The Sexual Harassment of Women

at Workplace (Prevention,
Prohibition and Redressal) Act,
2013
Act notified with the Rules with effect from December 9, 2013

Dr. R. Krishna Murthy,

Director,
Industrial Relations Institute of India
09820303236
srmdrrk@gmail.com
1
 Sexual Harassment at the Workplace
• Sexual Harassment or ल गक छळ in Marathi or
यौन उ पीड़न in Hindi is a subject that requires
a lot of understanding in the Indian context.
Organisations need to sensitise the workforce
to this aspect of relationships. India is the land
of the Ramayana and Mahabharata, both epics
that have central issues pertaining to how
women have been treated and in fact pertain to
rectification of the wrong committed, which
involved a major battle to avenge the wrong. So
the law on sexual harassment is not new to
those who are familiar with the Indian ethos.
2
 Discrimination, Harassment and
Sexual Harassment
• Discrimination means due to certain
characteristics of the person he is treated
differently. It may be religion, caste, creed,
race,etc.
• Harassment is the wrongful treatment of a
person being subjected to unfair or unjust
consequences
• Sexual harassment is the wrongful treatment
and consequences for spurning sexual advances
and putting the person to great turmoil or
difficulty or prejudice, as a consequence.

3
 PRESENT SITUATION

• By and Large Cases of Sexual Harassment that occur at work place

do not get reported by the complainant for fear of perceived social
stigma.
• In most cases the respondent denies the charges of the
complainant.
• Organizations need to respond quickly and also handle such
complaints and problems with speed and élan. In many cases,
counselling and support to the victim by the female members of the
committee helps and they can assess the case and advise on merits.
This informal interaction will also guide the individual to determine
whether a formal complaint should be filed or the conciliation
proceedings invoked. In many cases, the person is happy if the
accused is cautioned or warned, without disclosing the identity of
the complainant. Where the victims are afraid of backlash, the
committee and organisation must put steps in place to see that no
complainant is intimidated or subjected to retaliatory action by way
of poor assessments, adverse reports or vindictive action from the
respondent. 4
 Implications of the New Act
• Sensitising the male workforce to the legal aspects
and dimensions emerging from the Act with serious
consequences to actions, that may have been
prevalent earlier and not uncommon.
• Overcoming some traditional mindsets and beliefs or
more precisely assumptions for example a M.C.
comment
“When a woman says ‘No’, she actually means ‘Yes’”.
“Women, who traditionally did not take notice or press
for written complaints, will now because of the Act
and developments respond and this will alter the
existing paradigm for the better or worse depending
on whether you are a male or a female.”
5
 Challenges for the organisation.
• The Law creates an environment where women
know their rights and can take the organisation to
task if it is found wanting to Act on complaints of
Sexual Harassment.
• A reluctance to complain and come into the
limelight is still a formidable barrier to overcome
and inspite of the Act, in the Indian society, a lady
who complains cannot take support from her
family, colleagues at work or society for granted.
The need to go through a formal process is also
intimidating. 6
 Harassment at the workplace
Common and uncommon things that take place:
• Roving Eye Disease and Elevator Eye Syndrome – Looking a lady up and down, -
staring continuously - not permissible and can constitute an offence. Not
permissible even if you are wearing dark goggles and ogling is an offence.
Scanning and creating discomfort with scanner frequently getting locked on the
breast! Staring may be clueless and annoying, but generally, staring would not be
classified as sexual harassment. But it can become one issue in a complaint of
sexual harassment.
• Lecherous Lothario Syndrome –
Who is a Lothario? Merriam Webster defines a Lothario as a Casanova, Lecher,
Lounge Lizard, Philanderer, Wolf, Satyr or a Womanizer.
What is Lecherous ? It is showing an excessive of disgusting interest in sex.
Uninvited and unwarranted touching or attempting physical contact on the sly and
stalking a woman is typical of a lecherous lothario. Indian example or Ignominy:
Governor or Andhra Pradesh, N. D. Tiwari resigned after a CD showing his
sexcapade emerged and he was also involved in a Paternity suit, that ended
following his owning up his “son” after he was compelled to undergo a DNA test.
Bill Clinton who denied his sexcapade with Monica Lewinsky. 7
 Alpha Male Syndrome:

