The Sexual Harassment of Women at

Workplace

Prepared by: Manila Sarkaria,

Advocate

Protection Against Sexual Harassment

– Indian Laws

The Constitution of India

Vishakha & others v State of Rajasthan (1997)

The Indian Penal Code, 1860

The Sexual Harassment of Women at Workplace

(Prevention, Prohibition and Redressal) Act,

2013 and its Rules

Articles 14, 15, 19 and 21 Of The Constitution

Of India

Section 354 A Of The Indian Penal Code :

Sexual harassment and punishment for

sexual harassment

Guidelines stipulated by the Supreme Court of

India in Vishaka & Others vs. State of Rajasthan

(1997)

Relevant provisions

A welcomed step - The Sexual Harassment of

Women at Workplace (Prevention, Prohibition

and Redressal) Act, 2013 and its Rules

Sexual

Harassment

(Unwelcome

acts or

behavior)

Includes

Physical contact & advances

A demand or request for sexual

favors

Sexually colored remarks

Showingpornography

Unwelcome physical, verbal or

non-verbal conduct of

sexual nature

No woman shall be

subjected to sexual

harassment at any workplace

promise of preferential treatment in employment

threat of detrimental treatment in employment

threat about present or

future employment

status

interference with work or

creating intimidating

/hostile environment

humiliating treatment, likely to

affect health or safety

Circumstances Considered as Sexual Harassment

Prevention + Protection + Redressal

Providing Safe Working Environment

At The Workplace

Sensitizing employees and conducting

orientation programmes

Constitution of the Internal Complaints

Committee and providing necessary

facilities for conducting inquiries

Assisting the aggrieved woman

Complaints Committee

Local Complaints Committee: Grievance redressal body

for organisations having no Internal Complaints

Committee because of having less than ten employees

or where the complaint is against the employer

Internal Complaints Committee: Grievance redressal

body for establishments employing ten or more

employees

Internal Complaints Committee to be appointed by an

order in writing

At least half of the membership of the Internal

Complaints Committee to be women

Internal Complaints Committee to prepare and submit

an annual report to the employer and the District

Officer

Internal Complaints Committee - Composition

Internal Complaints Committee

Presiding Officer – Senior woman employee from the

workplace/other admin units/office/organisations.

Two members - employees –preferably, committed to the cause of women/experience

in social work/legal knowledge

One member from an NGO/other women’s

organisation/familiar with issues relating to sexual

harassment.

IF YOU BELIEVE YOU ARE BEING HARASSED

Communicate that the

behaviour is unwelcomed and

must to be stopped

Keep a record of incidents

(date, time, locations,

possible witnesses, what

happened, your response etc.)

Discuss or seek counselling

Lodge a complaint with the

appropriate complaints

committee

May choose to lodge a

complaint under the criminal

law or any other law for the

time being in force

Complaint Mechanism (Conciliation)

Incident of

Sexual

Harassment

Complaint

made to the

ICC/LCC

Reasons for delay

to be recorded in

writing

Inquiry into

complaint

If Aggrieved Woman does not request for

settlement

Beyond 3 months

3 months

Settlement:

• Not monetary

• ICC to record

settlement and

forward to

Employer /District

Officer & Parties

• No further

inquiry

Aggrieved Woman requests for a settlement

No settlement

Complaint Mechanism (Inquiry)

Incident of

Sexual

Harassment

Complaint

made to the

ICC/LCC

Reasons for

delay to be

recorded in

writingInquiry,

Conclusions &

Recommendations

Beyond 3 months

3 months

Allegation

Proved -

Misconduct

Allegation Not

Proved – No

action by

Employer

Allegation was

malicious/false – action

against woman/other

person

Inability to substantiate

the

complaint/inadequate

proof doesn’t not

amount to malice

APPEA

L

Violations & Penalties

Failure to

constitute

Internal

Complaints

Committee

Failure to take action

w.r.t. Inquiry Report,

Punishment for false

or malicious

complaints & evidence

and Annual report

Contravention

of other

provisions of

the Act or

Rules

Fine upto INR 50,000/-; subsequent violations:• Twice the punishment of the penalty first imposed

• Cancellation of business license

Thank You

Disclaimer – This presentation is the work of the author and shall not be reproduced, redistributed, passed on or published, in whole or in

part, except by or on the express instructions of the author. The information provided in this presentation is based on the interpretation of

laws by the author and does not constitute a legal opinion or advice.