SEXUAL HARASSMENT OF

WOMEN AT WORKPLACE
ACT, 2013
(Prevention, Prohibition & Redressed)
 Learning Outcome
• Able to analyze the different situation which lead sexual

harassment in the organizations.

• Able to diagnose the importance of Sexual Harassment Act,

2013.

• Able to understand the duties of an employer.

• Able to recognize the process of filing a complaint.

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Dr. Pooja Agrawal
 Bhanwari Devi
Indian Dalit Woman
Village Bhateri, Rajasthan

Winner of “Neerja Bhanot Memorial Award” for her "extraordinary courage,

conviction and commitment

HER STORY

“Bhanwari Devi continues to be ostracized by her village. She lives on the outskirts
of the village Bhateri, just 55 kms from Jaipur, with her husband who’s supported
her fight throughout. She now runs a self help group with other women from her
community and works with an NGO to support her family.”
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 Vishakha Guidelines
Supreme Court of India Judgement 1997
(Ref: Vishakha and Ors. V State of Rajasthan)
“In the absence of enacted law to provide for the effective enforcement of
the basic human right of gender equality and guarantee against sexual
harassment and abuse, we lay down the guidelines and norms specified
hereinafter for due observance at all work places or other institutions,
until a legislation is enacted for this purpose. …and it is further
emphasized that this would be treated as the law declared by this Court
under Art. 141 of the Constitution.”
The judgment of August 1997 provided the basic definitions of Sexual
Harassment at the workplace and provided guidelines to deal with it. It is
seen as a significant legal victory for women's groups in India
Established that “Sexual Harassment violates a woman’s right in the
workplace and is thus not just a matter of personal injury”

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 Delhi Gang Rape Case 2012
• The central government appointed a judicial committee headed by J. S.
Verma, a former Judge of Supreme Court, to suggest amendments to criminal
law to sternly deal with sexual assault cases.

•The Cabinet Ministers on 1 February 2013 approved for bringing an ordinance,

for giving effect to the changes in law as suggested by the Verma Committee
Report.

•The Criminal Law (Amendment) Ordinance, 2013 passed

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 ADVENT OF LAW
By adopting the Vishakha Guidelines and recommendations of
Justice Verma Committee, the Parliament enacted the Sexual
Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act in 2013 (effective Dec 2013).

This statute supersedes the Vishakha Guidelines for prevention of

sexual harassment introduced by the Supreme Court of India.

The Statute extends to the “Whole of India”

It is only for the protection of “Women at Workplace”

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BACKGROUND OF THE ACT

YEAR EVENT AUTHORITY

2007 Draft guidelines approved Union Cabinet
2010 Bill introduced Lok Sabha
2012 Passed by Lok Sabha
2013 Passed By Rajya Sabha
2013 Received President’s Assent Published in Official
Gazette

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 Section I

BASICS

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 Preamble

An Act to provide protection against sexual

harassment of women at workplace and for the

prevention and redressed of complaints of

sexual harassment and for matters connected

therewith or incidental thereto.

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 No Women
Shall be Subjected
to
Sexual Harassment
at
any Workplace [sec 3(1)]

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 Understanding Basics
Applicability of the Act

What is

-Aggrieved Woman

-Sexual Harassment

-Workplace
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APPLICABILIT
Y
 Extends to whole of India
 Every organisation who has more than 10
employees.

WHO CAN BE AN AGGRIEVED

PERSON?
Anyone who is a Female
 Irrespective of age
 Status (single, married or divorced)
 Whether an employee of the
organisation
 or an outsider
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2
 AGGRIEVED WOMAN
• All women working or visiting any workplace
– Regular employee
– Temporary employee
– Adhoc
– Daily wages
• Engaged directly or indirectly (contractor)
• Working for remuneration, voluntary or otherwise
• Terms of employment may be express or implied
• Could be a co-worker, contract worker, probationer, trainee,
apprentice, visitor
• Also covers woman working in dwelling place or house
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 Workplace
• Any place visited by the employee arising out of or during the course of
employment including transportation provided by the employer
• Covers organized and unorganized sector

• Government organizations

• Private sector organizations

• Hospitals/nursing homes

• Sports institutes, facilities

• Dwelling or house

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 Workplace.. extended
• Office parties

• Off sites

• Out bound trainings

• Client meetings

• Training sessions

• Travel for office purpose

• Any place where one visits in the course of due to employment

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 Sexual Harrassment

Sexual harassment is bullying or coercion of a sexual

nature, or the unwelcome or inappropriate promise of rewards
in exchange for sexual favors. In most modern legal contexts,
sexual harassment is illegal.

