CONSTITUTIONAL

PROVISIONS FOR
PROTECTION OF WORKING
WOMEN
AGAINST SEXUAL
HARASSMENT

Is this Sexual Harassment at

the Workplace?
He stares up and down my body while talking to me
Male colleagues pass comments with sexual undertones in my

presence
He tries to touch me from the back while work on the computer
When shaking hands with me, he holds my hand a little longer
than normal
My co-worker brushes against me while walking down the stairs
I find obscene messages on my table, email, telephone
Graffiti and comments with sexual overtones are scribbled on
the walls of our office staircase and on our lift walls
My boss/colleague keeps pestering me to go out with him for
dinner or coffee

What is a workplace?
This is not limited to the four walls of the

office but extends to any place outside

the office where working relationships
exist.
Saurabh Kumar Mallick Vs. The
Comptroller and Auditor General of India
and Anr, 2008

PREAMBLE TO THE
CONSTITUTION
We the people of India, having solemnly
resolved to constitute India into a sovereign
socialist secular democratic republic and to
secure to all its citizens

Preamble contd.,

JUSTICE, SOCIAL, ECONOMIC AND

POLITICAL;
Liberty of thought, expression, belief, faith and
worship;

Equality of Status and Opportunity;

And to promote among them all
Fraternity assuring the dignity of the
individual and the unity and integrity of the
nation

Part III - FUNDAMENTAL

RIGHTS
Right to Equality
Article 14 Equality before the law - The State
shall not deny to any person equality before
the law or the equal protection of the law
within the territory of India
Article 15 Prohibition of Discrimination on
grounds of religion, race, caste, sex or place of
birth (1) The State shall not discriminate
against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them.

Fundamental Rights contd.,

Article 16 Equality of opportunity in matters of

public employment 1) There shall be equality
of opportunity for all citizens in matters relating
to employment or appointment to any office
under the state
(2) No citizen shall, on grounds only of
religion, race, caste, sex, descent, place of birth,
residence or any of them, be ineligible for, or
discriminated against in respect of, any
employment or office under the State.

Fundamental Rights Contd.,

Right To Freedom
Article 19 Protection of certain rights regarding
freedom of speech, etc. (1) All citizens have
the right - (g) to practice any profession, or to
carry on any occupation, trade or business
Article 21 Protection of Life and Personal
Liberty - No person shall be deprived of his life
or personal liberty except according to
procedure established by law.

Fundamental Rights cont.,

Right To Constitutional Remedies
Article 32 Remedies for enforcement of rights
conferred by this Part (1) The right to move the
Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is
guaranteed.
(2) The Supreme Court shall have power to issues
directions or orders or writs, including writs in the nature
of habeus corpus, mandamus, prohibition, quo warranto
and certiorari, whichever may be appropriate, for the
enforcement of any of the rights conferred by this Part

Special Provisions for women

Article 15 (3) Nothing in this article shall

prevent the State from making any special
provision for women and children
Article 16 (4) Nothing in this article shall
prevent the State from making any provision for
the reservation of appointments or posts in
favour of any backward class of citizens which,
in the opinion of the State, is not adequately
represented in the services under the State.

Part IV - DIRECTIVE
PRINCIPLES OF STATE
POLICY
Article 39 Certain principles of policy to be followed by

the State The State shall, in particular, direct its policy

towards securing (a) that the citizens, men and
women equally, have the right to an adequate means to
livelihood;
(d) that there is equal pay for equal work for both men
and women;
(e) that the health and strength of workers, men and
women, and the tender age of children are not abused
and that citizens are not forced by economic necessity to
enter avocations unsuited to their age or strength;

DPSP contd.,
Article

41 Right to work, to education

and to public assistance in certain cases
The State shall, within the limits of its
economic capacity and development,
make effective provision for securing the
right to work, to education and to public
assistance incases of unemployment, old
age, sickness, and disablements and in
other cases of undeserved want.

DPSP contd.,

Article 42 Provision for just and humane

conditions of work and maternity relief The
State shall make provision for securing just and
humane conditions and for maternity relief.
Article 51 Promotion of international peace
and security The State shall endeavour to (c)
foster respect for international law and treaty
obligations in the dealings of organised peoples
with one another;

Part IV A FUNDAMENTAL
DUTIES
Article

51 A Fundamental Duties It
shall be the duty of every citizen of India
(a) to abide by the Constitution and
respect its ideals and institutions, the
National Flag and the National Anthem;
(e) to promote harmony etc; to renounce
practices derogatory to the dignity of
women;

CONVENTION FOR THE

ELIMINATION OF ALL FORMS
OF DISCRIMINATION
AGAINST WOMEN
Article 1 Discrimination is any distinction,
exclusion or restriction made on the basis
of sex which has the effect of nullifying or
impairing the recognition or enjoyment by
women of their human rights and
fundamental freedoms.

General Recommendation 19
(11th session 1992) Violence
Against
Women
7. Gender-based violence, which impairs or nullifies

the enjoyment by women of human rights and

fundamental freedoms under general international
law or under human rights conventions, is
discrimination within the meaning of article 1 of the
CEDAW. These rights and freedoms include:
a) The right to life;
b) The right not to be subjected to torture or to cruel,
inhuman or degrading treatment or punishment;
d) The Right to liberty and security of person;
e) The Right to equal protection under the law;
h) The right to just and favorable conditions of work

Recommendations contd.,
Article

11 Equality in Employment
17. Equality in employment can be
seriously impaired when women are
subjected to gender-specific violence,
such as sexual harassment in the
workplace.

