ACTS related to Sexual Harassment of Women at Workplaces

Divya Chavan Jachak21st September, 2013

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FUNDAMENTALRights

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 to provide for just and humane

conditions of Work

State Policy

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

Prevention of sexual

harassment of women at

workplace

Redressal of

Complaints

Protection against sexual harassment of

women at workplace

SYNOPSIS

‘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 ICCDuties Of Members Of ICCAppealRemoval Of Member Of ICCDuties Of Employer With Respect To ICC

Penalties

Cognizance by Courts

WH

AT

ISSEXUAL 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

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

Also . . .

WH

O IS

AN

AGGRIEVED WOMANIn relation to a workplace

ANY WOMAN (Irrespective of Age)

Employed: Unemployed:

Organized or Unorganized Sector

Public or Private Sectors

Casual / Temporaries

Domestic Workers

Clients

Customers

Patients

Students/Interns

W

HAT

IS AWORKPLACE

Government Organization/ Public Sector

Private Sector Organization & Services

Other Places

W

HAT

IS A

WORKPLACE

Government Organization/ Public Sector

DepartmentOrganizationUndertakingEstablishmentEnterpriseInstitutionOffice BranchUnit

-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

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

Other Places

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 EMPLOYERwith 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;

INTERNAL COMPLAINTS COMMITTEE

Every Employer

with 10 WORKERS or more to constitute

LOCAL COMPLAINTS COMMITTEE

District Officer to constitute in each district

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

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

2 MEMBERS AMONGST

EMPLOYEES:- Committed to the

cause of Women OR Experience in Social Work OR have Legal

Knowledge

1 MEMBER FROM NGO or

ASSOCIATIONS Committed to cause

of Women OR Familiar with issues relating to Sexual

Harassment.

MEMBERS OF THE

ICC

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

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

DUTIESOf members of the ICC

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

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

CONCILIATIONSettlement ARRIVED between the parties-

1. Complaint

2. Conciliation

3. Inquiry

4. False or Malicious Complaint & False Evidence

5. Compensation

6. Annual Report

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

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

Recommendation to Employer/District Officer

Allegation against Respondent Not Proved

No Action

Take Action- Misconduct in accordance to Service Rules or Rules as prescribed

To deduct from Salary or Wages such appropriate sums, notwithstanding anything in the Service Rules applicable to the Respondent

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 RulesOr

Manner as maybe Prescribed

1. Complaint

2. Conciliation

3. Inquiry

4. False or Malicious Complaint & False Evidence

5. Compensation

6. Annual Report

COMPENSATIONWhen 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

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

REMOVAL OF MEMBER OF ICC

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

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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.

PENALTIESNon 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

VoyeurismAny 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 YearsAnd Fine2nd / Subsequent Conviction: Imprisonment not less than 3 Years but which may extend to 7 Years

OFFENCE PENALTY

StalkingAny 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 YearsAnd fine2nd / 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 PENALTY

Sending offensive messages through communication services, etc

Imprisonment- term which may extend to 3 years & Fine

Violation Of Privacy Imprisonment which may extend to 3 Years & Fine not Exceeding Rs. 2 Lakh

Publishing or Transmitting Obscene Material in Electronic Form

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

Lakh

LETS UNITE TO

Stop

Exploitation,

Molestation,

Abuse,

Assault