In the Alpha Male Syndrome, Kate Ludeman and Eddie

Erlandson tell us that alpha males “are aggressive, results-
driven achievers who insist on top performance from
themselves and others.”1 At the extreme, “alpha anger is
explosive, alpha competitiveness is ruthless, and alpha
aggressiveness and urgency is in the red
zone.”2 Importantly, Ludeman and Erlandson continue,
“the alpha male drive for dominance that once assured
the survival of the toughest has become increasingly
maladaptive”
Arnold Schwarzenegger, in the US of A, Salmaan Khan
from India or even Amitabh Bachhan can be considered as
Alpha Male types.
Alpha Males clamour for attention and dominate.
Dominance and aggressiveness can be misinterpreted. 8
Common Harassment at workplace
• Passing lewd comments when the lady walks by
or in her earshot – cat-calls, wolf-whistles,
winking or brushing against the lady allegedly by
mistake, but done deviously for physical contact.
• Making annoying calls, late night calls only to
the women employees, sending sms’s, emails
and one-way display of affection, following the
person (stalking) during working hours, lunch or
after the working hours with a view to start a
relationship all fall within the categorisation of
“unwelcome advances”

9
 Some things not done
• Making personal comments about women
employees in a group – in her presence or
behind her back – Weight, shape, dressing,
make up, hair style, etc.
• Asking for explanation in a group about some
failure or wrong doing before other team
members.
• In a male group, discussing the females and
asking who is going around with whom and
going into their personal lives.
10
Handling Complaints of Sexual Harassment at the
Workplace
Harassment at the Workplace: Air India Case
The Indian environment – Sexual Harassment – Perquisites and
Privileges misconstrued and behaviour not in keeping with
traditional norms.
Lady Secretaries, working and travelling together and office
affairs are not new in the Indian environment. But when the
official power and authority is exercised to secure a sexual
favour or benefit, it amounts to harassment.
Shape Up or Ship Out – Comment by the CEO – How is it
perceived by the lady employee – Subjective assessment
matters.
Complaint of Sexual Harassment by Male – not taken cognisance of under
Act but may be acted upon by the Company under its own guidelines.
SMS by Vice President that led to a complaint of Sexual Harassment – What
constitutes Evidence in complaints of sexual harassment.
11
 Delhi High Court – Every Physical
Contact not Sexual Harassment
The verdict was on an appeal by an employee of the Council of Scientific and
Industrial Research (CSIR), W.P.(C) 8149/2010 Decided On: 31.10.2017
Shanta Kumar vs. Council of Scientific and Industrial Research (CSIR) and Ors.
(31.10.2017 - DELHC) : MANU/DE/3392/2017who had levelled charges of sexual
harassment against a colleague who had "held her hand and pushed her out of the
laboratory".
If your colleague holds your hand during an "altercation" then that touch itself
cannot be termed as "sexual harassment", because any physical contact to be
termed as sexual in nature must be "unwelcome sexually determined behaviour,"
ruled Justice Vibhu Bhakru of Delhi High Court.
The verdict was on an appeal by an employee of the Council of Scientific and
Industrial Research (CSIR), who had levelled charges of sexual harassment against a
colleague who had "held her hand and pushed her out of the laboratory".
The employee had taken up the matter with the complaint committee of the
organization and the Disciplinary authority, both of which absolved the accused of all
charges of sexual harassment.
Justice Bhakru ruled that "all physical contact cannot be termed as sexual
harassment and only a physical contact or advances which are in the nature 12of an
“unwelcome sexually determined behaviour” would amount to sexual harassment."
 Main reading of the Order
This Court does not find that the said conclusion to be perverse
or without application of mind as was contended on behalf of
the petitioner. This Court finds no merit in the present petition.
The same is, accordingly, dismissed," stated Justice Bhakru.

