OF
110/13
Section-B
Semester-10th
B.A. LLB(Hons.)
INDEX
CONTENTS PAGE NO
1. INTRODUCTION
2. BACKGROUND
3. The Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013
• Objectives of the Act • Features of the Act
• Definitions:
Sexual Harassment
Work Place
• Prevention of Sexual Harassment
• Complaints Committee
Internal Complaints Committee(Section-4)
Local Complains Committee(Section-6)
Power of ICC and LCC
Composition. tenure and other terms and conditions of Local
Complaints Committee(section-7)
• Complaints Procedure(Section-9)
• Punishment for false or malicious complaints and false evidence (section-14)
• Determination of compensation (section 15)
• Duties of employer
• Duties and powers of District Officer
• Other law related to prevent the women form sexual harassment at work
place
4. OTHER LABOUR WELFARE LAW FOR WOMEN
5. CONCLUSION
Table of cases
Introduction:
Labour laws apply to that area of activity where workers are working
under a contract of employment. As the workers are being Subject to
exploitation and discrimination and their human rights being violated so
the need arose for enactment of the labour laws for their protection and
security. Working women form a major thick peace of society. Amongst
– labourers, the conditions of working women is particularly vulnerable.
They belong to the weaker Section of the society. They need equal
treatment and special protection under the law. This special treatment to
women workers is due to the peculiar and psychological reasons, such as
their physical build up, poor health due to repeated pregnancies, home
drudgery and due to nature of occupation in which they are engaged. To
protect this vulnerable group, many legislative provisions have been
provided in almost all labour statutes which address problems of women
labourers in their employment situation.
Work undertaken by women in every field is grossly underestimated,
under-valued and subject to gender based discrimination. Despite a
plethora of legislations that attempt to remove inequalities in the
workplace, India is witnessing a steady decline in the participation rate of
women in the labour workforce.
Sexual harassment is a serious manifestation of sex discrimination at the
workplace and a violation of human rights as well as fundamental rights,
enshrined in the Constitution of India. It is yet another form of violence
against women reflecting patriarchal mindsets and gender based
discrimination that women experience at work. It is also a manifestation
of power relations, as women are much more likely to be the victims of
sexual harassment because of their already existing vulnerability,
insecurity, and social conditioning to accept discrimination in silence.
BACKGROND
In 1997, the Hon'ble Supreme Court of India, in Vishaka and Others Vs.
State of Rajasthan and Others1("Vishaka Judgment") acknowledged
the gravity of sexual harassment of the working women at the workplaces
and laid down guidelines making it mandatory for employers to prevent
the commission of acts of sexual harassment and to provide the
procedures for the resolution, settlement or prosecution of acts of sexual
harassment. The guidelines issued by the Hon'ble Supreme Court were
treated as law declared by the Hon'ble Supreme Court under Article 141of
the Constitution of India. It was held by the Hon'ble Supreme Court that
the guidelines framed by the Supreme Court would be strictly observed
in all work places for the prevention and enforcement of the right to
gender equality of the working women.
It was observed by various Courts from time to time in the past that the
guidelines and norms framed by the Hon'ble Supreme Court in Vishaka
Judgment have not been followed in workplaces strictly.
• The Act defines sexual harassment at the work place and creates a
mechanism for redressal of complaints. It also provides safeguards
against false or malicious charges.
• The Act also covers concepts of 'quid pro quo harassment' and 'hostile
work environment' as forms of sexual harassment if it occurs in
connection with an act or behavior of sexual harassment.
• The definition of "aggrieved woman", who will get protection under
the Act is extremely wide to cover all women, irrespective of her age
or employment status, whether in the organized or unorganized sectors,
public or private and covers clients, customers and domestic workers
as well.
• While the "workplace" in the Vishaka Guidelines is confined to the
traditional office set-up where there is a clear employer-employee
relationship, the Act goes much further to include organizations,
department, office, branch unit etc. in the public and private sector,
organized and unorganized, hospitals, nursing homes, educational
institutions, sports institutes, stadiums, sports complex and any place
1
http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/Prevention_of_Sexual_Harassme
nt_at_Workplace.pdf
2
https://en.wikipedia.org/wiki/Sexual_Harassment_of_Women_at_Workplace_(Prevention,_Prohibition_and_Red
ressal)_Act,_2013
visited by the employee during the course of employment including the
transportation. Even non-traditional workplaces which involve tele-
commuting will get covered under this law.
• The Committee is required to complete the inquiry within a time period
of 90 days. On completion of the inquiry, the report will be sent to the
employer or the District Officer, as the case may be, they are mandated
to take action on the report within 60 days.
