Beruflich Dokumente
Kultur Dokumente
Dr.SHASHI BALA
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The International Labor Organization
“The Right to Safe & Healthy Work Environment free from Sexual Harassment as one of the
basic rights for all women”
CEDAW
“Equality in employment can be seriously impaired when women are subjected to gender
specific violence, such as sexual harassment in the work place”
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Evolution of the Law on PREVENTING
Workplace Sexual Harassment
The Prevention of Workplace Sexual Harassment Act and the
Prevention of Workplace Sexual Harassment Rules have been
enacted 16 years after the Supreme Court of India’s landmark
judgement in Vishaka and others v. State of Rajasthan
(“Vishaka Judgement”). The Supreme Court, in the Vishaka
Judgment, laid down guidelines, making it mandatory for every
employer to provide a mechanism to redress grievances
pertaining to workplace sexual harassment and enforce the
right to gender equality of working women (“Guidelines”).
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DR. SHASHI BALA
SUPREME COURT DIRECTIONS
VISHAKA v STATE OF RAJASTHAN
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THE SHW ACT 2013 - Definitions
Workplace – very wide inclusive definition that also includes 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.
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THE SHW ACT 2013 - Definitions
Sexual harassment includes any one or more of the following unwelcome acts or
behavior (whether directly or by implication) namely:-
Physical contact and advances or
A demand or request for sexual favours or
Making sexually coloured remarks or
Showing pornography or
Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.
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Dr. Devika Singh 8
LEGISLATIVE TIMELINE
2012 The Bill was amended and re-introduced in the Lok Sabha.
December 09, 2013 The Indian Ministry of Women and Child Development
notified:
1 Chairperson Women working at senior level as employee; if not available then nominated from
other office/units/ department/ workplace of the same employer
Where the office or administrative units of a workplace are located in different places,
division or sub-division, an ICC has to be set up at every administrative unit and office.
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DR. SHASHI BALA
Local Complaints Committee (LCC)
The District Officer will constitute an LCC in every district so as to enable women in the unorganized
sector or small establishments to work in an environment free of sexual harassment. The LCC will
receive complaints:
1. Chairperson Nominated from amongst the eminent women in the field of social work and
committed to the cause of women
2. Member Nominated from amongst the women working in the block, taluka or tehsil or ward or
municipality in the district
3 2 Members Nominated from amongst such NGO/associations/persons committed to the cause of
women or familiar with the issues relating to sexual harassment, provided that:
• At least one must be a woman
• At least one must have a background of law or legal
knowledge
4. Ex Officio member The concerned officer dealing with social welfare or women and child development
in the district
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DR. SHASHI BALA
PROCESS
INTERNAL
COMMITTEE
Unable to make
AGGRIEVED complaint (Where Dead
WOMAN or physically or mentally
LEGAL incapacitated)
HEIR
Employer
District Officer
Employer
Workplace of
Government/ Local Private Workplace Dwelling House
Bodies
Action for Misconduct No action by Employer Punishment for false or Employer is required to act
malicious complaint/ on the recommendations of
false evidence the committee within 60
days of receipt of inquiry
report.
The Industrial Employment (Standing Orders) Act, 1946 (“Standing Orders Act”) is a
central enactment which, inter alia, requires an employer to define and publish uniform
conditions of employment in the form of standing orders. As per the statute, the standing
orders should contain terms of employment including, hours of work, wage rates, shift
working, attendance and late coming, provision for leaves and holidays and termination
or suspension/dismissal of employees.
Conduct that may be construed as sexual harassment not only violates the Prevention of
Workplace Sexual Harassment Act, but also could constitute an offence under the IPC.
Listed out below are the key offenses under the IPC that could be triggered in a case of
sexual harassment.
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DR. SHASHI BALA
Section Offence Punishment Cognizable/Non-
Cognizable
354 Outraging the modesty of a woman Simple/ Rigorous Imprisonment for a term which Cognizable
Assault or use of criminal force to any woman, intending to outrage or shall not be less than one year but which may
knowing it to be likely that modesty would be outraged. extend to five years; and fine.
354-A SSexual harassment by a man Offences (i), (ii) and (iii) are punishable with Cognizable
(i) Physical contact and advances involving unwelcome and explicit rigorous imprisonment for a term which may
sexual overtures; extend to three years, or with fine, or with both.
(ii) Demand or request for sexual favours; Offence (iv) is punishable with simple/ rigorous
imprisonment for a term which may extend to one
(iii) Showing pornography against the will of a woman; or year, or with fine, or with both.
(iv) making sexually coloured remarks.
354-B Assault or use of criminal force to woman with intent to disrobe Simple/Rigorous imprisonment for a term which Cognizable
Assault or use of criminal force to any woman or abetment of such act shall not be less than three years but which may
with the intention of disrobing or compelling her to be naked. extend to seven years, and fine.
4. Liability for employers Monetary Monetary The person who sexually harasses
someone else is primarily responsible
but the company may be held
vicariously liable for sexual harassment
by the employees, agents and
contractors, unless it can show the steps
that it took to prevent it from occurring.
5. Penalties
Most countries have promulgated legislations that hold employers vicariously liable for acts of harassment by their employees, vendors, clients, sub-
contractors etc. or within their workplace.
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DR. SHASHI BALA
Brazil Singapore
Law No 10.224 Protection from Harassment Act 2014
Yes Yes
Unclear Monetary
In the event the harassment charges are proved against a person (who was involved in the dealing of the company), employer as
well as the employee (who committed the crime) can be criminally held liable by the criminal courts, on the basis of the
complaint filed by the victim
Source: Sources:Society for Human Resource Management http://www.shrm.org/hrdisciplines/global/articles/pages/sexual-harassment-law-global.aspx
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DR. SHASHI BALA
CASE STUDIES
• Ritu joins the organization and from the very beginning her mentor –Rahul
tells her to not talk to other team members and keeps ticking her off for
being over friendly. When she doesn’t listen to him, he tells her on
whatsapp that he has only been advising her for her good and that she will
only have to face the consequences of being overfriendly. A few days later,
one of Ritu’steam mates tells Ritu that Rahul has been telling others that
Ritu has had many boyfriends. She tells Ritu to be careful because another
girl had also left the organization earlier due to issues with Rahul. Ritu
complains to the ICC.