Training on Prevention of Sexual

Harassment at Workplace

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1. Statistics of Sexual Harassment

2. Need of a Separate Law on Sexual Harassment at Workplace

3. Understanding the Basics of Sexual Harassment

4. Prevention and Prohibition

5. Redressal Mechanism

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Sexual Harassment- A Serious Criminal Offence
Legal Provisions of the IPC Punishment
Section 354 -Assault or criminal force to woman with intent to outrage Imprisonment upto a) 2 years; or
her modesty b) Fine; or c) Both

Section 354A - Physical contact and advances involving unwelcome Imprisonment upto a) 5 years; or
and explicit sexual overtures b) Fine; or c) Both

Section 354D- Following a woman and contact such woman to foster Imprisonment upto a) 5 years; or
personal interaction repeatedly despite a clear indication of disinterest b) Fine; or c) Both
by such woman

Section 294- Showing Obscene Acts and Songs Imprisonment upto a) 3 months ; or
b) Fine; or c) Both
Section 509- Word, gesture or act intended to insult the modesty of a Imprisonment upto a) 1 year; or
woman b) Fine; or c) Both

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 Winner of “Neerja Bhanot Memorial Award” for her extraordinary courage, conviction and
commitment

HER STORY
Bhanwari Devi continues to be ostracized by her village. She lives on the outskirts of the village
Bhateri- Rajasthan, with her husband who’s supported her fight throughout. She now runs a self
help group with other women from her community and works with an NGO to support her
family.

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Vishakha Guidelines
Supreme Court of India in its Judgement of 1997 (Ref: Vishakha and Ors. V State of Rajasthan)
acknowledged that:

 Sexual Harassment is a Human Rights Violation

 Sexual Harassment is a violation of the Constitutionally guaranteed Fundamental Rights such as:

 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

 There was a need for guidelines to fill the legislative vacuum

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Delhi Gang Rape Case 2012
 The Central Government appointed a judicial committee
headed by J. S. Verma (a former Judge of the Hon’ble
Supreme Court) to suggest amendments to the criminal law
to sternly deal with sexual assault cases

 The Cabinet Ministers on 1 February 2013 approved for

bringing an ordinance, for giving effect to the changes in law
as suggested by the Verma Committee Report.

 The Criminal Law (Amendment) Ordinance, 2013 passed

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Introduction of a new Law
 By adopting the Vishakha Guidelines and recommendations of Justice Verma Committee, the
Parliament enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act in 2013 read with The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Rules, 2013

 Supersedes the Vishakha Guidelines for prevention of sexual harassment introduced by the
Supreme Court of India

 Extends to the “Whole of India”

 Only for the protection of “Women at Workplace”

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UNDERSTANDING THE
BASICS

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Who is an ‘AGGRIEVED PERSON’?
 Regular employees

 Temporary employees

 Engaged directly or indirectly (Contract Workers)

 Working for Remuneration or Voluntarily

 Includes a co-worker, contract worker, probationer, trainee, apprentice, visitor

Effectively, an ‘Aggrieved Person’ could be any person working or visiting the organisation.

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What is a ‘Workplace’?
 Any place where one visits in the course of employment

 Office Parties

 Off Sites/ Outbound trainings

 Client meetings

 Training sessions

 Travel for Office Purpose

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Types of Harassment- Hostile Work
Environment
Sexual
Harassment

Physical or
Physical Demand
Sexually Showing Verbal
Contact or Request
Colored Pornograp conduct of
and for Sexual
Remarks hy Sexual
Advances Favors
Nature

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Examples of Sexual Harassment
 Kamini works in a prestigious IT company. Ravi, Kamini’s supervisor often touches her on one or
the other pretext. For example, he adjusts her scarf while she is working on the pretext of
covering her back.

 Kamini is very uncomfortable with his behaviour.

 Her colleagues at workplace ridicule Kamini and mock her for the ‘special treatment’ by her
supervisor. They often gossip about her and Ravi.

Observation: In the above example, the physical touching by Ravi is unwelcome and sexual in
nature. The gossip, which is based on Ravi’s behaviour towards Kamini at the workplace, is
creating a hostile work environment or Kamini.

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Concept of Sexual
Harassment
Is physical contact with the aggrieved woman an essential ingredient for a charge of Sexual
Harassment?

A woman employee had accused a colleague of sexually harassing her, stating that her male colleague
stormed inside the laboratory, held her hand, and snatched a certain sample.