Sexual harassment is gross violation of women’s right to

equality and dignity
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 Identify different activities

considered as Sexual Harassment

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 Sexual Advances

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 Unsavoury remarks

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 Jokes causing or likely to cause
awkwardness or embarrassment

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 Innuendos and taunts

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 Gender based insults or sexist remarks

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Unwelcome sexual overtones in any manner

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Touching or brushing against any part of the
body and the like

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 Displaying pornographic or other offensive
or derogatory pictures, cartoons, pamphlets
or sayings

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 Forcible physical touch or molestation

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 Physical confinement against one’s will and
any other act likely to violate one’s privacy

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 Abuse of authority or power

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 In short….
Workplace Sexual Harassment is when the behaviour is
- Unwelcome

- Sexual in Nature

- A Subjective Experience

- Impact not the intent matters

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 Demand or
request for
Sexual Favors
Making
Sexually Threat about
colored employment
remarks status

Showing Promise for

Preferential
pornography
treatment

Types of
Sexual
Harassment

Unwanted
physical, verbal
or non verbal Detrimental
conduct of treatment
sexual nature

Humiliating
Physical treatment
Contact & which affects
Advances her health
5
Offensive of
hostile
environment
 INTERNAL COMPLAINTS COMMITTEE (ICC)

Presiding Officer (Must be Women)

Other Members

ICC
(Minimum-
4) One person from NGO committed to cause
of women or familiar with issues relating
to sexual harassment on allowance basis

• Employer with more than 10 employees in writing shall pass an order to create
ICC at all branches & act on its recommendation. 6
• At least ½ of the committee members shall be women
 LOCAL COMPLAINTS COMMITTEE (LCC)

Constitution of LCC
(5 Members)

Must be Women May or May not be Women

Chairperson Ex- Officio

Belonging to the
Eminent Social Working in the Schedule Caste or Concerned officer Dealing Have law or
person working nearby area Tribe or Backward with social welfare or legal knowledge
for the cause of Class women & child
Women development in the area

District Officer shall create LCC to receive complaints from:-

•Where ICC has not been set due to less than 10 employees in the organisation
•If complaint is against the employer 7

•Nodal officer within 7 days

 COMPLAINT
 Need to make in writing (6 copies) along with supporting documents with the
name and address of the witnesses.
 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.
 can extend the time for filing complaint if it is satisfied with the reason for
the delay
 If she is unable to do so due to mental or physical incapacity then the legal heir
or the person as may be prescribed may make a complaint under this section.

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PERIOD IN WHICH THE COMPLAINT
NEEDS TO BE SET OFF!!

Within 3 months
of the last instance Aggrieved shall give written complaint

Within 7 days
the Committee shall send a copy of the complaint to the respondent (accused)

Within 10 Days
from receipt of the complaint Respondent (accused)
shall file a reply along with documents, name & address of the witnesses

Within reasonable time period

The committee shall give the recommendations

10
Within 90 Days
An Appeal can be filed against the recommendation
 COMPLAINT SETTLEMENT THROUGH
CONCILIATION
 At the request of the aggrieved women take steps to settle the matter between her and the
respondent through conciliation before making an enquiry.
 Though no monetary settlement shall be considered.
 Post settlement ICC or LCC shall record the settlement.
 Send the same to the employer or the District Officer to take action as specified in the
recommendation.
 Committee shall also provide the copies of the recorded statement to the aggrieved
women and the respondent.
 Where an settlement has arrived no further inquiry shall be made by the committee.

35
 How an employer provide the

safe working conditions to their

women workforce? Discuss

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 DUTIES OF EMPLOYER
 Safe Working Environment and safety from
persons coming into contact at the workplace.
 Display

 The penal consequences of

sexual harassment.
 Order constituting the Committee
 Organize workshops and awareness
programs at regular intervals.
 Providing necessary facilities to the
committee for dealing with complaint and
conducting an inquiry.
 Assist in securing the attendance of witness &
respondent before the committee.
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 DUTIES OF EMPLOYER
 Make such information available to the
committee as it may require in accordance
with the complaint lodged.
 Provide assistance to the aggrieved if she
wishes to file the complaint under Indian
Penal Code or any other law in force.
 Treat sexual harassment as a misconduct
under service rules and initiate action for
such misconduct.
 Monitor timely submission of report by
the ICC.
 Cause to initiate action, under the Penal
Code against the perpetrator in the
workplace where the incident took place.
 Video

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 Any Query

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