UNIT- 7

The Sexual Harassment of Women at

Workplace (Prevention, Prohibition
& Redressal) Act, 2013

1
 Introduction
• The Constitutional doctrine of Equality is contained in
Articles 14, 15 and 17 of the Constitution of India.

• The Right to Equality before the Law or equal protection of

the law under Article 14 lays down as overarching
guarantee of equality for every person.

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• Article 15 prohibits discrimination on the ground of
Religion, Race, Caste, Sex or Place of Birth.

• Article 15 (3) lays down the principle of substantive

equality in favour of women, in recognition of historical
disadvantages faced by them, and therefore empowers
the state to adopt special measures for women.

• Article 21 recognizes the right to Life with Dignity, which

includes the right to Livelihood.

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 Effect of Vishaka Judgment in
Constitutional Setup

 The Vishaka Judgment is the expansive interpretation

given to Article 19(1)(g) of the Constitution of India, in so
far as Sexual harassment of women at the Workplace
has been held to be in violation of the Fundamental
freedom of all Women as citizens to pursue the
business, trade or profession of one’s choice.

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 Vishaka & Ors v. State of Rajasthan & Ors.
(1997) 6 SCC 241)
 FACTS OF THE CASE:

• It goes back t othe year 1985 when a women named as Bhanwari Devi, who was employed
as a village-level social worker also known as-Saathin under the Women’s Development
Project (WDP) run by the Government of Rajasthan was badly raped in the year 1992.
• As it was the part of Devi’s job, she used to directly work with the families to prevent the
child marriages and also report cases to the police to when urgency took place.
• With all this, in one particular case it happened that Devi reported a family which had
belonged to the Gurjar Community to the police because of the arranged marriage of one
year old infant.
• Therefore, to get revenge for the same act done by Devi, the family had rebelled against
her but to also ostracise her from the community, around five men of the Gujjar community
while she was at her workplace.
• Despite preferential and the derogatory behavior shown by the police and also the doctors,
she was insistent on to fight for Justice so she lodged a complaint against the accused.
However, in the absence of sufficient evidence the court had acquitted the accused in the
Trail Court.
• Various social organizations and women activists also raised their voices for Devi’s fight for
Justice. Therefore, a Public Interest Litigation was filled by the women’s right activists for
the need to protect women from sexual harassment at the workplace.
 ISSUE OF THE CASE:

• The Supreme Court had inspected the case which highlighted the
problem of Gender Inequality, outraging the modesty of women,
sexual harassment at the workplace and rape as societal issues of
substantial intensity. Thus, violence against women.

 DECISION OF THE COURT:

• “Each such incident ends up in violation of the basic rights of ‘Gender
Equality’ and therefore the ‘Right of Life and Liberty’… A legal
document of writ in such a scenario, if it's to be effective, must be in
the midst of directions for prevention; because the violation of basic
rights of this sort could be a revenant development.
• The basic right to hold on any occupation, trade or profession depends
on the supply of a secure operating surroundings. Right to life
suggests that life with dignity. The first responsibility for guaranteeing
such “safety” and dignity through appropriate legislation, and therefore
the creation of a mechanism for its social control, is of the general
assembly and therefore the executive…”
 Through its analysis, the Supreme Court concluded that sexual harassment
in the workplace is a violation of women’s human rights, specifically:
 Constitution of India
• Article 14: Equality before the law
• Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth
• Article 19 (1)(g): Right to practice one’s profession, or to carry on any occupation,
trade or business
• Article 21: Right to life and personal liberty
• In particular, the Court referred to India’s ratification of the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW), which has
prohibited discrimination in the workplace and outlines specific state obligations to
end it:
• Article 11(1)(a & f): The right to work and the right to protection of health and to
safety in working conditions, including the safeguarding of the function of
reproduction.
• Article 24: States parties undertake to adopt all necessary measures at the
national level aimed at achieving the full realization of the rights recognized in the
present Convention.
• General Recommendation No. 19: On the elimination of violence against women.
• Without domestic legislation to adequately address sexual harassment in the
workplace, the Court undertook measures to enforce gender equality and non-
discrimination in accordance with universal human rights norms and standards.
 Vishaka Guidelines, 1997:

1) In its judgment, the Court provided a set of guidelines for employers

as well as other responsible persons or institutions – to immediately
ensure the prevention of sexual harassment. In accordance with
Article 141 of Constitution, these guidelines were to be considered
law until appropriate legislation was created:-
2) Sexual Harassment consists of unwelcome sexually determined
behaviour as physical sexual contact, sexual favour, sexual
remarks, pornographic content and also verbal and non-verbal
conduct of sexual nature;
3) Sexual Harassment at workplace should be always – informed,
produced & circulated;
4) Whenever a sexual harassment takes place which amounts to a
specific offence under law, the employer should take action by
complaining about the same to the appropriate authority;
5) An appropriate mechanism of prevention should be created for
redressal of the complaint.
 The Sexual Harassment of Women at Workplace
(Prevention, Prohibition & Redressal) Act, 2013

• The present Act received the assent of the President

on 22-04-2013 and published in the Gazette of India
dated 22-04-2013.

• This Act is applicable to whole of India.

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 Objectives of the Act
1) The Act is enacted by the Indian Parliament to provide protection
against sexual harassment of women at workplace and prevention and
redressal of complaints of sexual harassment and for matters connected
therewith or incidental thereto.

2) Sexual harassment is termed as a violation of the fundamental rights of

a woman to equality under Articles 14 and 15 of the Constitution of
India and right to life and to live with dignity under Article 21 of the
Constitution of India.

3) Sexual harassment is also considered a violation of a 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
(Art.19(g).
 Definitions (Sec.2)

(a) “aggrieved woman” means —

(i) in relation to a workplace, a woman, of any age

whether employed or not, who alleges to have been
subjected to any act of sexual harassment by the
respondent;

(ii) in relation to dwelling place or house, a woman of any

age who is employed in such a dwelling place or house.
 Domestic Worker (Sec.2(e))

(e) “domestic worker” means a woman who is employed to

do the household work in any household for
remuneration whether in cash or kind, either directly or
through any agency on a temporary, permanent, part
time or full time basis, but does not include any member
of the family of the employer.
 Employee (Sec.2(f))

(f) “employee” means a 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.
 Employer (Sec.2 (g)
(g) “employer” means —

(i) in relation to any department, organisation, undertaking,

establishment, enterprise, institution, office, branch or unit of
the appropriate Government or a local authority, the head of
that department, organisation, undertaking, establishment,
enterprise, institution, office, branch or unit or such other
officer as the appropriate Government or the local authority,
as the case may be, may by an order specify in this behalf;

(ii) in any workplace not covered under sub-clause (i), any

person responsible for the management, supervision and
control of the workplace.
 Conti…
 Explanation - For the purposes of this sub-clause “management”
includes the person or board or committee responsible for formulation
and administration of polices for such organisation;

(iii) in relation to workplace covered under sub-clauses (i) and

(ii) the person discharging contractual obligations with respect to his or

her employees;

(iv) in relation to a dwelling place or house, a person or a household who

employs or benefits from the employment of domestic worker,
irrespective of the number, time period or type of such worker
employed, or the nature of the employment or activities performed
by the domestic worker;
 Sexual Harassment (Sec. 2(n)

 ANY UNWELCOME ACT or behavior;

 SEXUAL in nature;

 A SUBJECTIVE experience;

 IMPACT not the Intent that matters.

 Sexual Harassment includes..

 Physical contact  Stalking

 Abusive Sounds
 vulgar/indecent jokes,
 Making sexually colored phone calls, text massages,
remarks e-mails,

 Using sexually abusive  Physical confinement or

language or signs in the touches against the will and
presence of woman likely to intrude upon one’s
employee; privacy; or
 Showing pornography or
the likes;  Demand or request for
sexual favours;
 Sexual Harassment includes..
 Implied or explicit promise of PREFERENTIAL TREATMENT in her
employment; or
 Implied or explicit THREATENING TREATMENT in her employment;
or
 Implied or explicit THREAT ABOUT PRESENT AND FUTURE
EMPLOYMENT STATUS; or
 HOSTILE WORK ENVIRONMENT
 Interference with her work
 Humiliating treatment likely to affect her health or safety.
  Appropriate Government (Sec.2(b))