The Delhi HC, however, noted that " undoubtedly, physical

contact or advances would constitute sexual harassment," but
only if such a behaviour is part of a "sexually determined
behaviour. Even though unwelcome, would not amount to sexual
harassment”."Mere accidental physical contact, even though
unwelcome, would not amount to sexual harassment," reads the
judgment.
13
Doctor’s Touch Not Sexual Harassment
The Division Bench of the Bombay High Court of the Acting Chief Justice Ms. Vijaya Kapse
Tahilramani and Justice Makarand Karnik have quashed the charges of sexual harassment
against the Doctor against whom the patient had filed charges of improper touch while
diagnosing her complaint of pain in her hand and shoulders. The Court held that it cannot be
said that the conduct of the doctor was something which in the given facts and circumstances
no medical professional in his ordinary senses and prudence would have done... looking to the
medical complaint with which the complainant lady approached the doctor, it was necessary
for him to hold her hands and to touch her shoulders," said the bench. The court also pointed
out that the complainant's young son as well as a woman compounder was present at the
time of the medical examination.
In her complaint, she said that the doctor made her sit on the examination table and told her
to hold his fingers with both her hands, which she did on April 29, 2016. He then pressed her
hands as well as shoulders. Subsequently, he told her that Vitamin D3 and D12 injections had
to be given to her hip. She said that she did not feel that the doctor's touch was appropriate
and therefore lodged the first information report at Navghar police station.
An expert Medical Committee consisting of three doctors of Sir J.J. Hospital also had a similar
finding. "We are of the view that no offence is made out," the bench held. It cited a Supreme
Court judgment which said that when allegations in the FIR are not supported by evidence,
then such an FIR could be quashed.
14
 The Prevention of Sexual Harassment at
the Workplace Act, 2013 and Rules
notified on December 13, 2013.
Ø Pursuant to the enactment of the law, any complaint
of sexual harassment by a women will be referred to an
Internal Complaints Committee, within the organisation
or will by default mode go to the “Local Complaints
Committee” that will be set up under the Act, which will
take cognisance of any complaint within 7 days of
receipt. Complaints in companies having less than 10
workers and which have not constituted any Internal
Complaints Committee will also go to the Local
Complaints Committee. If you have not constituted your
own internal committee, it will by default go to the LCC.
15
 She-Box
• An online complaint management system - ‘SHe-box’ (sexual
harassment electronic box) - will be hosted on the website of the
ministry of women and child development.
• A cell under the ministry will look into every complaint filed online
and share it with the concerned organisation’s internal complaints
committee (ICC), which is a mandatory requirement under the law.
• Complainants will also be able to monitor the status of an inquiry
by the ICC.
• The ministry had earlier launched a web page for government
employees, which has now been extended to women in the private
sector, minister for women and child development according to Ms.
Maneka Gandhi.
• Under the Sexual Harassment at Workplace Act, 2013, it is
compulsory for any organisation with 10 or more employees to set
up an internal complaints committee for addressing complaints of
sexual harassment.
16
 COVERAGE
• Definition of Employer, Employee, Domestic Worker,
Aggrieved Woman, Work Place, Sexual Harassment --
Sexual Harassment Of Women at Workplace Act 2012 .
• What Amounts to Sexual Harassment as per the Act.
Present Situation
• Salient Features of the Act
• Steps To Be Taken
• Conclusion 17
 DEFINITION OF EMPLOYER
• (i) in relation to any department, organisation, undertaking,
establishment, enterprise, institution, office, branch or unit of
the appropriate Government or a local authority, the head of
that department, organisation, undertaking, establishment,
enterprise, institution, office, branch or unit or such other
officer as the appropriate Government or the local authority,
as the case may be, may by an order specify in this behalf;
• (ii) in any workplace not covered under sub-clause (i), any
person responsible for the management, supervision and
control of the workplace.
Explanation.—For the purposes of this sub-clause
“management” includes the person or board or committee
responsible for formulation and administration of polices for
such organisation; 18
 DEFINITION OF EMPLOYER (CONTD.)
• (iii) in relation to workplace covered under sub-
clauses (i) and (ii), the person discharging
contractual obligations with respect to his or her
employees;

• (iv) in relation to a dwelling place or house, a person

or a household who employs or benefits from the
employment of domestic worker, irrespective of the
number, time period or type of such worker
employed, or the nature of the employment or
activities performed by the domestic worker; 19
 DEFINITION OF EMPLOYEE
• Means a person employed at a workplace for
any work on regular, temporary, ad hoc or
daily wages basis, either directly or through an
agent ,including a contractor, with or, without
knowledge of the principal employer ,whether
for remuneration or not, or working on a
voluntary basis or otherwise, whether the
terms of employment are express or implied
and include a co-worker, a contract worker,
probationer, trainee apprentice or called by
any other such name. 20
 DEFINITION OF DOMESTIC WORKER