Held: The Supreme Court enlarged the definition of Sexual Harassment by ruling that ‘physical contact
was NOT essential for it to amount to an act of Sexual Harassment’. Similarly, a physical contact which
has no undertone of a sexual nature and is not occasioned by the gender of the complainant may
not necessarily amount to sexual harassment.

(Shanta Kumar Vs Council of Scientific and Industrial Research (CSIR) and Ors., Delhi High Court, 2017)
(Apparel Export Promotion Council v. A.K Chopra, Supreme Court, 1999)

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Types of Harassment- Quid Pro Quo

Other Forms of Harassment

Creating an Humiliating
Promise of Threat of Interference Intimidating Treatment
Preferential Detrimental with Work Offensive or likely to
treatment Treatment Hostile Work affect Health
Environment or Safety

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Examples of Sexual Harassment
 Everyday at lunch time, Kamini finds Ravi, a co-worker, staring at her from distance. Kamini feels
unformattable and asks Ravi to stay away from her.

 However, Ravi’s behaviour persists and always finds a place near her.

 A group of fellow workers now constantly catcall and whistle at Kamini every time she walk her
way to the coffee machine or the canteen.

 When she questions them, they tell her that they are only joking amongst themselves.

Observation: Ogling, stalking and gossiping against Kamini in the above example constitutes a
hostile work environment, a form of Sexual Harassment.

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Examples of Sexual Harassment
 One evening Kamini stays back at work late with her colleague Ravi to complete work for an
important presentation.

 Ravi offers to buy Kamini dinner and later drop her home. After dinner, Ravi proposes to Kamini
that he would like her to spend the night with him.

 Kamini refuses politely but firmly and goes home. Next evening, Ravi repeats his request and on
Kamini’ s refusal, threatens her that if she doesn’t give-in, he will tell everyone that she made a
pass at him.

Observation: Ravi’s treat to Kamini that if she does not agree to his ‘request’ for a sexual favour,
he will in return smear her character constitutes quid pro quo form of Sexual Harassment. Ravi’s
behaviour is unwelcome, sexual in nature and has a negative impact on Kamini.

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In Short….
Sexual Harassment is:

 Any Unwelcome or Uninvited Behavior

 Sexual in Nature

 A Subjective Experience

 Impact not the Intent Matters

A variable range of behaviors is a major reason for difficulty while learning this concept, as even the
victims themselves are unable to express their tragic sexual harassment moments. Thus there is no
single definition which can define prohibited behavior. 

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Examples of Workplace Behaviour that DO NOT amount to Sexual Harassment:

 Following- up on work absences

 Requiring performance to meet job standards

 Normal exercise of management rights

 Work-related stress such as expectations to meet deadlines or quality standards

 Constructive feedback about the work mistake

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Examples of Sexual Harassment
An employee filed a report of Sexual Harassment. After an investigation the ICC did not agree that
harassment occurred. Because harassment was not found, the employee worries that she will be
disciplined.

Are the employee’s worries founded?

 No, an employee will not be disciplined for making a report of what she believes is harassment.
 Harassment, for the lack of better words, is what an employee feels he/she is experiencing.
 ICC can conclude that a particular behaviour was not harassment but inappropriate workplace
behaviour.

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PREVENTION
AND
PROHIBITION

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Responsibility of the Employer
 The Employer shall create a Policy which:

 Prohibits Sexual Harassment at Workplace

 Provides a detailed framework for the Redressal of any
Complaint

 Policy to be Communicated

 Carry out Awareness and Orientation for all Employees

 Widely publicize the Names and Contact Details of

Members of the Internal Complaints Committee

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Responsibility of the Employee
 Read, understand and comply with the Policy

 Report instances of Sexual Harassment to any of the following:

 Members of ICC
 Any Manager in the upward hierarchy

 Abide by the directions given by ICC

 Not to use this Policy to make frivolous or malicious charges against fellow Employees

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Internal Complaints Committee (ICC)
Position Qualification
Presiding Officer / Woman employed at a senior level at the workplace from
Chairperson amongst the employees.

Members At least two (2) Members to be nominated from amongst

employees preferably committed to the cause of women or
who have had experience in social work or have legal
knowledge.

External Member One (1) external Member to be appointed from a NGO or

association committed to the cause of women or person
familiar with issues relating to sexual harassment.

