata Management Training Centre, Pune/
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
RIGHTS BY THE CONSTITUTION OF INDIA

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 Article 14 & 15
Embodies the concept of equality and prohibits
discrimination on the grounds of religion,race, caste, sex

Sukanya Patwardhan
Tata Management Training Centre, Pune/
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. 8
THE ACT EXTENDS TO WHOLE OF INDIA
DEFINITIONS

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Employee:
 A person employed at the workplace for any work

Sukanya Patwardhan
Tata Management Training Centre, Pune/
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.
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EMPLOYER

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 In relation to any department , organisation,
undertaking, establishment, enterprise,
institution, office, branch or unit of the

Sukanya Patwardhan
Tata Management Training Centre, Pune/
appropriate Government or a local authority in
the above
 If not specified, any person responsible for
management, supervision or control of the
workplace.

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SEXUAL HARASSMENT DEFINED

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Includes any one or more of the following
unwelcome acts or bahaviour (whether directly or
by implication) viz:

Sukanya Patwardhan
Tata Management Training Centre, Pune/
 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.

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PREVENTION OF SEXUAL HARASSMENT
DEFINITION

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 No woman shall be subjected to sexual harassment at
workplace
 The following circumstances, among other circumstances, if

Sukanya Patwardhan
Tata Management Training Centre, Pune/
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
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 Humiliating treatment likely to affect her health or safety.
CONSTITUTION OF INTERNAL COMPLAINTS
COMMITTEE
Every Employer of a workplace shall by order in writing
constitute a committee to be known as “Internal Complaints

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Committee”
Members of the Committee

Sukanya Patwardhan
Tata Management Training Centre, Pune/
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
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COMPLAINT OF SEXUAL HARASSMENT

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 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

Sukanya Patwardhan
Tata Management Training Centre, Pune/
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.
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PROVISIONS FOR COMPLAINT REDRESSAL
Written report is necessary in each option

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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

Sukanya Patwardhan
Tata Management Training Centre, Pune/
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
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Inquiry to be completed within 90 days
PROVISIONS FOR COMPLAINT REDRESSAL
Inquiry Report and Recommendations
 To be provided to the employer by the Internal Committee,

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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

Sukanya Patwardhan
Tata Management Training Centre, Pune/
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. 16
FALSE ACCUSATION

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 Punishment for False or Malicious Complaint
and False Evidence
Mere inability to substantiate a complaint or

Sukanya Patwardhan
Tata Management Training Centre, Pune/
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 17
may be prescribed.
DETERMINATION OF COMPENSATION

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 For the purpose of determining the sums to be
paid to the aggrieved woman the internal
committee shall have regard to

Sukanya Patwardhan
Tata Management Training Centre, Pune/
 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
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instalments.
PROHIBITION OF PUBLICATION OR MAKING
KNOWN THE CONTENTS OF COMPLAINT AND
INQUIRY PROCEEDINGS

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 Notwithstanding anything contained in the Right to
information Act, 2005, following can not be
communicated or made known to public, press or
media

Sukanya Patwardhan
Tata Management Training Centre, Pune/
 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.
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DUTIES OF THE EMPLOYER

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 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

Sukanya Patwardhan
Tata Management Training Centre, Pune/

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. 20
 Monitor timely submission of reports by internal committee
MISCELLANEOUS

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 Internal committee to submit annual report and
submit to the employer

Sukanya Patwardhan
Tata Management Training Centre, Pune/
 Employer should include in its report the
information on the number of cases filed and
their disposal under the proposed legislation

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GOVERNMENT AUTHORITIES

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Appropriate Govt should
 monitor implementation and maintain data

Sukanya Patwardhan
Tata Management Training Centre, Pune/
 Take measures to publicise the Act

 Power to call for information and inspection pf

records

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PENALTY FOR NON-COMPLIANCE OF ACT

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Where the employer fails either of the following
 To constitute an Internal committee
 To take action on inquiry report

Sukanya Patwardhan
Tata Management Training Centre, Pune/
 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 23
required for carrying out business or activity
THANK YOU

7/23/2013
 www.bareactsonline.com

Sukanya Patwardhan
Tata Management Training Centre, Pune/
 For more information please contact

Sukanya Patwardhan
 spatwardhan@tata.com/

 98500-37928 / 020-66091086

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