• means a woman who is employed to do

the household work in any house hold
for remuneration whether in cash or
kind, either directly or through any
agency on a temporary, permanent, part
time or full time basis, but does not
include any member of the family of the
employer;
21
 DEFINITION OF AGGRIEVED WOMAN

• (i) in relation to a workplace, a woman, of

any age whether employed or not, who
alleges to have been subjected to any act of
sexual harassment by the respondent;
• (ii) in relation to a dwelling place or house, a
woman of any age who is employed in such a
dwelling place or house;

22
 DEFINITION OF WORKPLACE

• ''workplace'' includes—
• (i) any department, organisation, undertaking,
establishment, enterprise, institution, office, branch
or unit which is established, owned, controlled or
wholly or substantially financed by funds provided
directly or indirectly by the appropriate
Government or the local authority or a Government
company or a corporation or a co-operative society;

23
 DEFINITION OF WORKPLACE (CONTD.)

• (ii) any private sector organisation or a private

venture, undertaking, enterprise, institution,
establishment, society, trust, non-governmental
organisation, unit or service provider carrying on
commercial, professional, vocational educational,
entertainmental, industrial, health services or
financial activities including production, supply,
sale, distribution or service;

24
 DEFINITION OF WORKPLACE (CONTD.)

• (iii) hospitals or nursing homes;

• (iv) any sports institute, stadium, sports complex or
competition or games venue, whether residential or
not used for training, sports or other activities
relating thereto;
• (v) any place visited by the employee arising out of
or during the course of employment including
transportation provided by the employer for
undertaking such journey;
• (vi) a dwelling place or a house;

25
DEFINITION OF WORKPLACE IN UNORGANIZED
SECTOR (CONTD.)
• ''unorganised sector'' in relation to a
workplace means an enterprise owned by
individuals or self-employed workers and
engaged in the production or sale of goods or
providing service of any kind whatsoever, and
where the enterprise employs workers, the
number of such workers is less than ten.

26
 DEFINITION OF WORKPLACE & EMPLOYEE

The definition of workplace is wide and

covers practically every place of work
including a dwelling place or house and also
covers domestic worker and people working
in the informal sector.

27
 DEFINITION OF SEXUAL HARASSMENT

Similar to the definition given by the Supreme Court in

the Vishaka Case Judgment on 13 August 1997 i.e.
“includes any one or more of the following unwelcome
acts or behavior (whether directly or by implication )
namely:--
(i) physical contact and advances; or
(ii) a demand or request for sexual favors; or
(iii) making sexually colored remarks ; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non verbal
conduct of sexual nature. 28
Sexual Harassment – Verbal Behaviour
v Whistling, Cat Calls, Wolf Whistles, strange
noises, kissing sounds, smacking lips, howling.
v Comments of a Sexual Nature – “If you want to
continue in this place and make good money, you
have to satisfy the bosses.”
v Turning discussions into a sexual topic and or
asking about sexual fantasies, preferences, history.
v Making sexual comments about a person’s
clothing, anatomy or looks.
v Telling Sexual stories, comments, innuendoes,
non-vegetarian jokes, double entendre 29
 Sexual Harassment – Non Verbal
o Eyeing a person up and down – elevator eye
syndrome
o Staring and continuing to gaze on breasts
o Winking, throwing kisses or licking lips,
o Making sexual gestures with hands or through
body movements
o Posting pictures of scantily clad women or men
on office walls.
o Cartoons on bulletin boards, or at workstation
that are sexually offensive. 30
 WHAT AMOUNTS TO SEXUAL HARASSMENT
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:—
• (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) interferes 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.
31
 S.4. Constitution of the Internal
Complaints Committee.
• Every employer of a workplace shall by an order in
writing constitute an Internal Complaints Committee.
• To be headed by a Woman, Presiding Officer
employed at Senior Level from amongst the
employees .
• If not, then from other offices/or administrative units
of the workplace.
• Plus Two Representatives from employees committed
to the cause of women or have experience in social
work or having legal knowledge
• One member of an NGO or Association Committed to
women’s cause, or a person familiar with sexual
harassment.
32
 S 5.Constitution of Local Complaints Committee

•The appropriate Government may notify a District Magistrate or

Additional District Magistrate or the Collector or Deputy Collector
as a District Officer for every District to exercise powers or
discharge functions under this Act.

