THE SEXUAL HARASSMENT OF

WOMEN AT WORKPLACE
(PREVENTION ,PROHIBITION, AND
REDRESSAL)ACT 2013
 INTRODUCTION TO THE ACT
❖ This Act is a legislative act in India that seeks to protect women from
sexual harassment at their place of work .it was passed by the Lok
sabha on 3 September 2012. it was passed by Rajya Sabha on 26th
February 2013.The bill got assents of the president on 23rd April
2013. The act came into force from 9 December 2013.
❖ It consists of VIII Chapters and 30 Sections.
❖ It was reported by the International labour organization that very few
Indian employers were compliance to this statute. Most Indian
employers have not implemented the law despite the legal
requirement that any work place with more than 10 employees need
to implement it.
❖ According to a FICCI-EY November 2015 report,36% of Indian
companies and 25%among MNCS are not compliance with the Act.
The government has threatened to take stern action against
employers who fail to comply with this law.
BACKGROUND AND PROVISIONS:
❖The Act will ensure that Women are protected against Sexual
harassment at all workplaces, be it Private or public.

❖The Act uses the definition of Sexual harassment which laid

down by the Supreme Court of India in Vishaka v. State of
Rajasthan. In this case it was established that actions
resulting in violation of one’s rights to Gender Equality and Life
and Liberty are in fact violation of the victim’s Fundamental
Right under Article 19(1)g i.e., Right to practice any profession
or to carry on any trade or business.

❖The case ruling establishes that sexual Harassment violates

the Woman’s Rights in the work place and is not just a matter
of personal injury. This case ruling had issued Vishaka
guidelines under Article 32 of the Constitution of India.
“THE MEANING AND CONTENT OF FUNDAMENTAL
RIGHTS GUARANTEED IN THE CONSTITUTION OF INDIA
ARE OF SUFFICIENT AMPLITUDES TO ENCOMPASS ALL
FACETS OF THE GENDER EQUALITY…..”

LATE CHIEF JUSTICE J.S. VERMA, SUPREME COURT OF INDIA, VISHAKA VS STATE OF RAJASTHAN
 DEMAND OR
REQUEST FOR
SEXUAL PROMISE
THREAT
FAVOURS FOR
ABOUT
PREFERRENTI
EMPLOYME
AL
NT STATUS
TREATMENT

TYPES OF SEXUAL MAKING

SHOWING SEXUALLY
PHOTOGRA HARASSMENT
COLOURED
PHY REMARKS

DETRIMENTAL PHYSICAL
TREATMENT UNWANTED CONTACTS &
PHYSICAL, VERBAL ADVANCES
OR NON-VERBAL
CONDUCT OF
SEXUAL NATURE
 CONSTITUTIONAL PROVISIONS
Sexual Harassment results in Violation of
the Fundamental Rights of Woman:

❖Right to Equality under Article 14 and 15 of the

Indian Constitution
❖Right to Life and Live with Dignity under
Article 21 of the Constitution and Right to
practice any Profession or to carry on any
Occupation, trade or business which includes a
right to a safe Environment free from Sexual
Harassment.
CHAPTERS OF THE ACT
I : Preliminary
II :Constitution of Internal complaints committee by an
Employer
III :Constitution of Local Complaints Committee by
District officer
IV :Complaint
V :Inquiry into complaint
VI :Duties of Employer
VII : Duties and powers of District officer
VIII :Miscellaneous
APPLICABILITY:
• Extends to whole of India.
• Every organisation who has more than 10
employees .

WHO CAN BE AN AGGRIEVED PERSON ?

❖Any one who is a Female.
▪ Irrespective of age
▪ Status ( single, married or divorced).
▪ Whether an Employee of the organisation or an outsider.
 INTERNAL COMPLAINTS COMMITTEE
(ICC)

ICC
(Minimum 4 )
Presiding Officer One person from NGO
must be women or Familiar with
issues relating to
sexual harassment on
allowance basis.