At least one half of the members of the ICC should be females

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 REDRESSAL
MECHANISM

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Who can file the Complaint?
 The aggrieved person himself
 If the aggrieved woman is unable to make a complaint in writing, the ICC to provide assistance
 In Case of Mental Incapacity- Her relative, friend, qualified psychiatrist/ psychologist, guardian or
any other person who has information about the incidence
 In Case of Physical Capacity- Her relative, friend, co-worker or any other person who has
information about the incidence
 In case of Death- Any other person who has information about the incidence with the consent of
the aggrieved woman’s legal heir
 Any other person who has information about the incidence- with the consent of the aggrieved
woman

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Where to file the Complaint?
A complaint of Sexual Harassment can be filed with:

The Supervisor/Member

The HR

Chairperson or any other Member of the Internal Complaints Committee

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The Complaint Mechanism

 Complaint of Sexual Harassment to be:

 Made in writing (6 copies)
 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.
 The time limit may be extended for another 3 months by the ICC.

 The Complaint should contain:

 Name of the Accused
 Name of the Complainant
 Date and Time of the Incidence
 Location of the Incidence
 Working Relationship between Parties
 Names and addresses of Witnesses, if any

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Upon Receipt of Complaint …

 Review the Complaint to ensure:

 It has all the Relevant Information

 The conduct of the Respondent was towards the Complainant and is improper and may form
Sexual Harassment
 The incident occurred in the Workplace or at any location/any event related to Work

 Send a copy of the Complaint to Respondent within 7 days of receipt and demand a response
within 10 days

 Meet up with the Complainant for any Settlement/Conciliation

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Modes of Resolution of Complaint –
‘Conciliation’
 Conciliation can be opted at the choice of the complainant/aggrieved person only

 ICC to initiate conciliation process in the form of:

 Verbal warning
 Counselling
 Educating
 Appoint neutral conciliator to resolve

 No Monetary Settlement

 Forward the details of the Conciliation to the management of the Company

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Modes of Resolution of Complaint- ‘Formal Inquiry’

 Initiate Formal Inquiry

 Interview the Complainant, Respondent, Witnesses
 Conduct Internal Fact Finding and Investigation
 Maintain Confidentiality and Observe Impartiality
 Follow Principals of Natural Justice
 Order Ex-Parte Decision or Terminate the Proceedings if the Complainant or Respondent fail to be
present for 3 consecutive hearings
 Legal Practitioners are not Permitted

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Principles of Natural Justice
 Audi Alteram Partem (Right to be Heard) -
Nobody can be condemned without being
heard

 Nemo in propria causa judex, esse debet

(Rules against Bias) –
The judge must be impartial and act fairly
and in good faith

 Reasoned Decision

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Interim Reliefs
 Transfer the aggrieved person or the respondent
to any other workplace

 Grant leave to the aggrieved person up to a

period of three months

 Excuse the Complainant from reporting to the

accused

 Restrain the accused from submitting any reports

about the complainant

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Nature of Actions against the Respondent
Following actions may be recommended by the ICC:

 Written Apology
 Written Warning
 Reprimand or Censure
 Monetary Fines
 Withholding Promotion
 Withholding of Pay Rise or Increments
 Undergoing a Counseling Session
 Carrying out of Community Service
 Suspension or Terminating the Respondent from Service

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Monetary Compensation

Determination of Compensation:

 Mental trauma, pain, suffering, emotional distress caused

 Loss in career opportunity due to the incident

 Income/financial status of the respondent

 Feasibility of such payment in lump sum or in installments

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Frivolous or Malicious Complaints
 If the allegation against the respondent is malicious or if the person making the complaint has
made the complaint knowing it to be false or has produced any forged or misleading document,
such person will be subject to the same actions which are applicable to a respondent.

 If the ICC comes to the conclusion that any witness has given wrong statement or evidence, it
may recommend the employer to take action against such witness as well.

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Confidentiality

The Act prohibits the disclosure of the:

 Contents of the Complaint;

 Identity and address of Complainant, Respondent and Witnesses;

 Information pertaining to Conciliatory/Inquiry Proceedings or Recommendations of the ICC;

 Action taken by the Employer.

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Appeal
 A person aggrieved by the orders of the ICC or in the case of non-implementation of the orders
may file an Appeal with the following authorities:

 Chief Labour Commissioner

 Additional Chief Labour Commissioners
 Deputy Chief Labour Commissioners

 Either party can chose to seek justice through the regular court of justice also .

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Important Timelines
ACTIVITY TIMELINES
Submission of Complaint Within 3 months of the Last Incident

Notice to the Respondent Within 7 days of Receiving Copy of the Complaint

Completion of Inquiry Within 90 days of Complaint

Submission of Report by ICC to the Within 10 days of Completion of

Employer the Inquiry

Implementation of Recommendations Within 60 days

Appeal Within 90 days of the Recommendations

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THANK YOU!!

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