• Every employer is required to constitute an Internal Complaints
Committee at each office or branch with 10 or more employees. The
District Officer is required to constitute a Local Complaints Committee
at each district, and if required at the block level.
• The Complaints Committees have the powers of civil courts for
gathering evidence.
• The Complaints Committees are required to provide for conciliation
before initiating an inquiry, if requested by the complainant.
• The inquiry process under the Act should be confidential and the Act
lays down a penalty of Rs 5000 on the person who has breached
confidentiality.
• The Act requires employers to conduct education and sensitization
programs and develop policies against sexual harassment, among other
obligations.
• Penalties have been prescribed for employers. Non-compliance with
the provisions of the Act shall be punishable with a fine of up to Rs
50,000. Repeated violations may lead to higher penalties and
cancellation of license or registration to conduct business.
• Government can order an officer to inspect workplace and records
related to sexual harassment in any organization.
Definitions3 Sexual Harassment
The Act has adopted the definition of 'sexual harassment' from Vishaka
Judgment and the term sexual harassment includes any unwelcome acts
3
https://www.lawctopus.com/academike/sexual-harassment-at-the-workplace
or behavior (whether directly or by implication) such as physical contact
and advances, demand or request for sexual favours, making sexually
coloured remarks, showing pornography or any other unwelcome
physical, verbal or non-verbal conduct of sexual nature.
In, Apparel Export Promotion Council Vs. A.K. Chopra 3, the Hon'ble
Supreme Court while deciding an issue whether the act of a superior
officer (wherein such superior officer tried to molest his junior woman
employee) would amount to sexual harassment, the Court relied on the
definition of the term 'sexual harassment' laid down by the Supreme Court
in the Vishaka Judgment (which is similar to the definition of the Sexual
Harassment provided in the Act) held that "the act of the respondent was
unbecoming of good conduct and behavior expected from a superior
officer and undoubtedly amounted to sexual harassment..."
"workplace" includes-—
i. any department, organisation, undertaking, establishment,
enterprise, institution, office, branch or unit which is established,
owned, controlled or wholly or substantially financed by funds
provided directly or indirectly by the appropriate Government or
the local authority or a Government company or a corporation or a
co-operative society;
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;
iii. hospitals or nursing homes;
iv. any sports institute, stadium, sports complex or competition or
games venue, whether residential or not used for training, sports
or other activities relating thereto;
v. any place visited by the employee arising out of or during the
course of employment including transportation provided by the
employer for undertaking such journey;
vi. a dwelling place or a house;
i) a Presiding Officer,
ii) not less than two members from amongst employees preferably
committed to the cause or women or who have had experience in
social work or have legal knowledge and
iii) one member from amongst non-governmental organizations or
associations committed to the cause of women or a person familiar
with the issues relating to sexual harassment. In order to ensure
participation of women employees in the ICC proceedings, the Act
requires that at least one-half of the members of ICC nominated by
employer are women.
The Bombay High Court (“Court”) ruled that it would not interfere with
an order of punishment passed by the Internal Complaints Committee
(“ICC”) in relation to a sexual harassment complaint, unless the order is
shockingly disproportionate.
4
https://www.lawctopus.com/academike/standards-women-labour-law
The Court passed this judgment in the case of
Vidya Akhave (“Petitioner”) v. Union of India and Ors5in relation to the
new Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013 of India (“Sexual
Harassment Act”).
The Court observed that the employer must sufficiently comply with the
duties cast upon it under the Sexual Harassment Act. The Court also stated
that (a) an employer must provide for an effective mechanism for
prevention of sexual harassment of women at workplace; (b) male
employees must be sensitized towards the concerns of female employees
and (c) the ICC must deal with complaints of sexual harassment in an
expedited manner.
The act stipulates that the ICC and LCC shall, while inquiring into a
complaint of workplace sexual harassment, have the same powers as
vested in a civil court under the Code of Civil Procedure, 1908 when
trying a suit in respect of:
5
Writ Petition 796 of 2015
a. a Chairperson to be nominated from amongst the eminent women in
the field of social work and committed to the cause of women;
b. one Member to be nominated from amongst the women working in
block, taluka or tehsil or ward or municipality in the district;
c. two Members, of whom at least one shall be a woman, to be
nominated from amongst such non-governmental organisations or
associations committed to the cause of women or a person familiar with
the issues relating to sexual harassment, which may be prescribed:
Provided that at least one of the nominees should, preferably,
have a background in law or legal knowledge:
Provided further that at least one of the nominees shall be a
woman belonging to the Scheduled Castes or the Scheduled
Tribes or the Other Backward Classes or minority community
notified by the Central Government, from time to time;
d. the concerned officer dealing with the social welfare or women and
child development in the district, shall be a member ex officio.