Recommendations contd.,

Sexual harassment includes such unwelcome sexually

determined behaviour as physical contact and
advances, sexually colored remarks, showing
pornography and sexual demand, whether by words
or actions. Such conduct can be humiliating and
may constitute a health and safety problem; it is
discriminatory when the woman has reasonable
grounds to believe that her objection would
disadvantage her in connection with her
employment, including recruitment or promotion, or
when it creates a hostile working environment.

Recommendations contd.,
Specific

Recommendations
24 j) State parties should include in their
reports information on sexual harassment,
and on measures to protect women from
sexual harassment and other forms of
violence or coercion in the workplace.

The Supreme Court Judgment

Vishaka and Others vs the State of Rajasthan

1997
August 13th 1997
A woman employee of a Govt. Sponsored
Development programme child marriage faced
repeated sexual harassment ending in rape
No support from her superiors, including the
district administration and the police
Leading social activists and organisations filed a
writ petition in the Supreme Court of India

Uniqueness of the guidelines

They recognise:
that sexual harassment at the workplace is a reality which happens
to many women workers. It cuts across professions, social strata
and levels of skills
The focus is on the impact of the harassment than on the intent of
the harasser
The law for the first time recognises sexual harassment as a
Human Rights violation.
The onus is on the employer to prevent sexual harassment and to
provide the procedures for resolution, settlement or prosecution of
such acts
The emphasis is on prevention and creation of a safe, equal and
gender friendly workplace through awareness of both employer and
employee
The Guidelines are legally binding and must be enforced

Definition of Sexual Harassment

The

Supreme Court defines Sexual

Harassment as any unwelcome
physical contact or advance
demand or request for sexual favour
sexually colored joke or remark
display of pornography
Any other unwelcome physical, verbal or
non-verbal behaviour with sexual
overtones.

The sexual harassment of women at workplace

(Prevention, Prohibition and Redressal) Act, 2013
Sexual

harassment definition same as in

CEDAW and Vishaka decision
workplace includes public and private
sector, ngo, health services, educational
institutions, hospitals and nursing homes,
entertainment, sports institutes, stadiums,
including transportation provided by
employer

The 2013 Act

S.

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 behaviour of sexual harassment
may amount to sexual harassment

Section 3. (2)

(i) implied or explicit promise of preferential

treatment in her employment; or
(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

Constitution of Internal
Complaints Committee

Section 4 (1) every employer shall, by an order in writing,

constitute a Committee to be known as the Internal
Complaints Committee
(2) It shall consist of (a) Presiding Officer who shall be a
woman employed at a senior level at workplace from
amongst the employees (b) not less than 2 members
form amongst employees preferably committed to the
cause of women etc
(c) one member from ngo or assns committed to the
cause of women
Provided at least one half of the total shall be women.

NLSIU
Code to Combat Sexual
Harassment

Came

into force in September 2002

High Court of Karnataka has upheld the
constitutionality of the Code
Preamble Striving for a campus in which
every person feels respected and can lead
a life of dignity, free from vulnerability
Endeavoring to ensure that each member
of the community can live a life free from
sexual harassment

NLSIUs Code to Combat Sexual

Harassment

Sexual Harassment is prohibited and shall be

dealt with under these rules. Zero tolerance of
sexual harassment in and by NLSIU
Scope all instances occurring on the NLSIU
campus, irrespective of the parties
Between or among members of the NLSIU
community, irrespective of the location
An instance committed by or against a third
party involved in an activity pertaining to the
university, irrespective of their location

Definitions under the Code

Unwelcome

Sexual conduct any

unwelcome sexual advances, unwelcome
acts of physical intimacy, unwelcome
requests for sexual favors, including oral,
textual, graphic representations of a
sexual nature to a person, in a persons
presence, whether or not the
representation concerns that person,
about a person

Definitions contd

Sexual Harassment A person shall be guilty of

sexual harassment when s/he indulges
persistently in conduct known to her/him to be
unwelcome sexual conduct or should reasonably
have been known to such person to be
unwelcome sexual conduct or s/he indulges in
conduct that may reasonably be perceived by
the victim as unwelcome sexual conduct
Abetment of sexual harassment shall be
deemed to be sexual harassment

Definitions contd
Victimisation

shall be understood to mean

any adverse action by an individual, group
of individuals or organisation against
individuals because they have, in good
faith, reported instances of sexual
harassment or participated in or have
been witnesses to proceedings to redress
an alleged instance of sexual harassment.

Recourses under the Rules

Resolve the matter through the mechanism laid

down in the Code
Take recourse to any other institutional,
civil/criminal remedies available to her/him in the
University as under the law
After consultation with the facilitator the
aggrieved person can request mediation with the
consent of both the parties
The aggrieved party can choose to request
corrective action, then the matter will be referred
to the Sexual Harassment Inquiry Committee.

Corrective Actions
(a)

For Students
Warning, reprimand or censure
Public written apology
Community Service
Curtailment of Priviliges
Bar on representing the University
Removal or bar from holding any position of
responsibility
Suspension for three weeks to a max of one year
Rustication from the university
Fine upto Rs. 2500
Mandatory attendance in a Sexual Harassment
workshop/counseling programme

Corrective Actions contd

(b) For Faculty/Staff
Warning, reprimand or censure
Public written apology
Termination
Suspension
Withholding increments and promotions
Demotion
Fine upto Rs. 5000/ Transfers

Corrective Actions

For both students and Faculty/Staff

Criminal Proceedings when any alleged
instance of SH amounts to a specific cognizable
offence under the IPC or any other law, the
University may in addition to the proceedings
under the Code, initiate appropriate proceedings
in accordance with the law by making a
complaint with the appropriate authorities
If it is misconduct in employment then
appropriate disciplinary action shall be initiated
by the University in accordance with the rules.