Other
members

● Employer with more than 10 employees in writing shall

pass an order to create ICC at all the branches and act
on its recommendation.
● Atleast half of the committee members shall be Women.
 LOCAL COMPLAINTS COMMITTEE
(LCC)
● The appropriate government may notify a District Magistrate or
Addl. District Magistrate or the Collector or the Deputy Collector
as a district officer for every district to exercise powers or
discharge functions under this act.
● Every District officer receive complaints from establishments
where the internal complaints committee has not been constituted
due to having less than 10 workers or if the complaint is against
the employer himself.
● District officer shall designate one Nodal officer in every block,
Taluka and Thasil on rural or tribal area and ward or
municipality in the urban area to receive complaints and forward
the same to the concerned LCC within a period of 7days.
 Members of Local
complaints committee
nominated by District
officer ● Concerned
officer who is
dealing with
● Eminent social welfare
Women in the or women and
field of social child
work must be development
in the district
nominated by ● Atleast one
shall be a
chairperson women from
member of
non
ex- officio
governmental
● One of the organisation
or or who is
Women
familiar with
working in
issues of
block sexual
should be harassment or
nominated legal
knowledge
should be
nominated
 How a complaint can be made under the Act ?
Procedure:
● Need to make in writing six copies along with
supporting documents with the name and
address of the witness
● Within 3 months
Of the incident or
From last instance in case of series of
incidents.
● The committee shall assist the aggrieved
person to make the complaint in writing and it
can extend time for filing complaint if it is
satisfied for the reason of the delay.
Tenure of the committee members
Presiding Officer or the Chairperson and other
members of ICC and LCC shall hold the office for
such period not exceeding three years from the
date of employment as prescribed by the
employer or district officer as the case may be

Who cannot be a part of committee?

● Contravenes section 16.
● Convicted for an Offence or an enquiry under
any law.
● Any disciplinary proceedings pending against
her.
Period in which complaint needs to be set off :
● Within three months of the last instance
aggrieved shall give written complaint.
● Within 7 days of the committee shall send a
copy of the complaint to the respondent.
● Within 10 days from the receipt of the complaint
respondent shall file a reply along with
documents,name and address of the witness.
● Within reasonable time period the committee
shall give the recommendations.
● Within 90 days an appeal can be filed against
the recommendations.
Complaint settlement through conciliation:
● At the request of the aggrieved women the
settlement of matter can be through
conciliation.
● Monetary settlement cannot be considered by
the ICC and LCC.
● Post settlement of matter shall be recorded by
ICC and LCC.
Inquiry into complaint:
● In case the respondent is an employee the
committee shall proceed in accordance with the
service rules.
● Applicant shall forward the complaint to the
police under section 509 of IPC and relevant
provisions within 7 days if primafacie case exists.
● Complainant informs the committee that any term or
condition of the settlement has not been complied then
the committee proceed to make an enquiry or forward
the complaint to police.
● During the pendency of an inquiry the committee may
recommend.
■ Transfer the aggrieved women or the respondent
to new work place.
■ Grant leave to the aggrieved upto a period of three
months which shall be in addition to the leave
entitled to her.
■ Grant any relief as may be prescribed.
● Employer shall implement upon the recommendation
and send a report to the committee
Inquiry report:
● Within 10 days of completion of the enquiry the
committee shall provide report to the employer or
district officer as the case may be and should be
available to the concerned parties.

Respondent proved Guilty:

● Take action in accordance with the provisions of the
service rules applicable where no such rules has been
made in such manner as prescribed.
● To deduct from the salary or wages or direct such sum as
it may consider appropriate to be paid to aggrieved or her
legal heirs in accordance with section 15.
● When concerned authority shall act up on the
recommendation within 60 days of its receipt.

If allegations proved to be wrong:

1. If false complaint made or any forged
documents being produced the committee may
recommend to take action as per service rules or
as otherwise prescribed.
2. But if the complainant is enable to provide
adequate proof then no action is to be taken.
 Duties of employer:
1. Safe working environment and safety from persons
coming into contract at the work place.
2. Providing necessary facilities to the committee for
dealing with complaint and conducting an inquiry.
3. Assist in securing the attendance of witness and
respondent before the committee.
4. Providing assistance to the aggrieved if she wishes to
file the complaint under Indian penal code or any
other law in force.
5. Treating sexual harassment as a misconduct under
service rules and initiate action for such misconduct.
6. Monitor timely submission of report by ICC.
Duties of District officer:
1. Monitor the timely submission of reports furnished
by the LCC.
2. Take such measures as may be necessary for
engaging NGO for creation of awareness on sexual
harassment and the rights of the women.
Non complaints of the Act:
● Monitory penalty of up to maximum Rs.50,000 /-
may be imposed.
● Repetition of the same could result in punishment
being doubled and de registration of the entity or
revocation of any statutory business licences
Miscellaneous:
● The committee in such form at such time as
prescribed, an annual report and submit the
same to the employer or the district officer.
● District officer shall submit the brief report
on annual report to the state government.
● The appropriate government shall monitor
the implementation of this act and shall
maintain the data on number of cases filed
and disposed in respect of all cases of sexual
harassment at work place.
Global Norms And Good Practices:
Increasing awareness and complaints with international standards
is a reminder that we must not lose sight of the Goal over the years the
International community has developed bench marks that provide
guidance on what the laws around work place sexual Harassment should
look in practice. The key Benchmarks are listed below:
1. Recognition that workplace sexual harassment is a form of human rights
violation.
2. Recognition that sexual Harassment is a form of Gender specific
violence.
3. Equality, Dignity and worth of a Human person must be emphasized.
4. Gender based violence includes sexual Harassment and impairs the
enjoyment by a women of several basic Human Rights and Fundamental
freedoms. Some of these Rights includes:
a) The right to Life , The right to Liberty and security of the person.
b) The Right to equal protection under the Law.
c) The Right to the highest standard attainable of physical and
mental health.
d) The Right to just and favourable conditions of work.
5. Eliminating violence against women and advancing women’s
Equality includes the right to be free from work place sexual
harassment.
6. Legislation on violence against women should define violence
to include sexual harassment. Such legislation should also
recognize sexual harassment as a form of discrimination and a
violation of women’s right with health and safety
consequences.
7. The International Labour organization has also drawn specific
attention to domestic workers, who have a right to enjoy
effective protection against all forms of abuse, harassment and
violence.
In terms of practice, International Law and policy
frameworks have an important role to play in encouraging the
adoption of an understanding of sexual harassment as a
fundamental human right and equality issue, and not just a
problem for employment law to solve.
Converting these concepts into practice involves constant monitoring
and adapting to changing circumstances. As a start, Six simple steps
to keep in mind and practice in any workplace should involve the
following:
1. Make sure there is a policy that has been effectively communicated
to all workers, irrespective of whether they are paid or volunteers.
2. Display details of both informal and formal ways available to a
worker to address or complain about workplace sexual harassment.
3. Undertake orientation on workplace sexual harassment for all
workers in respective organizations establishments or institutions.
4. A complaints committee which is trained in terms of skill and
capacity is critical for building trust.
5. Encourage senior persons/ leaders/ supervisors or any persons who
can influence employment related decisions, to become role models.
6. Men and Women should be included in building a culture which no
longer tolerates workplace sexual harassment.
 Conclusion:
● Sexual harassment is a form of discrimination that consists
of harassing behavior
● Sexual harassment remains a persistent problem in the
workplace at large.
● Sexual harassment undermines women’s professional and
educational attainment and mental and physical health.
● Judicial interpretation has incentivized organizations to
create policies, procedures, and training on sexual
harassment that focus on symbolic compliance with
current law and avoiding liability, and not on preventing
sexual harassment.
● The legal system alone is not an adequate mechanism for
reducing or preventing sexual harassment.
● Conducting surveys are the best methods for estimating
the prevalence of sexual harassment.
Recommendations:

• The procedure prescribed in the Act is mammoth to follow

and it is very difficult for the working women to cope up with
the procedure.
• When an aggrieved women come forward with courage to
complaint against the atrocities then the real empowerment
takes place, So I request every women who suffered or
suffering has to Wake, Raise to uphold the dignity of women
in the society.
• The Offences against the women should be considered as
Right in rem and cannot be settled through conciliation even
if the aggrieved agreed for it.
• A spy has to be placed among the employees by the internal
committee and an unexpected inspection should be conducted
in order to know the situation of the women in the workplace.