 Appropriate Government – It means,

a) In relation to workplace which is established,

owned, controlled or wholly or substantially
financed by funds provided directly or indirectly,

i) By the Central Government or Union Territory

administration, the Central Government.

ii) By the State Government, the State Government.

b) In relation to any workplace not covered under

subclause (i) and falling within its territory, the State
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Government.
 District Officer Sec. 2(d) – The appropriate Government
may notify,

a) A District Magistrate; or
b) Additional District Magistrate; or
c) The Collector; or
d) Deputy Collector

as a District Officer for every district to exercise

power or discharge function under this Act.

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 Workplace (Sec.2(o) – It includes -

a) Any department, organization, undertaking,

establishment, enterprises, institution and offices
financed by funds provided directly or indirectly by
Government or Local Authority or Government company
or Corporation or Cooperative Society etc.

b) Any private sector organization, Non -

governmental organization, industrial institution,
Educational Institutions etc.

c) Hospital or Nursing Home.

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d) Any sports institutions, stadium, training center of
sports etc.

e) Any place visited by the Employee arising out of

or during the course of employment including
transportation provided by the Employer for
undertaking such journey.

f) A dwelling place or House.

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PREVENTION OF SEXUAL HARASSMENT(Sec.3)

1) No woman shall be subjected to sexual

harassment at any workplace.
2) The following circumstances, among other
circumstances, if it occurs or is present in
relation to or connected with any act or
behavior of sexual harassment may amount to
sexual harassment:-

i) Implied or explicit promise of preferential

treatment in her employment; or
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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.

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 CONSTITUTION OF INTERNAL COMPLAINTS
COMMITTEE (ICC) (Sec.4)

1) Every employer of a workplace shall, by an order in

writing, constitute a committee to be known as Internal
Complaints Committee (ICC).

2) This type of committee is also required to constitute at

the places of offices, administrative units of a workplace
when the setup is at different places.

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 ICC shall consist of following members to be
nominated by the employer -

a) Presiding officer who shall be a Woman,

employed at senior level at workplace from
amongst the employees. In case, if Senior level
woman employee is not available at workplace,
then Presiding officer can be nominated by other
office or administrative units.
 In case other office or administrative units of the
work place do not have a senior level woman
employee, the Presiding officer shall be
nominated from any other workplace of the same
employer or other departments or organization.
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b) Not less than 2 members from amongst employees
preferably committed to the cause of women or who
have had experience in social work or have legal
knowledge.

c) 1 member from amongst non-governmental

organizations 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.

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 CONSTITUTION OF LOCAL COMPLAINTS
COMMITTEE (LCC) (Sec.5)

• Every District Officer shall constitute in the district

concerned, a committee to be known as the ‘Local
Complaints Committee’ to receive complaints of Sexual
Harassment from establishments where the Internal
Complaints Committee (ICC) has not been formed due
to having less than 10 workers or if the complaint is
against the employer himself.

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 Constitution and jurisdiction of Local
Committee(Sec.6)
(1) Every District Officer shall constitute in the district concerned, a
committee to be known as the “Local Committee” to receive
complaints of sexual harassment from establishments where the
Internal Committee has not been constituted due to having less than
ten workers or if the complaint is against the employer himself.

(2) The District Officer shall designate 1 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 (LCC) within a period of 7
days.

(3) The jurisdiction of the LCC shall extend to the areas of the district
where it is constituted.

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Composition, Tenure and other Terms of the Local
Complaints Committee (LCC) ( Sec.7)

• The LCC shall consist of the following members to be

nominated by the District Officer namely,
a) A Chairperson to be nominated from amongst the
eminent women in the field of social work and
committed to the cause of women.
b) 1 member to be nominated from amongst the
women working in block, taluka or tehsil or ward or
municipality in the district.

c) 2 members, of whom at least 1 shall be woman

should be nominated from certain NGO’s or
associations committed to the cause of women or a
person familiar with the issues relating to the sexual
harassment, which may be prescribed. 31
• Provided that at least 1 of the nominees should,
preferably, have a background in law or legal
knowledge.

