Reviewed By- Dr Vijay Agarwal Dr Chander Mohan Bhagat Dr Lallu Joseph Internal complaints committee (Presented by- Dr A Saravanavel, Dr Arya, Mr Charles, Dr PS Goswami, Dr Pratheesh , Mr Shalom, Ms Sunitha, Mr Venkatesan, Mr Murali, Ms NEETHU, Dr SONAM, Ms Swetha, Mr Vivek) Reviewed By- Dr Vijay Agarwal Dr Chander Mohan Bhagat Dr Lallu Joseph

Indian Law on Sexual Harassment 1997: Vishaka vs. State of Rajasthan The Constitution of India The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 The Indian Penal Code, 1860 3

Indian Law on Sexual Harassment at workplace - Precise Object No woman shall be subjected to sexual harassment at any workplace in India

What Constitutes Sexual Harassment It includes unwelcome sexual behavior of direct or implied nature such as: Physical contact & advances Request for sexual favours Sexually colored remarks Showing pornography & unwelcome physical, verbal or non-verbal sexual conduct If the complainant had welcomed the respondent’s conduct, the incident cannot fall under sexual harassment

Jokes causing or likely to cause awkwardness or embarrassment Sexual Advances Unsavoury remarks

Innuendos and taunts Gender based insults or sexist remarks Unwelcome sexual overtones in any manner

Touching or brushing against any part of the body and the like Forcible physical touch or molestation Displaying pornographic or other offensive or derogatory pictures, cartoons, pamphlets or sayings

Physical confinement against one’s will and any other act likely to violate one’s privacy Abuse of authority or power

In short.. Workplace Sexual Harassment is when the behavior is Unwelcome Sexual in Nature A Subjective Experience Impact not the intent matters

AGGRIEVED WOMAN All women working or visiting any workplace Regular employee Temporary employee Adhoc Daily wages Engaged directly or indirectly (contractor) Working for remuneration, voluntary or otherwise Terms of employment may be express or implied Could be a co-worker, contract worker, probationer, trainee, apprentice, visitor Also covers woman working in dwelling place or house

Workplace Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer Covers organised and unorganised sector Govt organizations Pvt sector organizations Hospitals/nursing homes Sports institutes, facilities Dwelling or house

Workplace.. extended Off sites Out bound trainings Client meetings Training sessions Office parties Any place visited by the employee arising out of; or during course of; employment, including transportation provided by employer. Travel for office purpose Any place where one visits in the course of due to employment

Who is the “Employer”? Employer Management Supervision Control Person discharging contractual obligations with respect to the employees Person/board/committee responsible for formulation of policies

ICC/LCC Members to hold office for a term not exceeding three years ICC for each branch, offices if there are multiple Functions To educate and sensitize employee about the issue To address the compliant, conduct enquiry etc. Operates as a Quasi Judicial Body with powers to Summon and enforce attendance Call for evidence, documents

Internal Complaints Committee (constituted through a written order) Mandatory for establishments employing 10 or more employees 50% shall always be women Chairman/Presiding officer Women Working at senior level as employee; 2 members From amongst the employees committed to the cause of women/ having legal knowledge/experience in social work Member From amongst NGO/ associations committed to the cause of women or a person familiar with the issue of sexual harassment ICC to prepare and submit an annual report to the employer and the District Officer

Local Complaints Committee (constituted by District Officer) LCC is the grievance redressal body with respect to: organizations having less than 10 employees organizations that have not set up an ICC 50% shall always be women Chairman Eminent Women in the field of social work and committed to the cause of women Member Nominated from among the women working in the block, tehsil or ward 2 members From amongst the employees committed to the cause of women/ having legal knowledge/experience in social work Ex Offio Member The concerned officer dealing with social welfare of women and child development in the district

Complaint Committee should Be thoroughly prepared Know the Act, Policy and/or relevant Service Rules Gather and record all relevant information Determine the main issues in the complaint Prepare relevant interview questions Conduct necessary interviews Ensure parties are made aware of the process and their rights/responsibilities within it Analyse information gathered Prepare the report with findings/recommendations Maintain Confidentiality Be impartial, non retaliation Clinical

Grievance Redressal Process Incident of Sexual Harassment 3 months Complaint made to ICC/LCC Employee requests for a settlement Beyond 3 months Settlement Not monetary; ICC to record settlement and forward to LCC and parties No further inquiry No settlement Reasons for delay to be recorded in writing Beyond 3 months Employee does not request for settlement INQUIRY

Grievance Redressal Process Allegation not proved Inquiry Principles of natural justice to be followed Inquiry report to be submitted to the Employer and the parties No action to be taken; Assessment of whether charges are false/malicious Allegation proved [within 60 days] ICC/LCC to inquire into whether the allegations were made with a malicious intention. Inability to substantiate the complaint or provide adequate proof doesn’t not amount to malice. Punishment as per service rules; Monetary penalty payable to the aggrieved woman Appeal to court/tribunal

Timelines as per the Act Submission of Complaint Within 3 months of the last incident Notice to the Respondent Within 7 days of receiving copy of the complaint Completion of Inquiry Within 90 days of complaint Submission of Report by ICC/LCC to employer/DO Within 10 days of completion of the inquiry Implementation of Recommendations Within 60 days Appeal Within 90 days of the recommendations Timelines as per the Act

Interim reliefs During the pendency of the enquiry, upon written request by the aggrieved employee: Transfer the aggrieved woman or the respondent to any other workplace Grant leave to the aggrieved woman up to a period of three months

Determination of Compensation Mental trauma, pain, suffering, emotional distress caused Loss in career opportunity due to the incident Medical expenses incurred Income/financial status of the respondent Feasibility of such payment in lump sum or in installments

Employer’s Obligations Value Billing Provide a safe working environment Display at the workplace, details of: the penal consequences of indulging in acts of sexual harassment composition of the ICC the grievance redressal mechanism available to aggrieved employees Organize workshops and awareness programs for sensitizing employees Organizing orientation programs for members of the ICC

Employer’s Obligations Cooperate and assist during the course of the inquiry Treat sexual harassment as misconduct under the service rules Provide assistance to the aggrieved employee, should she choose to file a police complaint; Initiate action under the IPC or such other applicable law Ensure timely submission of reports to the District Officer

Penalties Failure to constitute an ICC Contravention of any provision under the statute Fine of INR 50,000 (approx. US$1,000) Cancellation of business licences All offences under the statute are non-cognizable

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