2. The Chairperson and every Member of the Local Committee shall
hold office for such period, not exceeding three years, from the date of
their appointment as may be specified by the District Officer.
3. Where the Chairperson or any Member of the Local Complaints
Committee- —
e. contravenes the provisions of section 16; or
f. has been convicted for an offence or an inquiry into an offence under
any law for the time being in force is pending against him; or
g. has been found guilty in any disciplinary proceedings or a
disciplinary proceeding is pending against him; or
h. has so abused his position as to render his continuance in office
prejudicial to the public interest, such Chairperson or Member, as the
case may be, shall be removed from the Committee and the vacancy
so created or any casual vacancy shall be filled by fresh nomination
in accordance with the provisions of this section.
4. The Chairperson and Members of the Local Committee other than
the Members nominated under clauses (b) and (d) of sub-section (1) shall
be entitled to such fees or allowances for holding the proceedings of the
Local Committee as may be prescribed.
Complaint procedure(section-9):
The Act stipulates that aggrieved woman can make written complaint of
sexual harassment at workplace to the ICC or to the LCC (in case a
complaint is against the employer), within a period of three months from
the date of incident and in case of a series of incidents, within a period of
three months from the date of last incident. If the aggrieved woman is
unable to make complaint in writing, reasonable assistance shall be
rendered by the presiding officer or any member of the ICC (or in case
the aggrieved woman is unable to make complaint in writing to the LCC,
the reasonable assistance shall be rendered by the Chairperson or any
member of the LCC) for making the complaint in writing.
6
https://blog.ipleaders.in/sexual-harassment-at-workplace
psychiatric treatment;
iv. the income and status of the alleged perpetrator; and v. feasibility
of such payment in lump sum or in installments.
In the event that the respondent fails to pay the aforesaid sum, ICC
may forward the order for recovery of the sum as an arrear of land
revenue to the concerned District Officer.
Duties of employer.
Every employer shall—
a. provide a safe working environment at the workplace which shall
include safety from the persons coming into contact at the
workplace;
b. display at any conspicuous place in the workplace, the penal
consequences of sexual harassments; and the order constituting, the
Internal Committee under subsection (I) of section 4;
c. organise workshops and awareness programmes at regular intervals
for sensitising the employees with the provisions of the Act and
orientation programmes for the members of the Internal
Committee in the manner as may be prescribed;
d. provide necessary facilities to the Internal Committee or the Local
Committee, as the case may be, for dealing with the complaint and
conducting an inquiry;
e. assist in securing the attendance of respondent and witnesses before
the Internal Committee or the Local Committee, as the case may be;
f. make available such information to the Internal Committee or the
Local Committee, as the case may be, as it may require having
regard to the complaint made under sub-section (1) of section 9;
g. provide assistance to the woman if she so chooses to file a complaint
in relation to the offence under the Indian Penal Code or any other
law for the time being 45 of 1860. in force;
h. cause to initiate action, under the Indian Penal Code or any other
law for the 45 of 1860. time being in force, against the perpetrator,
or if the aggrieved woman so desires, where the perpetrator is not an
employee, in the workplace at which the incident of sexual
harassment took place;
i. treat sexual harassment as a misconduct under the service rules and
initiate action for such misconduct;
j. monitor the timely submission of reports by the Internal Committee.
Duties and powers of District Officer.
The District Officer shall-
a. monitor the timely submission of reports furnished by the Local
Committee;
b. take such measures as may be necessary for engaging
nongovernmental organisations for creation of awareness on
sexual harassment and the rights of the women.
While there are multiple legislations aimed only at women, such as the
Sexual harassment at Workplace Act, Maternity Benefits Act, etc., a
number of other statutes that are aimed at the general working populace
have special provisions for the welfare of women workers, namely:
Special provisions regarding the health, safety and welfare for women,
social security measures and wage protection are contained in the
abovementioned statutes. The provisions relating to the welfare of
women in all of these acts are as follows:
Conclusion
• https://blog.ipleaders.in/sexual-harassment-at-workplace
• https://www.lawctopus.com/academike/standards-women-labour-law
• Labour law and international labor law , menu paul,Allahabad law agency, 18 th edition
2011
• Labour law,S.N.Misra, central law publication, 19th edition 2010