Transcript Slide 1

ACTS related to Sexual Harassment of
Women at Workplaces
21st September, 2013
Divya Chavan Jachak
1
FUNDAMENTAL
Rights

Right to Equality,

Right to Equal Opportunity (relating to Employment)

Right to practice any profession or carry out any
occupation, trade, business

Right to Life and Live with dignity.

Special Provisions for the benefit of Women
DIRECTIVE PRINCIPLES OF
State Policy
State to provide for
just and humane
conditions of Work
Protection against Sexual Harassment
&
Right to Work with Dignity
UNIVERSALLY RECOGNIZED HUMAN RIGHT
CONVENTION ON ELIMINATION
OF ALL FORMS OF
DISCRIMINATION
Ratified on 23rd June,1993
Sexual Harassment of Women at Workplace
Recognized for the first time
by the Hon’ble SUPREME COURT
in 1997
Vishakha
v/s
State of Rajasthan
SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE
(PREVENTION, PROHIBITION
& REDRESSAL ) ACT, 2013
OBJECT
Protection
against sexual
harassment of
women at
workplace
Prevention of
sexual
harassment of
women at
workplace
Redressal
of
Complaints
S
Y
N
O
P
S
I
S

‘Sexual Harassment’- Definition S.2(n) & S. 3(2)

‘Aggrieved Woman’ – In Relation to a Workplace S.2(a)

‘Workplace’ – Definition S.2(o)

Duties of the Employer with Respect to the Workplace

Internal Complaints Committee (ICC)
Members Of ICC
Duties Of Members Of ICC
Appeal
Removal Of Member Of ICC
Duties Of Employer With Respect To ICC

Penalties

Cognizance by Courts
WHAT IS
SEXUAL HARASSMENT
UNWELCOME acts or behavior (whether directly or by Implication):
 Physical contact & advances
 Demand or Request for Sexual favors
 Making Sexually colored remarks
 Showing Pornography
 Any other unwelcome Physical,
Verbal or Non-Verbal conduct of Sexual Nature
Also . . .

Implied or Explicit
- PROMISE of preferential treatment or
- THREAT of detrimental treatment in her employment;
- THREAT about her present or futureemployment status;

INTERFERENCE with her work or

Creating an INTIMIDATING or OFFENSIVE or HOSTILE work
environment for her;

HUMILIATING TREATMENT likely to affect her health or
safety
WHO IS AN
AGGRIEVED WOMAN
In relation to a workplace
ANY WOMAN (Irrespective of Age)
Employed:
Organized or Unorganized
Sector
Public or Private Sectors
Casual / Temporaries
Unemployed:
Clients
Customers
Patients
Students/Interns
Domestic Workers
WHAT IS A
WORKPLACE
 Government Organization/ Public Sector
 Private Sector Organization & Services
 Other Places
WHAT IS A
WORKPLACE
Government Organization/ Public Sector
Department
Organization
Undertaking
Establishment
Enterprise
Institution
Office
Branch
Unit
-Established,
-Owned,
-Controlled,
-Wholly or
Substantially
financed by
funds directly
or indirectly
provided by-
-Appropriate Govt;
- Local Authority;
-Govt Company;
- Corporation;
-Co-operative
Society
Private Sector Organization & Services
• Private Sector
Organization
• Private Venture,
• Undertaking,
• Enterprise,
• Institution,
• Establishment,
• Society,
• Trust,
• Non-Governmental
Organization,
•Provider carrying:
•
- Commercial,
•
- Professional,
•
- Vocational,
•
- Educational,
•
- Entertainmental,
•
- Industrial,
•
- Health Services
•
- Financial
•
Activities
•(Including production,
Supply, Sale, Distribution or
service) Unit or Service
Other Places
 Hospitals or Nursing Homes
 Sports Institute, Stadium, Sports Complex
 Competition or Games venue (Residential or Not)
used for Training, Sports or other Activities relating
thereto
 ANY PLACE Visited During The Course Of Employment
 TRANSPORTATION during the Course of Employment
WHAT DOES AN
EMPLOYER HAVE
TO DO?
DUTIES OF EMPLOYER
with respect to the WORKPLACE
 PROVIDE
 CONSTITUTE
 DISPLAY
ORGANIZE
 INITIATE ACTION
 TREAT & TAKE ACTION
(MISCONDUCT)
DUTIES OF EMPLOYER
with respect to the WORKPLACE

To PROVIDE
- a safe Working Environment at the Workplace;
- safety from the persons coming into contact at the
workplace;
- assistance to the Woman if she chooses to file a
Complaint in relation to the offence under the
Indian Penal Code or any other Law;

To CONSTITUTE an Internal Complaints Committee (ICC)

DISPLAY at any prominent place at the workplace:
- Order constituting the ICC
-the Penal Consequences of Sexual Harassment;

To ORGANIZE workshops and Awareness programs at
regular intervals for sensitizing the employees with
the provisions of the Act.