• Every District Officer shall constitute in the District concerned a

Committee to be known as the Local Complaints Committee to
receive complaints of sexual harassment from establishments
where the Internal Complaints Committee has not been
constituted under this Act due to their having less than 10 or if
the complaint is against the employer himself

• Any complaint received to be forwarded to the LCC within 7 days

of receipt
33
 S. 7. Composition, Tenure and other
terms and conditions of the LCC
• Chairperson to be nominated - eminent women in field of
social work
• One member from the block, taluka, ward, municipality in
district
• Two members, of which one women member from a local
NGO committed to the cause of women or familiar with
POSH (one nominee with legal background)
(Concerned officer dealing with Social Welfare or Women and
Child Development will be ex-officio member)
At least one nominee from above has to be from SC,ST or OBC.
Tenure of office: 3 years from the date of appointment
34
Section 10 of the Act provides for Conciliation of the
dispute before formal investigations are commenced.
If it can be settled between the parties and the
dispute resolved, then there is no need for a formal
inquiry into the incident.
It is preferable to meet both the parties separately to understand
each other’s version of the incident and also look at how the
parties want the matter to be resolved. At times the Complainant
may not be willing to go fully in the matter to pursue the
complaint and may have problem with her family, to pursue the
complaint.
At times, the accused may not want to go through the lengthy
proceedings for investigation of the complaint and is prepared to
apologize and close the matter rather than go through protracted
proceedings. 35
Disqualification of Committee members
• In case they divulge the name of the
Complainant under S. 16 of the Act or witnesses
or other information relating to conciliation or
the inquiry proceedings. Rs. 5000 penalty
prescribed in the Rules
• If charged for any offence or guilty of criminal
offence
• Abuse of office or acts in a prejudicial manner
The Committee Members can be disqualified and
another person appointed in his/her place.

36
 INQUIRY INTO COMPLAINT
Under Section 11 the Internal Committee or the Local Committee
has the same powers as are vested in a civil court under the Code of
Civil Procedures, 1908 when trying a suit in respect of the following
matters namely:-
a) Summoning and enforcing the attendance of any person and
examining him on oath
b) Requiring the discovery and production of documents
c) Any other matter which may be confined.

Under Section 12 during the pendency of an enquiry transfer of the

aggrieved woman or the respondent to any other workplace , grant
leave to the aggrieved woman upto a period of three months or
grant such other relief to the aggrieved woman as may be
prescribed.
37
 Consequences of failure to prevent sexual
harassment at the workplace.
• If an employer fails to constitute an internal
committee or take action based on the decisions of
the internal committee or the local committee or
report the number of cases filed, if any, and their
disposal under the act in the annual report to the
District Officer then the employer shall be
punishable with a fine which may extend to fifty
thousand rupees. Further if any employer, after
having been previously convicted of an offence
punishable under this act subsequently commits
and is convicted of the same offence then he is
liable to twice the punishment and cancellation, of
his license or withdrawal
38
 Investigating a Complaint
• If no committee exists, matter to be forwarded to
the police by the Committee for further action, if a
prima facie case made out by the Complainant.
• Committee Investigating the complaint shall
ordinarily complete its hearing within 90 days of the
complaint made to it.
• Copy of the findings to be given to both the parties
to enable them to make representation to the
Committee about the findings. Only after this the
Committee has to give its final decision in the
matter. 39
 Committee empowered to give relief
• During the pendency of the enquiry transfer the aggrieved
woman or the respondent to any other workplace
• Grant Leave upto three months to the aggrieved woman
(in addition to any other leave the woman may want to
avail)
• Grant such other relief that may be prescribed
• i.e. at the request of the complainant
Ø Restrain the respondent from reporting on the work
performance of the aggrieved woman or writing her
confidential report, and assign the same to another
officer;
Ø restrain the respondent in case of an educational
institution from supervising any academic activity of the
aggrieved woman
40
What do the Rules framed
under the Prevention of
Sexual Harassment at the
Workplace Act, 2013
Provide For?
41
What do the rules framed under the Act Provide for:

1. Fees or allowances for Members of the Internal

Committee – Rs. 200 p.d. plus reimbursement of travel
expenses in 3 tier AC, AC Bus, rickshaw or taxi or
actual amount whichever is Less. Fees for Chairman
Rs. 250 p.d.