• 1 of the nominees shall be a woman to the Scheduled

Castes or the Schedules Tribes or the Other Backward
Classes or minority community notified by the Central
Government, from time to time.

• The Chairperson and every member of the LCC shall

hold office for such a period, not exceeding 3 years,
from the date of their appointment as may be specified
by the District Officer.
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COMPLAINT OF SEXUAL HARASSMENT (Sec.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 3 months from the date of incident and in
case of a series of incidents, within a period of 3
months from the date of last incident.
• If such complaint cannot be made in writing, the
Presiding Officer or any member of the ICC or the
Chairperson or the LCC shall render all reasonable
assistance to the woman for making the complaint.

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

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 Conciliation (Sec.10):

1) The ICC or as the case may be, the LCC, may, before
initiating an inquiry under section 11 and at the request
of the aggrieved woman take steps to settle the matter
between her and the respondent through conciliation.
Provided that no monetary settlement shall be made as
a basis of conciliation.

2) Where a settlement has been arrived at under sub-

section (1), the ICC or the LCC shall record the
settlement so arrived and forward the same to the
employer or the District Officer to take action as
specified in the recommendation.

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3) The ICC or the LCC shall provide the copies of the
settlement as recorded under sub-section (2) to the
aggrieved woman and the respondent.

4) Where a settlement is arrived at under sub - section

(1), no further inquiry shall be conducted by the ICC
or the LCC.

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 Inquiry into a Complaint (Sec.11):

1) According to the provisions of section 10, the ICC or

LCC shall proceed to make inquiry into the complaint in
accordance to the rules.

It further provides that if the aggrieved woman informs

that any term or condition of the settlement arrived has
not been complied with by the respondent, then the
ICC or the LCC shall proceed to make an inquiry into
the complaint.

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2) Notwithstanding anything contained in section 509 of
the Indian Penal Code, the court may, when the
respondent is convicted of the offence, order payment
of such sums as it may consider appropriate, to the
aggrieved woman by the respondent, having regard
to the provisions of section 15.
• (Sec.509. Word, gesture or act intended to insult the
modesty of a woman —Whoever, intending to insult the
modesty of any woman, utters any word, makes any sound
or gesture, or exhibits any object, intending that such word
or sound shall be heard, or that such gesture or object
shall be seen, by such woman, or intrudes upon the privacy
of such woman, shall be punished with simple
imprisonment for a term which may extend to one year, or
with fine, or with both.)
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3) For the purpose of making an inquiry under sub-
section (I), the Internal Committee. or the Local
Committee, as the case may be, shall have the same
powers as are vested in a civil court under the Code
of Civil Procedure, 1908 when trying a suit in respect
of the following matters, namely:-—
a. summoning and enforcing the attendance of any
person and examining him on oath;
b. requiring the discovery and production of documents;
and
c. any other matter which may be prescribed.

4) The inquiry under sub-section (1) shall be completed

within a period of ninety days.
 INQUIRY INTO COMPLAINT (Sec.11)
 Action during Pendency of Inquiry (Sec.12):

1) During the pendency of an inquiry, on a written request made by the

aggrieved woman, the Internal Committee or the Local Committee, as
the case may be, may recommend to the employer to —

a) transfer the aggrieved woman or the respondent to any other

workplace; or

b) grant leave to the aggrieved woman up to a period of three months, or

c) grant such other relief to the aggrieved woman as may be prescribed.

2) The leave granted to the aggrieved woman under this section shall be
in addition to the leave she would be otherwise entitled.
40
3) On the recommendation of the Internal Committee or
the Local Committee, as the case may be, under sub-
section (1), the employer shall implement the
recommendations made under sub-section (1) and
send the report of such implementation to the Internal
Committee or the Local Committee, as the case may
be.

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 Inquiry Report (Sec.13):

1) On the completion of an inquiry under this Act, the ICC

or the LCC shall provide a report of its findings to the
employer, the District Officer within a period often days
from the date of completion of the inquiry and such
report be made available to the concerned parties.

2) Where the ICC or the LCC arrives at the conclusion that

the allegation against the respondent has not been
proved, it shall recommend to the employer and the
District Officer that no action is required to be taken in
the matter.