Cause to INITIATE ACTION
-under the Indian Penal Code or any other Law,
against the perpetrator or if the aggrieved
Woman so desires,
-even when the perpetrator is not an Employee;

Treat Sexual Harassment as a MISCONDUCT under the
Service rules

INITIATE ACTION for such a Misconduct;
Every Employer
with
10 WORKERS or more to
constitute
INTERNAL
COMPLAINTS
COMMITTEE
District Officer to constitute in each district
LOCAL COMPLAINTS
COMMITTEE
JURISDICTION

Where no ICC has been constituted due to having less than
10 workers

Complaint against the Employer

Extend to the areas of the entire District
MEMBERS
OF THE
ICC
PRESIDING OFFICER :Woman employed at a
Senior Level at Workplace
from amongst the
Employees; If not Available
then- nominated from other
Offices or Administrative
Units of the Workplace
1 MEMBER FROM
NGO or
ASSOCIATIONS
Committed to cause of
Women OR Familiar
with issues relating to
Sexual Harassment.
2 MEMBERS
AMONGST
EMPLOYEES:Committed to the
cause of Women OR
Experience in Social
Work OR have Legal
Knowledge
ONE- HALF of the
Total Members
Nominated shall
be WOMEN
TENURE:
Not Exceeding 3
YEARS
FEES AND
ALLOWANCES:
EMPLOYER to
pay
for the Fees or
Allowances to
Member From
NGO Or
Associations
DUTIES
Of members of the ICC

To hear Complaint of the ‘Aggrieved Woman’

Steps to settle the matter through Conciliation at the request of the
‘Aggrieved Woman’ before initiating Inquiry

Initiate Inquiry

Punishment for False or Malicious Complaint and False Evidence

Determine Compensation

Prepare and Submit Annual Report
1.
Complaint
2.
Conciliation
3.
Inquiry
4.
False or Malicious Complaint &
False Evidence
5.
Compensation
6.
Annual Report
COMPLAINT

To be made to ICC or LCC within 3 months from the Last
Incident
Writing

By taking Assistance from the
Presiding Officer or Member to
make Complaint in Writing
Complaint against the Employer to be made to the LCC
1.
Complaint
2.
Conciliation
3.
Inquiry
4.
False or Malicious Complaint &
False Evidence
5.
Compensation
6.
Annual Report
CONCILIATION
Settlement ARRIVED between the parties Record Settlement
 Forward the copies of Settlement to the Employer with
recommendation
 No Inquiry to be Conducted
 Settlement Terms NOT complied with
- Inquiry to be conducted/ Action to be Taken
1.
Complaint
2.
Conciliation
3.
Inquiry
4.
False or Malicious Complaint &
False Evidence
5.
Compensation
6.
Annual Report
INQUIRY

According to Service Rules or Prescribed Rules;

Opportunity to both Parties to be heard;

After findings- the parties can make their Representation;

During the Pendency of Inquiry, ICC may make Recommendation to
the Employer to: Transfer the Aggrieved Woman or the Respondent to
any other Workplace; or
 Grant leave to the Aggrieved Woman upto period of
3 months; or
 Grant such other relief to the Aggrieved Woman as
maybe prescribed
INQUIRY
ICC to have Powers of
CIVIL COURT

Inquiry Report to be submitted within 10 days from the
completion of Inquiry to the Employer or the District Officer.
Allegation against Respondent
Proved
Allegation against Respondent
Not Proved
Recommendation to
Employer/District Officer
No Action
To deduct from Salary or
Wages such appropriate sums,
notwithstanding anything in
the Service Rules applicable to
the Respondent
Take Action- Misconduct
in accordance to Service
Rules
or
Rules
as
prescribed
.
1.
Complaint
2.
Conciliation
3.
Inquiry
4.
False or Malicious Complaint &
False Evidence
5.
Compensation
6.
Annual Report
FALSE OR MALICIOUS
COMPLAINT
OR
FALSE EVIDENCE
PUNISHED according to
Service Rules
Or
Manner as maybe
Prescribed
1.
Complaint
2.
Conciliation
3.
Inquiry
4.
False or Malicious Complaint &
False Evidence
5.
Compensation
6.
Annual Report
COMPENSATION
When allegation has been PROVED
ICC or LCC shall have regard to :
The Mental Trauma, Pain, Suffering and Emotional Distress;

The Loss in the Career Opportunity;

Medical Expenses incurred for Physical or Psychiatric Treatment;

The Income and Financial Status of the Other Party;

Feasibility of such Payment in lump sum or in Installments
1.
Complaint
2.
Conciliation
3.
Inquiry
4.
False or Malicious Complaint &
False Evidence
5.
Compensation
6.
Annual Report
ANNUAL REPORT
Members of the ICC To Submit the same to:
The Employer & District Officer;

Each Calendar Year;

