The Sexual Harassment of Women at Workplace (January 2014)

8/12/2019 The Sexual Harassment of Women at Workplace (January 2014)

1/33

Came into force with effect from

December 9, 2013


2/33

23rdSEPTEMBER 1992- Bhanwari Devi whoworked as a Saathin in Government ofRajasthans project was gang raped for tryingto stop child marriage which led to a PIL being

filed by an organisation called Vishakha Historical Perspective

1997 The Supreme Court of India delivers ajudgement in the case of Vishaka and Others

versus State of Rajasthan and Others & issuesguidelines to provide for the effectiveenforcement of the basic human rights ofgender equality & guarantee against sexualharassment and abuse at work places.


3/33

The disciplinary authority shall treat the report/findings

etc. of the Complaints Committee as the findings in adisciplinary inquiry against the delinquent employee andshall act on such report accordingly. The findings and thereport of the Complaints Committee shall not be treatedas a mere preliminary investigation or inquiry leading to adisciplinary action but shall be treated as a finding/report

in an inquiry into the misconduct of the delinquent.

Complaints Committee will be deemed to be an inquiryauthority for the purposes of Central Civil Services(Conduct) Rules, 1964

Similar amendment shall be carried out in the IndustrialEmployment (Standing Orders) Rules.

The Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redresal) Act, 2013 passedon April 23, 2013 AND came into force on 9thDecember2013


4/33

The Act mostly incorporates all the Vishakhaguidelines in terms of Inquiries and InquiryCommittee

The definition of Sexual Harassment alsoremains the same

Applies to all establishments

Employees include those who are temporary,casual, contract, probationer, trainee, ad

hoc, volunteer but not domestic workerworking at home

The victim is only a woman- she need not bean employee


5/33

''sexual harassment'' includes such

unwelcome sexually determined behaviour

(whether directly or by implication) as

(i) physical contact and advances; or (ii) a demand or request for sexual favours;

or

(iii) sexually coloured remarks; or

(iv) showing pornography; or

(v) any other unwelcome physical, verbal or

non-verbal conduct of sexual nature;


6/33

(i) implied or overt promise of preferentialtreatment in her employment; or

(ii) implied or overt threat of detrimentaltreatment in her employment; or

(iii) implied or overt threat about herpresent or future employment status; or

(iv) conduct of any person which interfereswith her work or creates an intimidating or

offensive or hostile work environment forher; or

(v) humiliating conduct constituting healthand safety problems for her.


7/33

Affects a womans right to equality and

equal protection at the workplace

Is discriminatory behaviour and affects

her opportunities at the workplaceRefusal could lead to harassment at other

levels and the conditions of her

employment

Causes her stress which could affect

discharge of her duties/ performance


8/33

Unwelcome idle chatter of sexual nature

Graphic sexual descriptions

Sexual slurs

Sexual innuendos

Comments about a persons private life

Offensive jokes

Sexual teasing

Sexual sounds like whistling

Taunts

Unwelcome repetitive staring

Ogling

Invading anothers personal space


9/33

Provocative comments about a persons clothesor the way their clothes fit

Mimicking in a sexual nature about the way a

person walks, talks or sits

Implied or overt threats for a sexual favors

Repeated unsolicited propositions to meet in

person or to speak over the phone

Repeated unsolicited phone calls or textmessages

Patting

Pinching


10/33


11/33

''aggrieved woman'' in relation to aworkplace means a woman, of any age,who alleges to have been subjected to

any act of sexual harassment by therespondent and includes a womanwhether employed or not

(Section 2(a) )

'employer'' any person responsible forthe management, supervision andcontrol of the workplace;

Section 2 (f)


12/33

a person employed at a workplace for anywork on regular, temporary, ad hoc or dailywage basis, either directly or through anagent, including a contractor, with or

without the knowledge of the principalemployer, whether for remuneration or not,or working on a voluntary basis or otherwise,whether the terms of employment are

express or implied and includes a co-worker,a contract worker, probationer, trainee,apprentice or called by any other such name

But does not include domestic workerworking at home


13/33

(ii) any private sector organisation or a private

venture, undertaking, enterprise, institution,

establishment, society, trust, non-governmental

organisation, unit or service provider carrying

on commercial, professional, vocational,educational, entertainment, industrial, health

services or financial activities including

production, supply, sale, distribution or service;

(iv

) any place visited either by air, land, rail orsea by the employee arising out of, or during

and in the course of employment;

Section 2 (n)


14/33

Establishments with more than 10 employees to

set up INTERNAL COMPLAINTS COMMITTEE (ICC)

SEPARATE FOR EACH OFFICE OR BRANCH

Establishments with less than 10 employees to gobefore the LOCAL COMPLAINTS COMMITTEE (LCC)

LCC to be set up in each district- to investigate

complaints regarding sexual harassment from

establishments where the ICC has not been

constituted on account of the establishment

having less than 10 employees or if the

complaint is against the employer.