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3) Where the ICC or the LCC arrives at the conclusion that
the allegation against the respondent has been proved, it
shall recommend to the employer or the District Officer,
as the case may be —
i) 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 as it may
consider appropriate to be paid to the aggrieved
woman or to her legal heirs, as it may determine, in
accordance with the provisions of section 15: 43
• 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
sum to the aggrieved woman:
• Provided further that in case the respondent fails to
pay the sum referred to in clause (II), the Internal
Committee or, as the case may be, the Local
Committee may forward the order for recovery of the
sum as an arrear of land revenue to the concerned
District Officer.
4) The employer or the District Officer shall act upon the
recommendation within 60 of its receipt by him.
Punishment for false or malicious complaint and false
evidence.
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 Punishment for false or malicious complaint and false
evidence (Sec.14):
1) Where the ICC or the LCC arrives at a conclusion that the allegation
against the respondent is malicious or the aggrieved woman or any
other person making the complaint has made the complaint knowing it
to be false 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 to take action against
the woman or the person who has made the complaint under sub-
section (1) or sub-section (2) of section 9, as the case may be, 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 on part of the complainant shall
be established after an inquiry in accordance with the procedure
prescribed, before any action is recommended. 45
2) Where the ICC or the LCC arrives at a conclusion that
during the inquiry any witness has given false evidence
or produced any forged or misleading document, it may
recommend to the employer of the witness or the
District Officer to take action in accordance with the
provisions of the service rules applicable to the said
witness or where no such service rules exist, in such
manner as may be prescribed.

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 Determination of compensation (Sec.15):

 For the purpose of determining the sums to be paid to the

aggrieved woman under clause (ii) of sub-section (3) of
section 13, the ICC or the LCC shall have regard to -
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
installments.
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 Prohibition of publication or making known contents
of complaint and inquiry proceedings (Sec.16)

 Notwithstanding anything contained in the Right to Information Act,

2005, the contents of the complaint made under section 9, the identity
and addresses of the aggrieved woman, respondent and witnesses, any
information relating to conciliation and inquiry proceedings,
recommendations of the ICC or thee LCC and the action taken by the
employer or the District Officer under the provisions of this Act shall not
be published, communicated or made known to the public, press and
media in any manner:

 Provided that information may be disseminated regarding the justice

secured to any victim of sexual harassment under this Act without
disclosing the name, address, identity or any other particulars
calculated to lead to the identification of the aggrieved woman and
witnesses.

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 Penalty for publication or making known contents
of complaint and inquiry proceedings (Sec.17):

 Where any person entrusted with the duty to handle or deal

with the complaint, inquiry or any recommendations or action
to be taken under the provisions of this Act, contravenes the
provisions of section 16, he shall be liable for penalty in
accordance with the provisions of the service rules applicable
to the said person or where no such service rules exist, in
such manner as may be prescribed.

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 Appeal (Sec.18):
1) Any person aggrieved from the recommendations made
under sub-section (2) of section 13 or under clause (i) or
clause (ii) of sub-section (3) of section 13 or subsection (l)
or sub-section (2) of section 14 or section 17 or non-
implementation of such recommendations may prefer an
appeal to the court or tribunal in accordance with the
provisions of the service rules applicable to the said
person or where no such service rules exist then, without
prejudice to provisions contained in any other law for the
time being in force, the person aggrieved may prefer an
appeal in such manner as may be prescribed.

2) The appeal under sub-section (1) shall be preferred

within a period of ninety days of the recommendations.
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 DUTIES OF AN EMPLOYER (Sec.19)
 Every employer shall —
a) Provide a safe working environment at the workplace
which shall include safety from the persons coming
into contact at the workplace;
b) Display at any conspicuous place in the workplace,
the penal consequences of sexual harassments; and
the order constituting, the Internal Committee under
subsection (I) of section 4;
c) Organize workshops and awareness programmes at
regular intervals for sensitising the employees with
the provisions of the Act and orientation programmes
for the members of the Internal Committee in the
manner as may be prescribed;
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d) Provide necessary facilities to the Internal Committee
or the Local Committee, as the case may be, for
dealing with the complaint and conducting an inquiry;

e) Assist in securing the attendance of respondent and

witnesses before the Internal Committee or the Local
Committee, as the case may be;

f) Make available such information to the Internal

Committee or the Local Committee, as the case may
be, as it may require having regard to the complaint
made under sub-section (1) of section 9;

