Prevention of Sexual Harassment of Women at

Workplace (Prevention, Protection and Redressal)

Act, 2013

AWARENESS IS THE BRIDGE BETWEEN

“ACTION AND REACTION”

Presented by:
Major Anurag Dwivedi,
Deputy Superintending Surveyor
Member, ICC
Aggrieved Women

“SEXUAL HARASSMENT IS NOT A JOKE”

Workplace?

“SEXUAL HARASSMENT HAS NO PLACE AT

WORKPLACE”
Sexual Harassment behaviour @ Workplace

UNWELCOME

Often occurs in a
matrix of POWER

Gender based
IMPACT not intent is /Unsavoury Remarks
what matters

A SUBJECTIVE
experience

SEXUAL in nature

“FIRST STEP TO PREVENTION IS RECOGNITION”

Difference between Unwelcome and welcome behaviour

“SILENCE MAY INDUCE VIOLENCE”

IMPACTS…

“WAKE UP & SPEAK UP”

 RIGHTS BEFORE LAW

CONSTITUTION OF INDIA INDIAN PENAL CODE UN-CEDAW

Sec. Sec. India’s

Art 15 294 509 Ratification
Art 14
Sec.
Art 16 354
Sec.
376
 Internal Complaints Committee

50% shall always be women and committee shall hold office for period not exceeding three years
from the date of their appointment.

Chairman Women Working at senior level as employee;

2 members From amongst the employees committed to the cause of women/ having legal
knowledge/experience in social work

1 Member From amongst NGO/ associations committed to the cause of women or a

person familiar with the issue of sexual harassment

“YOUR VOICE MAY SAVE OTHERS LIV

 Local Complaints Committee

50% shall always be women and committee shall hold office for period not exceeding three years
from the date of their appointment.
Chairman Eminent Women in the field of social work and committed to the cause of
women
Member Nominated from among the women working in the block, tehsil or ward

2 members From amongst NGO/ associations committed to the cause of

women/experience in social work.
At least One member should have having legal knowledge. At least one
member shall be woman belonging to SC/ST/OBC/Minority community
Ex-Officio Member The concerned officer dealing with social welfare or women and child
development in the district
COMPLAINT MECHANISM
CONTENT OF COMPLAINT
General Procedure Followed When Complaint Received From The Aggrieved Woman

Complaint to be submitted in CC to conduct inquiry into

6 copies with all details complaint

If conciliation doesn’t
CC to submit a report of its If allegation are not
CC shall send the copy to findings to DO/Employer proved, No action to be taken

occur,
respondent within 7 working within 10 days from the date action against respondent
days. of completion of inquiry.

If allegation are
proved,
In case of false/malicious
CC may recommend to take complaint
Respondent to reply within 10 action against respondents as If witness gives false
days with all proof details per Service Rules applicable/ If malicious intent on part of
evidence/forged documents is
GoI Rules. complainant is established
established

If conciliation occurs,

CC may recommend to take CC may recommend to take

CC to forward the recorded To deduct some sum from his
action against the woman as action against the witness as
settlement to the employer/ salary/wages in accordance
per Service Rules applicable/ per Service Rules applicable/
DO with copy to both the with Sec 15
GoI Rules. GoI Rules.
parties
If employer is unable to
deduct sum from salary
due to some reasons,
If still respondent fails
Respondent to be directed to to pay such sum CC will forward the order as
No Inquiry will be conducted an arrear of land revenue to
pay such sum to the aggrieved
woman directly. the concerned DO.
CC=Complaint Committee (Internal CC/Local
CC)
DO=District Officer
GoI = Gazette of India rules issued by
MoWCD
MoWCD = Ministry of Women and Child
 Important Timelines To Remember
PARTICULARS 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/LCC to the Within 10 days of completion of
Employer/DO the inquiry
Implementation of Recommendations by Within 60 days
Employer/DO

Appeal to the court or tribunal by any aggrieved Within 90 days of the recommendations
person
 With-holding of
Service Rules to be pay increase or
followed as for increments
“misconduct” Additional
recommendations
to address
underlying factors

Disciplinary Actions
PUNISHMENTS…
like Written
Apology And
Warning;
With-holding of
pay increase or
increments

With-holding of
promotion Financial Damages
MONITORING PROCESS- PENALTIES

ANY OFFENDER ANY PERSON

In case of Contravention Publicising the complaint etc

repeating same offence

DOUBLE PUNISHMENT UPTO RS. 5000/-

“Make at least one person happy in a day, choose yourself.”