2. Person familiar with issues relating to Sexual

Harassment:
Social worker with 5 yrs experience in social work
for women’s empowerment or dealing with sexual
harassment at the workplace or a person familiar
with labour law, civil or criminal law.
42
3. Who can make the Complaint?
Complaint of Sexual Harassment can be made by the women
or in case she is unable to do so because of

a. Physical Incapacity – by relative, friend, co-worker, an

Officer of the National Commission for Women or State
Women’s Commission or any person who has knowledge
of the incident with the women’s written consent.

b. Mental Incapacity – by relative, friend, special

educator, Qualified Psychiatrist or Psychologist, guardian
or authority under whose care she is receiving treatment
or care, or a person who has knowledge of the incident
jointly with her relative or friend or a special educator or
a qualified psychiatrist, guardian or authority under
whose care she is receiving treatment. 43
Rule 7: Manner of enquiry into the complaint: 6 copies
of the complaint along with supporting documents, and
the names and addresses of witnesses.

Ø One copy of the complaint to be sent to the respondent

within 7 working days.

Ø Respondent to file his say with supporting documents,

names and addresses of witnesses, from date of receipt of
the documents within 10 working days.

Ø Committee to follow principles of Natural Justice in

investigating complaints.
44
Ø Ex-parte proceedings in case any person does not turn
up in 3 consecutive hearings. Chairperson authorised to
terminate the proceedings, but must give 15 days notice
to terminate or pass an ex-parte order.

Ø Parties not permitted to bring Legal Practitioners to

represent them in the proceedings.

Ø Quorum for the committee proceedings. Minimum 3

persons, including the Presiding Officer or the
Chairperson to be present.

45
46
Rule 11: Any appeal can be made to the Authority under the
Standing Orders.

Rule 12: Fine upto Rs. 5000 to be recovered from the

Committee Members, who divulge the name of the
complainant or witnesses and their addresses from such a
person.

Rule 13: Organising Workshop for awareness, capacity

building and skill building programmes for members of the
Committee.

Rule 14: Annual report on No. of complaints in the year, no

disposed during the year, cases pending more than 90 days,
no of workshops/awareness programmes, and action taken.

47
 Duties of the Employer
• Provide a safe working environment for women.
• Display in a prominent place penal consequences of Sexual
Harassment and the order constituting the Committee for POSH
• Organise workshops and awareness programs at regular intervals
for sensitising employees with provisions of the Act and
orientation programmes for the members of the ICC.
• Facilities for the ICC to conduct its deliberations
• Assist in securing attendance of respondent and witnesses before
ICC or LCC.
• Provide assistance to the woman to file a complaint under the
IPC, if the perpetrator is not an employee of the company.
• Treat Sexual Harassment as a Misconduct under the service rules.
• Monitor timely submission of reports by the Internal Committee.
48
Powers of the Committee to recommend
to employer - Punishment
Ø Warning
Ø Written Apology
Ø Reprimand or Censure
Ø Withholding of Promotion
Ø Withholding of any pay rise or increment
Ø Termination
Ø Undergo Counselling Session
Ø Carrying out Community Service.