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g) Provide assistance to the woman if she so
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;

h) Cause to initiate action, under the Indian Penal

Code or any other law for the time being in force,
against the perpetrator, or if the aggrieved woman
so desires, where the perpetrator is not an
employee, in the workplace at which the incident
of sexual harassment took place;
i) Treat sexual harassment as a misconduct under the
service rules and initiate action for such misconduct;

j) Monitor the timely submission of reports by the Internal

Committee.

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DUTIES AND POWER OF DISTRICT OFFICER (Sec.20)

 The District Officer shall,—

a) Monitor the timely submission of reports furnished

by the Local Committee;

b) Take such measures as may be necessary for

engaging non-governmental organizations for
creation of awareness on sexual harassment and
the rights of the women.

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 MISCELLANEOUS (Sec.21)

 Committee to submit annual report:

1) The Internal Committee or the Local Committee, as
the case may be, shall in each calendar year prepare,
in such form and at such time as may be prescribed,
an annual report and submit the same to the employer
and the District Officer.

2) The District Officer shall forward a brief report on the

annual reports received under sub-section (1) to the
State Government.

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 Employer to include information In annual
report (Sec.22) -

 The employer shall include in its report the number of

cases filed, if any, and their disposal under this Act in
the annual report of his organization or where no such
report is required to be prepared, intimate such number
of cases, if any, to the District Officer.

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 Penalty for non-compliance with provisions of Act
(Sec.26).

1) Where the employer fails to -

a) Constitute an Internal Committee under sub-section (1) of section 4;
b) Take action under sections 13, 14 and 22; and
c) Contravenes or attempts to contravene or abets contravention of other
provisions of this Act or any rules made there under, he shall be
punishable with fine which may extend to fifty thousand rupees.
2) If any employer, after having been previously convicted of an offence
punishable under this Act subsequently commits and is convicted of
the same offence, he shall be liable to -
i) Twice the punishment, which might have been imposed on a first
conviction, subject to the punishment being maximum provided for
the same offence:

58
 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;

ii) Cancellation, of his license or withdrawal, or non-

renewal, or approval, or cancellation of the
registration, as the case may be, by the Government
or local authority required for carrying on his business
or activity.

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 Cognizance of offence by courts (Sec.27)

1) No court shall take cognizance of any offence

punishable under this Act or any rules made there
under, save on a complaint made by the aggrieved
woman or any person authorised by the Internal
Committee or Local Committee in this behalf.

2) No court inferior to that of a Metropolitan Magistrate

or a Judicial Magistrate of the first class shall try any
offence punishable under this Act.

3) Every offence under this Act shall be non- cognizable.

60
 1) Mrs. Rupan Deol Bajaj v. KPS Gill
(AIR 1996 SC 309)
• Rupan Deol Bajaj a senior IAS officer, was the first woman to
take a case of sexual harassment to the court in India. Her
harasser was “Supercop” KPS Gill, who recently passed away.

 Facts:

• Mrs. Bajaj and her husband, both senior IAS officers, went to a
dinner party at one of their colleagues’ place where the hero
cop of Punjab insurgency, the Director General of Police, KPS
Gill was also present. Now, as was the norm back in the
eighties, men and women sat separately in respective semi-
circles facing each other.
• All of a sudden KPS Gill, unacquainted with the concepts of
decency and consent, came to Mrs. Bajaj’s seat and put up a
finger on her face ordering her to come along.

• She told him that he was misbehaving but only if he could

hear the warning. She stood up to leave and then he slapped
on her posterior. All the guests were shocked but Mrs. Bajaj
was traumatised.

• And then she realized that the only way of leading a

respectable life was to fight against the society where
violation of dignity of women was casual.
• Thus she filed an FIR with the police but no investigation took place.
She then approached the Judicial Magistrate who ordered the
investigation and against these complaints Mr. Gill approached the
High Court. The High Court quashed the complaints because the Court
thought that it was a trivial offence under Section 95 of the Indian
Penal Code not worthy of any prosecution. Woman’s dignity, always
trivial.

