The Sexual Harassment of women at workplace

[Prevention, Prohibition & Redressal] Act, 2013

 2

Contents
 Background  Internal Compliant
 Objectives Committee
 Applicability  Roles &
 Responsibilities of the
Definitions
Committee
 Duties of Employers
 Procedure of conducting
 Compliant Redressed enquiry into the
Process Compliant Penal
provisions
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Sexual Harassment is not..

• A “women’s thing”

• A passing fad

• Something to joke about

• Something to be ignored

• A cause for paranoia and fear

It’s a legal requirement to prevent,

prohibit and address this issue at
“Workplace”

1. Background
Bhanwari Devi
Indian Dalit Woman
Village Bhateri, Rajasthan
Winner of “Neerja Bhanot Memorial
Award” for her "extraordinary courage,
conviction and commitment”
4
 This case of Vishaka vs. State of Rajasthan
 Bhanwari Devi, a Dalit woman who was a social
worker employed with the Rural Development
Programme of the Government of Rajasthan
 She was gang-raped for doing the noble act
of preventing child marriage.
 This incident gained momentum among various
social activists and NGOs, enforcing the necessity
for specific legislation for sexual harassment of
women at the workplace in the light of Gender
Equality.
 On considering the absence of domestic law
regarding gender equality and protection from
sexual harassment at the workplace, the Court
formulated the guidelines. (Vishaka Guidelines)
5
 The judgment of August 1997 provided the basic definitions of Sexual
Harassment at the workplace and provided guidelines to deal with it. It is
seen as a significant legal victory for women's groups in India
 7

“Sexual Harassment violates a woman’s right

in the workplace and is thus not just a matter of
personal injury”
 8

ARRANGEMENT OF SECTIONS
OBJECTIVES
1. Sexual harassment at a workplace is considered violation of women’s right to equality, life and liberty. It creates 10

an insecure and hostile work environment, which discourages women’s participation in work, thereby adversely
affecting their social and economic empowerment and the goal of inclusive growth.

2. With more and more women joining the workforce, both in organized and unorganized sectors, ensuring an
enabling working environment for women through legislation is felt imperative by the Government. The proposed
legislation contains provisions to protect every woman from any act of sexual harassment irrespective of whether
such woman is employed or not.

3. To comply with the directives of Hon’ble Supreme Court of India requiring all employers to develop and
implement a policy for prevention of sexual harassment at the workplace

4. To evolve a permanent mechanism for the prevention and redressal of sexual harassment cases and other acts of
gender based violence at the workplace.

5. To follow and implement the Act enjoining all employers to constitute an “Internal Complaints Committee” and
lay down guidelines for redressal of complaint related to sexual harassment of Women at the workplace.
 11

CHAPTER I CHAPTER II CHAPTER III

(Preliminary) (Constitution of (Constitution of local complaints
internal complaints committee)
committee) 5. Notification of District Officer.
1. Short title, extent
and 6. Constitution and jurisdiction of Local
commencement 4. Constitution of Committee
2. Definitions. Internal Complaints
Committee. 7. Composition tenure and other terms
3. Prevention of and conditions of Local Committee.
sexual
harassment. 8. Grants and audit.
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CHAPTER IV CHAPTER V (Inquiry into complaint)

(Complaint)
12. Action during pendency of inquiry.
13. Inquiry report.
9. Complaint of
sexual harassment. 14. Punishment for false or malicious complaint
and false evidence.
15. Determination of compensation.
10. Conciliation. 16. Prohibition of publication or making known
contents of complaint and inquiry proceedings.
11. Inquiry into 17. Penalty for publication or making known
complaint. contents of complaint and inquiry proceedings.
18. Appeal
 13

CHAPTER VI CHAPTER VII

(Duties of employer) (Duties and powers of
district officer)
19. Duties of
employer. 20. Duties and
powers of District
Officer
 14

CHAPTER VIII (Miscellaneous)

21. Committee to submit annual report.

22. Employer to include information in annual report.
23. Appropriate Government to monitor implementation and maintain data.
24. Appropriate Government to take measures to publicize the Act.
25. Power to call for information and inspection of records.
26. Penalty for non-compliance with provisions of Act.
27. Cognizance of offence by courts.
28. Act not in derogation of any other law.
29. Power of appropriate Government to make rules.
30. Power to remove difficulties.
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CHAPTER I
Short title, extent and commencement.—

1) This Act may be called the Sexual

Harassment of Women at Workplace
(Prevention, Prohibition and Redressal)
Act, 2013.

2) It extends to the whole of India.

3) It shall come into force on such date1 as

the Central Government may, by
notification in the Official Gazette,
appoint.
 16

DEFINITIONS
WHAT IS SEXUAL HARASSMENT?
 Sexual harassment is a discriminatory and unwelcome behavior
of sexual nature. It could be in the form of pressure for sexual
favors, unwanted sexual advances, verbal or physical conduct
that has sexual overtones.