49
Further powers of the Committee:
• 13(3)(ii) of Act - to deduct notwithstanding anything in
the service rules applicable to the respondent, from the
salary of wages of the respondent such sums it may
consider appropriate to be paid to the aggrieved woman
or to her legal heirs, as it may determine in accordance
with Section 15
• Provided where the employer is unable to deduct the
amount from the salary due to his being absent from duty
or cessation of employment, it may direct the respondent
to pay the money to the aggrieved woman.
• In case the person fails to make the payment, the money
can be recovered as an arrear of land revenue and the
District Officer/collector may be served with such an order
for recovery.
50
 Punishment for False and Malicious
Complaints.
• If the ICC or LCC arrives at a conclusion that the
complaint is malicious or knowing it to be false,
forged or produced misleading documents, the
person may be punished as per the service rules.
• Mere inability to substantiate a complaint or
produce proof shall not attract action
• Malicious intent has to be established after an
enquiry with principles of natural justice
observed.
51
 S. 15 Determination of Compensation
• The committee shall have regard to the
(a) Mental Trauma, Pain, Suffering and Emotional
Distress caused to aggrieved woman
(b) The loss in career opportunity due to the incident
(c) Medical Expenses – Physical or Psychiatric
treatment
(d) The Income and Financial Status of Respondent
(e) Feasibility of payment in lump sum or
installments. 52
• S. 27 of the Act -No Court to take cognisance of
any offence punishable under this Act or rules
made thereunder, save on a complaint made by
the aggrieved woman or any person authorised by
the ICC or LCC in this behalf.
• Every offence under the Act shall be non-
cognisable.
• S. 28 The provisions of the Act shall be in addition
and not in derogation of any other law for the time
being in force.

53
Sensitize dominant male workforce of what
type of behavior , conduct and actions could
be construed as sexual harassment.

Advise the workforce to refrain from speaking,

transmitting vulgar jokes / write ups.

Advise the workforce from refraining to use

abusive language at workplace.

54
In investigating complaints of Sexual Harassment, the
Act has not detailed how the Committee shall function
and in such matters, the essence of the proceedings
must conform to the Principles of Natural Justice.

The Principles of Natural Justice have evolved and are

as the name suggests, something Natural and Logical,
which if not followed would lead to a miscarriage of
Justice.

Over a period of time, these general principles have

been codified as follows:
55
 Principles of Natural Justice
1. Giving Full Opportunity to the
Accused to rebut charges
• No man can be condemned unheard
• Reasonable opportunity must be given to be
heard
• Opportunity to cross-examine witnesses to
challenge any testimony and point out any
inconsistencies or check out doubts on the
credibility of the witnesses
56
 2. Principle of Bias
• Personal knowledge, being a witness or a
complainant will disqualify a person from being
the judge.
• Any allegation of Bias has to be established by the
person levelling the allegation.

Justice Must Be Seen to Be Done.

57
 Other Principles
Ø Punishment must be proportionate to the crime
and capital punishment of termination is generally
awarded in the rarest of rare cases as it is
equivalent to the economic death of a man. Punish
the man, but not his family. Social Justice
considerations.
Ø Consider any extenuating or mitigating
circumstances.
Ø Before imposing the punishment ask for his say in
the matter by furnishing a copy of the findings
before final action is taken.
58
 Enquiry officer must give a reasoned
order
• As a Domestic Enquiry is a quasi-judicial enquiry
there has to be a reasoned order and not just a
one line order of the guilt of the person
concerned.
• A company may act against the order only if
there are material reasons or the evidence is
perverse to the order given.
• The objective of the Investigating Committee is
to get to the Truth and the investigations must
be pursued to get at the Truth. The IIC or the LIC
is empowered for this.

59
 Differences between Domestic Enquiry and Enquiry under the
Sexual Harassment Act
Domestic Enquiry Enquiry under the Sexual Harassment Act
Quasi Judicial proceedings. Quasi Judicial Proceedings
No Oath administered Oath can be administered
No Power to summon witnesses/documents Power to summon witnesses and also
production of documents.
Police will not assist in the matter Police may be asked to execute summons if the
person does not attend the proceedings.

Disciplinary enquiry can proceed
simultaneously along with criminal case.
Generally, complaint is filed internally and not
externally. Internal proceedings have to be
done by the Committee delicately and not in
the same manner as a domestic enquiry for a
misconduct. Rules do not permit complainant
to be confronted by the accused.

Principles of Natural Justice followed Principles of Natural Justice followed

Lawyers may be permitted to defend As of now, no Lawyers or outsiders allowed

Done by one person, who is trained. Done by the entire ICC, with many 60
“freshers”.
61
Procedure for Disciplinary Action

1. Preliminary Enquiry - “Show Cause Notice”

2. Charge Sheet

3. Domestic Enquiry

4. Ex-Parte Enquiry

5. Findings of the Enquiry

6. Punishment

Dr.R.Krishna Murthy 62
63