Prescribed Form and Time
PENALTY TO
PUBLISH OR COMMUNICATE
 Proceedings;
 The identity and addresses of the Parties;
 Recommendations of the ICC;
 Action taken by the Employer;
TO THE
PUBLIC, PRESS AND MEDIA
REMOVAL OF MEMBER OF ICC

Publication or Making known the Contents of Complaint and Inquiry
Proceeding;

Convicted for an offence or an Inquiry into an Offence under any law for
the time being in force is Pending against him;

Found Guilty in any disciplinary proceedings or a disciplinary
proceeding is pending against him;

Abused his/her Position as to render his continuance in office
prejudicial to public interest
APPEAL

Appeal to Court or Tribunal
(In Accordance with the Service Rules or
Manner as maybe prescribed)

Within 90 DAYS of the Recommendations
DUTIES OF EMPLOYER
with respect to ICC or LCC

Organize Orientation Programs;

Provide necessary facilities to deal with the Complaint & to
Conduct an Inquiry;

Assist in securing the Attendance of persons;

Make available such information as it may require having
regard to the Complaint made;

Implement Recommendations ;

Send a Report of Recommendations implemented to ICC or LCC

To Act on the recommendations made in the Inquiry Report within
60 days

Monitor the timely submission of Reports by the ICC

To include information in Annual Report of his Organization- the
number of cases filed and their Disposal;
But if No Annual Report is required to be prepared- intimate such
number of cases to District Officer.

To Produce on demand before the Officer of the Appropriate
Government making Inspection all Information, Records and other
Documents in his Custody.
42
PENALTIES
Non Compliance of Provision of the Act by the EMPLOYER
FAILURE TO

Constitute ICC;

Take Action with respect to Inquiry Report;

Take Action with respect to False Malicious Complaint & False
Evidence;

Include information in Annual Report or Intimate number of cases to
District Officer;

Contravenes , Attempts or abets to contravene Provisions of the Act
PENALTIES
 Extend to Rs. 50,000/-
2nd or Subsequent Conviction
Twice the Punishment
which has been
imposed on 1st
Conviction
Cancellation/
Withdrawal /
Non-Renewal /
Approval of
Registration or License
of Business by
Authority
OTHER LAWS RELATED
TO
SEXUAL
HARASSMENT OF
WOMEN
CRIMINAL LAW:
INDIAN PENAL CODE
(IPC)
OFFENCE
PENALTY
Assault or Criminal Force to Woman with
Intent to OUTRAGE her MODESTY
Imprisonment of 1 Year which may extend
to 5 Years & Fine
Sexual Harassment of the nature of
Unwelcome Physical Contact & Advances,
Demand or Request for Sexual Favors,
Showing Pornography
May extend to 3 Years Imprisonment
or Fine or Both
Sexual Harassment of the nature of
making Sexually Colored Remark
May extend to 1 Year Imprisonment
or Fine or Both
Assault or use of Criminal Force to
Woman with Intent to DISROBE
Imprisonment : not less than 3 Years
which may extend to 7 Years &Fine
Voyeurism
Any Man who Watches, Captures the
image of Women engaging in a Private Act
in circumstances where she would usually
have the expectation of not being
observed
1st Conviction: Imprisonment not less than
1 Year but which may extend to 3 Years
And Fine
2nd / Subsequent Conviction:
Imprisonment not less than 3 Years but
which may extend to 7 Years
OFFENCE
PENALTY
Stalking
Any man who follows a Woman &
Contacts (or attempts to Contact)
such Woman to Foster Personal
interaction Repeatedly despite a
clear Indication of Disinterest by
such a Woman
1st Conviction: Imprisonment upto 3 Years
And fine
2nd / Subsequent Conviction: Imprisonment
upto 5 Years
Rape
R.I. not less than 10 Years which may extend
to Life Imprisonment & Fine
Sexual Intercourse by a Person in
Authority
R.I. not less than 5 Years which may extend
to 10 Years & Fine
Outrage of Modesty of a Woman
Simple Imprisonment which may extend to 3
Years & Fine
INFORMATION
TECHNOLOGY
ACT, 2000
OFFENCE
Sending offensive messages
through communication services,
etc
Violation Of Privacy
Publishing or Transmitting
Obscene Material in Electronic
Form
PENALTY
Imprisonment- term which may extend to 3
years & Fine
Imprisonment which may extend to 3 Years &
Fine not Exceeding Rs. 2 Lakh
1st Conviction: Imprisonment which may
extend to 3 Years & Fine of Rs. 5 Lakh
2nd /Subsequent Conviction: Imprisonment
which may extend to 5 Years & Fine of Rs. 10
Lakh
Publishing or Transmitting
Material containing Sexually
Explicit Act/s
1st Conviction: Imprisonment which may
extend to 5 Years & Fine of Rs. 10 Lakh
2nd /Subsequent Conviction: Imprisonment
which may extend to 7 Years & Fine of Rs. 10
LETS UNITE TO
Stop
Exploitation,
Molestation,
Abuse,
Assault