 When rejection of or submission to such behavior is used/capable

of being used as a threat to the employment/academic
performance/career progression of women, it becomes a clear
case of sexual harassment.

 When such unwelcome behavior creates a hostile, intimidating or

offensive work/study environment, and interferes with the
work/academic performance of women, it certainly is sexual
harassment.
 19

Aggrieved Woman- -
 As per the POSH Act, an ‘aggrieved woman’ in relation to a
workplace, is a woman of any age, whether employed or not, who
alleges to have been subjected to any act of sexual harassment.6
Given that the definition does not necessitate the woman to be an
employee, even a customer/client who may be sexually harassed at a
workplace can claim protection under the POSH Act.
 21

Covered bodies-

✘ The POSH Act applies to both the organized and unorganized

sectors in India. It inter alia, applies to government bodies, private
and public sector organizations, nongovernmental organizations,
organizations carrying out commercial, vocational, educational,
entertainment, industrial, financial activities, hospitals and nursing
homes, educational institutes, sports institutions and stadiums used
for training individuals and also applies to a dwelling place or a
house.
 22

Employee-

✘ The definition of an ‘employee’ under the POSH Act is fairly wide

to cover regular, temporary, ad hoc employees, individuals engaged
on a daily wage basis, either directly or through an agent, contract
laborers, co-workers, probationers, trainees, and apprentices, with or
without the knowledge of the principal employer, whether for
remuneration or not, working on a voluntary basis or otherwise,
whether the terms of employment are express or implied.
 23

Workplace -
While the Vishaka Guidelines were confined to the
traditional office set-up, recognizing the fact that
sexual harassment may not necessarily be limited to
the primary place of employment, the POSH Act has
introduced the concept of an ‘extended workplace’. As
per the POSH Act, ‘workplace’ includes any place
visited by the employee arising out of or during the
course of employment, including transportation
provided by the employer for the purpose of
commuting to and from the place of employment
Duties of Employers 24

i. Provide a safe working environment at the workplace which shall include safety from the
persons coming into contact at the workplace;
ii. Display at any conspicuous place in the workplace, the penal consequences of sexual
harassments; and the order constituting, the Internal Committee;
iii. Organize workshops and awareness programs at regular intervals for sensitizing the employees
with the provisions of the Act and orientation programs for the members of the Internal
Committee in the manner as may be prescribed;
iv. Provide necessary facilities to the Internal Committee, as the case may be, for dealing with the
complaint and conducting an inquiry;
v. Assist in securing the attendance of respondents and witnesses before the Internal Committee;
vi. Make available such information to the Internal Committee, as it may require having regard to
the complaint; vii. Provide assistance to the women of she so chooses to file a complaint in
relation to the offence under IPC (45 of 1860) or any other law for the time being in force;
vii. Cause to initiate action, under the Penal Code (45 of 1860) 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 at workplace;
viii. Treat sexual harassment as a misconduct under the service rules and initiate action for such
misconduct;
ix. Monitor the timely submission of reports by the Internal Committee.
 25

Complaint Redressal Process

Constitution of Internal Complaints Committee
• A Complaints Committee consisting of 5 members has been constituted
known as the “Internal Complaints Committee” for redressal of any
such issues.

• The Internal Committee will preferably comprise of-

 a senior level woman employee nominated as a Presiding Officer,

 one HR representative,
 one female representative,
 one legal representative and
 one member from NGO background.
 At least half or more than half committee members shall be women.
 26

PROCEDURE
 27

Any aggrieved woman may make, in writing, a complaint of sexual

harassment at workplace to the Internal Committee within a period of
three months from the date of incident and in case of series of incidents,
within a period of three months from the date of last incident
 28

The Internal Committee before initiating an enquiry 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).

i. Where a settlement has been arrived, the Internal Committee, shall

record the settlement so arrived and forward the same to the employer
to take action as specified in the recommendation.

ii. The Internal Committee, shall provide the copies of the settlement as
recorded to the aggrieved woman and the respondents.

iii. Where a settlement is arrived, no further inquiry shall be conducted

by the Internal Committee.
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Let’s review some concepts
Yellow
Is the color of gold, butter and
ripe lemons. In the spectrum of
visible light, yellow is found
between green and orange.
Yellow
Is the color of gold, butter and
ripe lemons. In the spectrum of
visible light, yellow is found
between green and orange.
Blue
Is the colour of the clear sky and
the deep sea. It is located
between violet and green on the
optical spectrum.
Blue
Is the colour of the clear sky and
the deep sea. It is located
between violet and green on the
optical spectrum.
33
Red
Is the color of blood, and
because of this it has historically
been associated with sacrifice,
danger and courage.
Red
Is the color of blood, and
because of this it has historically
been associated with sacrifice,
danger and courage.
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JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

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gold, butter and ripe milk and fresh snow clear sky and the deep danger and courage ebony and of outer of gold, butter and
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 40

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STRENGTHS WEAKNESSES
Blue is the colour of the clear Yellow is the color of gold,
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Black is the color of ebony White is the color of milk and

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