• The court also said the offence was unnatural and improbable.
Despite these very interesting observations by the High Court, Mrs.
Bajaj decided to take the matter to Supreme Court.

 (Sec. 95. Act causing slight harm — Nothing is an offence by reason

that it causes, or that it is intended to cause, or that it is known to be
likely to cause, any harm, if that harm is so slight that no person of
ordinary sense and temper would complain of such harm.)
• The Supreme Court overturned the decision of the lower Court
and ruled that the offence of outraging the modesty of women
was committed under Sections 354 and 509 of the Indian Penal
Code. The problem that occurred was regarding the definition of
modesty.
• The Apex Court referred to various dictionaries where modesty
was defined as ‘womanly propriety of behaviour; scrupulous
chastity of thought, speech and conduct’ and ‘decorous in
manner and conduct; not forward or lewd; shamefast’.
 (Sec. 354. Assault or criminal force to woman with intent to
outrage her modesty — Whoever assaults or uses criminal force
to any woman, intending to outrage or knowing it to be likely
that he will thereby outrage her modesty, shall be punished with
imprisonment of either description for a term which may extend
to two years, or with fine, or with both.)
 (Sec. 509. Word, gesture or act intended to insult the modesty
of a woman.)
 2) Apparel Export Promotion Council v. A.K.
Chopra (AIR 1999 SC 625)
• A.K. Chopra, the respondent, was serving as a private secretary to the
chairman of the appellant, Apparel Export Promotion Council. On 12th August
1988, the respondent compelled one female employee (Miss X) of the council
by using his superior position to accompany him to the Business Centre at Taj
palace hotel to take dictation from the Chairman even though she was not
trained enough to take the dictations. By taking advantage of the secluded
place at the business centre, the respondent tried to molest her by sitting too
close to her and touching her despite her several objections. He even tried to
molest her in the lift while coming to the basement of the business centre.

• On 18th August, the respondent was placed under suspension based on the
complaint lodged by her on 17th August before the Director of the appellant.
An enquiry officer was appointed to look into the matter who based on all the
witnesses and evidence concluded that the respondent was guilty of
molestation and his act against Miss X was not up to the test of decency and
modesty. Based on the enquiry officer’s report, the respondent was removed
from service by the disciplinary authority on 28th June 1989.
• The respondent filed an appeal before the Staff committee
(Appellate authority) of the appellant-employer against the
order of his removal from service where his appeal was
dismissed. The respondent then filed a writ petition in the
High Court against the decision of the staff committee.
• The learned single judge held that the respondent tried to
molest her, not molested her. So, the writ was dismissed with
the direction to the appellant to reinstate the respondent in
the office outside Delhi for a period of a minimum of two
years without back wages.
• The appellant in a response filed Letters Patent Appeal (L.P.A)
against the order of the learned single judge but the L.P.A was
also dismissed by the division bench based on the same
conclusion given by the learned single judge. Aggrieved with
the order, the employer-appellant appealed to the Apex court
via Special leave petition which was granted.
 ISSUES:
1) In the cases of sexual harassment, whether the physical contact is
the requisite ingredient or not?

2) If a superior’s behaviour against a woman employee does not

withstand decency and modesty, will it be amount to sexual
harassment or not?

3) Whether “trying to molest” a woman employee at the “place of

work”, not constitute an act unbecoming of good conduct and
behaviour expected from the superior or not?

4) Whether High court has the jurisdiction to interfere in the

adequate decision made by the disciplinary authority or not?
 OBITER DICTA

• The learned single judge of the High Court made a narrow interpretation of the term
“Sexual Harassment” and held that the respondent “tried to molest her”, not molested
her or “had not managed to molest her” as there was no evidence of Physical contact.

 JUDGMENT

• The Supreme Court gave a broader interpretation to the term “molestation” and also
opined that physical contact is not the sole indicator to deal the sexual harassment cases.
“The apex court held that the respondent’s action was notwithstanding the decency and
modesty, hence it amounted to “Sexual Harassment”.

