Professional Documents
Culture Documents
Sexual Harassment Act - Duties
Sexual Harassment Act - Duties
constituting an ICC.
2
Most organisations have created an internal complaints
committee, a very few of the organisations are aware of
the fact that they must constitute an ‘Internal Complaints
Committee’ (“ICC”) at each office or branch that employs
at least 10 employees.
3
Some organisations already have anti-sexual harassment
policy. The basic principles of anti-sexual harassment law
remain the same and there is no harm in considering the
best practices of the industry globally.
4
The Sexual Harassment Act requires the employer to treat
any instances of sexual harassment as misconduct under
the rules of employment.
5
Do you display conspicuously at the workplace, the
penal consequences of indulging in acts that may
constitute sexual harassment and the composition
of the Internal Complaints Committee?
6
Certain businesses are required to file an annual report
with a government body – for example, companies must
file their annual reports with the Registrar of Companies.
Similarly, public trusts and societies are also required to
file such reports with the Charity Commissioner or the
Registrar of Societies. In such cases (where annual reports
are to be filed), information about sexual harassment
must be included in the annual report.
7
Sometimes the person involved in the harassment is not
under control of the employer – thus, the employer has
extremely limited ability to assist the woman through the
ICC mechanism. But, that does not absolve the liability of
the organisations, in such cases, if the woman requests, the
employer is obligated under the law to provide adequate
assistance to her in approaching the police and filing an FIR.
8
Provision of a venue where ICC proceedings can be carried
out in a confidential manner.
Providing necessary logistical support in terms of furniture
and stationery, access to secure communication (internet,
phone connections, postal services) access to company
policies and manuals, any basic legal literature which is
possessed by the employer, etc.
9
An employer who fails to constitute an ICC as per the Sexual
Harassment Act will be liable for a monetary penalty of up to
INR 50,000 if a complaint is made to the magistrate.
10
FACTS & ISSUE RATIO DECIDENDI GIST /JUDGMENT
Whether Internal Complaints State of Rajasthan Vs. B.K. Meena Appellant sought to make vague
Committee had jurisdiction to (1996) 6 SCC 417 reiterating that allegations about the inquiry now
principles of natural justice do not require
investigate into the complaint underway being biased. Director of
that the employer should wait for the
after filing of FIR ? decision of the Criminal Court before Education has no any animosity
Appellant has been employed in taking disciplinary action against the with the appellant. Even if the
the respondent No. 1 School employee. (ii) Capt. M. Paul Anthony Vs. report of the inquiry now underway
Attendance of the appellant had Bharat Gold Mines Ltd. (1999) 3 SCC is against the appellant and the
been tampered with 679 That the proceeding in a criminal case said report is accepted by the
On complaint principal abused her and the departmental proceeding can Disciplinary Authority of the
proceed simultaneously.
and also attempted to slap her respondent No. 1 School, the
An FIR was registered The criminal prosecution is launched for appellant, against that also will
Inquiry by Internal Complaint an offence for violation of a duty the have the remedy of appeal to the
Committee was conducted without offender owes to the society, or for breach Delhi School Tribunal constituted
the consent of the appellant and in of which law has provided that the under Section 11 of the Act supra
utter violation of the principles of offender shall make satisfaction to the and which is presided over by an
natural justice public. It was held that the crime is an act equivalent of District Judge or
of commission in violation of law or of
Manager of the School issued a Judicial Officer. Allegations of bias
omission of public duty.
show cause notice made are not only mis-founded but
Per contra, the departmental inquiry is without any merit--Appeal is
to maintain discipline in the service and dismissed.
efficiency of public service.
11
S.No. R.K. Pachauri Consequence
1. 13 Febraury 2015 – FIR filed by Resignations of two executives last week; and
Woman Research analyst of Teri an assistant professor of chemistry at St.
(Staffer at Green Peace India) Stephen’s College who is currently fighting
against R.K. PACHAURI former criminal charges brought by a Delhi
chairman of the Intergovernmental University student.
Panel on Climate Change and ex-
director of The Energy and Delhi court allowed him to enter all TERI
Resources Institute (TERI) alleging premises except the headquarters, where the
Rape and sexual harassment, director general's office is located, and the
criminal intimidation. Gurgaon office, where the complainant is
posted.
13
S.No. A. K. Ganguly Consequence
14
S.No. K.S. Dubey Consequence
4. KS DUBEY – According to a letter received from collector,
In August 2015 FIR against The there were complaints at regular interval which
Child Welfare committee (CWC), came to be known through newspapers
Bhopal, chairperson. Charges of regarding disclosing of identities of children,
sexually harassing a woman, harassment of children and affecting the
besides harassing children interest of shelter homes," stated the letter.
The other complaints include insensitive
behaviour with children and failing in preparing
child care plan.
Following the complaints, divisional
commissioner and district collector probed the
matter. In the probe letter it was found that
Dubey had misused his post and had not
performed his duties according to JJ Act. He
abused his official powers under the Juvenile
Justice (Care and Protection of Children) Act,
2000.
15
Reported at office premises 57
16
Vishaka Guidelines
versus
17
Vishaka Guidelines in Supreme Court The Sexual Harassment of Women at
1997 Workplace (Prevention, Prohibition
and Redressal) Act, 2013
18
Vishaka Guidelines in Supreme Court The Sexual Harassment of Women at
1997 Workplace (Prevention, Prohibition
and Redressal) Act, 2013
19
Vishaka Guidelines in Supreme Court The Sexual Harassment of Women at
1997 Workplace (Prevention, Prohibition
and Redressal) Act, 2013
20
Vishaka Guidelines in Supreme Court The Sexual Harassment of Women at
1997 Workplace (Prevention, Prohibition
and Redressal) Act, 2013
22
Vishaka Guidelines in Supreme Court The Sexual Harassment of Women at
1997 Workplace (Prevention, Prohibition
and Redressal) Act, 2013