15/33


16/33

make available to the Committee information

that it may require

provide assistance to the woman if she so

chooses to file a complaint in relation tothe offence under IPC or any other law

initiate action, under IPC or any other law

against the perpetrator after the conclusion

of the inquiry, or without waiting for theinquiry, where the perpetrator is not an

employee in the workplace at which the

incident of sexual harassment took place


17/33

Presiding Officer- Senior Woman Employee

or when none available, District Officer to

nominate member of local Committee

2 employee nominees 1 NGO member- Social Worker of 5 years

standing or person well versed in law

At least half members to be women

Term of office is 3 years


18/33


19/33

(a) transfer the aggrieved woman or the

respondent to any other workplace; or

(b) grant leave to the aggrieved woman; or

(c) grant such other relief to the aggrievedwoman as may be prescribed

ON HER REQUEST

RTI not applicable to SH proceedings

NAMES AND OTHER DETAILS TO BE KEPT

CONFIDENTIAL


20/33

Aggrieved woman to make written complaint

Where she is unable to- someone on herbehalf can make the same (friend, family,colleague, special educator or psychiatrist or

guardian (where she is mentally incapable),person who is knowledgeable of the incidentwith her written consent, NCW/SCW

6 copies of the complaint to be given along

with copies of supporting documents andnames and addresses of witnesses

One copy of the complaint to be sent to theRespondent within 7 days


21/33

Respondent to file reply with supporting

documents and witnesses names and

addresses within 10 days of receipt of

complaint

then Complaints Committee will hear the

Complaint

Ex Parte decision can be taken after giving 15

days notice to absent party Lawyers cannot represent employees in the

proceedings


22/33

Woman has right to be present throughout inquiry

and entitled to copies of the proceedings

Both sides given opportunity to be heard and cross

examine the others witnesses

Principles of natural justice to be followed Settlement/ Conciliation ONLY if the woman

requests for it

No particular number of witnesses required

Both parties can produce witnesses


23/33

Call for any records that may be relevant

Statements of both the Aggrieved woman and the

Charge-sheeted employee to be recorded

Unwelcome conduct of sexual nature means

unwelcome to the woman

CAN ACT ONLY ON THE WORD OF THE WOMAN

After conclusion of the enquiry send report to the

employer recommending action

Inquiry to be disciplinary inquiry under ServiceRegulations

Appeal can be filed by either party to the Appellate

Authority


24/33


25/33

On the request of the woman (a) transfer her or the respondent to any other workplace; or

(b) grant leave to her over and above that which she is entitled to;

or

(c) grant such other relief to the aggrieved woman as may beprescribed

Under Rule 8

Not report her work performance or write her confidential

report In academic institutions not supervise her academic

activity


26/33

For the complaint- 3 months within the last

incident but can be extended by the

Committee

Inquiry Report to be submitted aftercompletion of inquiry - 10 days

Entire proceedings to be completed- 90 days

Action to be taken on Committees Report by

Employer - within 60 days of submission For appeal to be filed- within 90 days


27/33

(i) to take action for sexual harassment as a misconduct inaccordance with the provisions of the service rulesapplicable to the respondent or where no such servicerules have been made, in such manner as may beprescribed;

(ii) to deduct, notwithstanding anything in the servicerules applicable to the respondent, from the salary orwages of the respondent such sum of compensation to bepaid to the aggrieved woman or to legal heirs, as it maydetermine, in accordance with the provisions of section15:

Provided that in case the employer is unable to make suchdeduction from the salary of the respondent due to hisbeing absent from duty or cessation of employment it maydirect to the respondent to pay such compensation to theaggrieved woman


28/33

(a) the mental trauma, pain, suffering and

emotional distress caused to the aggrieved

woman;

(b) the loss in the career opportunity due tothe incident of sexual harassment;

(c) medical expenses incurred by the victim

for physical or psychiatric treatment;

(d) the income and financial status of therespondent;

(e) feasibility of such payment in lump sum

or in instalments.


29/33

WRITTEN APOLOGY

WARNING

REPRIMAND OR CENSURE

WITHHOLDING OF PROMOTIONWITHHOLDING OF PAY RISE OR INCREMENTS

TERMINATING THE RESPONDENT FROM

SERVICE

UNDERGOING A COUNSELLING SESSION

CARRYING OUT COMMUNITY SERVICE


30/33

Where the Committee arrives at a conclusion that the allegation againstthe respondent is false or malicious or the aggrieved woman or any otherperson making the complaint has produced any forged or misleading

document, it may recommend to the employer or the District Officer, asthe case may be, to take action against the Complainant in accordancewith the provisions of the service rules applicable to her or him or whereno such service rules exist, in such manner as may be prescribed:

Provided that a mere inability to substantiate a complaint or provideadequate proof need not attract action against the complainant underthis section:

Provided further that the malicious intent or falsehood on part of thecomplainant shall be established after an inquiry in accordance with theprocedure prescribed, before any action is recommended.

Penalty also for witness giving false evidence


31/33

The District Officer shall,

(a) monitor the timely submission of reports

furnished by the Internal Committee

or the Local Committee; (b) take such measures as may be necessary

for engaging non-governmental organisations

for creation of awareness on sexual

harassment and the rights of the women.


32/33

Annual reports to be submitted by IC/LC to District

Officer re complaints received and cases handled

Employer to maintain records that can beinspected by Govt.

Punishment for not constituting IC- Rs. 50,000


33/33

No of complaints of sexual harassment

received in the year

Number of complaints disposed of during the

yearNumber of cases pending for more than 90

days

Number of workshops or awareness

programmes heldNature of action taken by the employer or

District Officer

The Sexual Harassment of Women at Workplace (January 2014)

Documents

Transcript of The Sexual Harassment of Women at Workplace (January 2014)