• The Apex Court also held that the High court had overlooked the fact that, in
departmental proceedings, the disciplinary authority (enquiry officer) and the case of
appeal, the appellate authority (staff committee) can be the sole judge to re-appreciate
the evidence as they are the fact-finding authorities. So, in this case, the High court did
not have the authority to interfere with the quantum of the punishment.

• Hence, the Apex Court set aside the order of the High Court and upheld the punishment
imposed by the Disciplinary Authority and the Departmental Appellate Authority of
removal of the respondent from service.
 3) Medha Kotwal Lele & Ors. v. Union of India & Ors.
(Writ Petition (Criminal) Nos. 173-177 Of 1999)

• A letter written by Medha Kotwal highlighted a number of

individual cases of sexual harassment stating that the Vishaka
Guidelines were not being effectively implemented.

• Converting the letter into a writ petition, the Supreme Court took
cognizance and undertook monitoring of implementation of the
Vishaka Guidelines across the country by directing State
Governments to file affidavits emphasizing on the steps taken by
them to implement the Vishaka Guidelines. The result showed a
poor performance by a majority of the states.
• Thus, SC issued further orders to national organisations such as
the Bar Council of India, to respect and implement the Vishakha
Guidelines in spirit.
• In its judgment, the Supreme Court observed that “the
implementation of the Vishaka Guidelines has to be not only in
form but also in substance and spirit so as to make available
safe and secure environment for women at workplace in every
aspect and thereby enabling working women to work with
dignity, decency and due respect.
• Not being satisfied with the implementation of the Vishaka
Guidelines, it directed States to put in place sufficient
mechanisms to ensure effective implementation of the Vishaka
Guidelines.
• Finally, the Supreme Court asserted that in case of a non-
compliance or non-adherence of the Vishaka Guidelines, it
would be open to the aggrieved persons to approach the
respective High Courts.
 4) U.S. Verma, Principal and Delhi Public School Society v.
National Commission for Women and Ors. (2009)

• Two teachers, Jayashree Kannan and Shayista Raza, and a former

receptionist Shirni Kaul accused the principal of Delhi Public School,
Faridabad, U.S. Verma, of vindictiveness because they spurned his
sexual advances. The teachers, resigned and are accusing U.S. Verma
of spreading canards against them and scuttling their job prospects.

• "Initially when he patted my shoulder or put an arm around me I

thought it was an appreciative gesture by a 63-year-old man," said
Jayashree who joined DPS in 1995. "But I realized soon that his
physical conduct was not decent and he openly started demanding
sexual favours."

• It was the same with the other two and when the women
complained they were allegedly victimized. Jayashree said her
seniority was brought down, while Shayista's child was denied
admission.
• The Principal U.S. Verma counter-alleged these allegations as
"false, baseless, fabricated and motivated by vested interests,"
and said the charges had been levelled by the staff to hide their
professional incompetence.

• An inquiry by the vice-president of DPS society had found prima

facie evidence against Verma, but no action had been taken
against him. The administration of the school has refused to set
up a committee as per the apex court's guidelines.

• The National Commission for Women and IFHSA (Interventions

for Support Healing and Awareness), a women's organization,
have taken up the case as the apex body for the sexual
harassment at the workplace.
• Further, it has also been alleged that Supreme Court’s guidelines has not
been adhered to, with regard to Vishakha v. State of Rajasthan. Hence, the
administration is also alleged of protecting the accused.

• The Delhi High Court in this case ordered the Delhi Public School (DPS)
Society to compensate three of its teachers, who had alleged sexual
harassment by the principal of Faridabad branch of the school, to the tune
Rs.2.5 lakh each.

• Justice S. Ravindra Bhatt in his order asked DPS to pay Rs.2.5 lakh each to
three of its teachers and Rs.1.5 lakh to another employee of the school
who had accused the then school principal U.S. Verma of sexual
harassment. The teachers were forced to resign from their positions
following the allegation and harassment at the workplace. The court asked
the DPS Society to pay the compensation amount within four weeks.

• The DPS Society also constituted a committee following the 1997 Supreme
Court guidelines that clearly stated that an internal complaint committee
has to be constituted immediately.
Thank You