SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT, 2013 (Prevention, Prohibition & Redressal) Sensitization programme at Medchal GST Commissionerate, Hyderabad Zone. Date of Presentation : 18.10.2017 Medchal GST Commissionerate 18/10/2017

Medchal GST Commissionerate 18/10/2017

It’s a legal requirement to prevent, prohibit and address this issue at “Workplace” Medchal GST Commissionerate 18/10/2017

Vishakha Guidelines Supreme Court of India Judgement 1997 (Ref: Vishakha and Ors. V State of Rajasthan) The judgment of August 1997 provided the basic definitions of Sexual Harrasment at the workplace and provided guidelines to deal with it. It is seen as a significant legal victory for women's groups in India Estalished that “Sexual Harassment violates a woman’s right in the workplace and is thus not just a matter of personal injury” Right to life means life with dignity. Gender equality includes protection from sexual harassment and right to work with dignity, which is a universally recognised basic human right. In the absence of enacted law, the Supreme Court in the Vishaka judgement (1997) has laid down the guidelines and norms for compliance at all work places/institutions. Under article 141 of the Constitution, these guidelines and norms of the Supreme Court are required to be treated as THE LAW OF THE LAND. Medchal GST Commissionerate 18/10/2017

“In the absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment and abuse, we lay down the guidelines and norms specified hereinafter for due observance at all work places or other institutions, until a legislation is enacted for this purpose. …and it is further emphasised that this would be treated as the law declared by this Court under Art. 141 of the Constitution.” (Honorable SC in Visakha Guidelines) Medchal GST Commissionerate 18/10/2017

The Criminal Law (Amendment) Ordinance, 2013 passed Post The Delhi gang rape case 2012, the central government appointed a judicial committee headed by Shri. J. S. Verma, a former Judge of Supreme Court, to suggest amendments to criminal law to sternly deal with sexual assault cases. The Criminal Law (Amendment) Ordinance, 2013 passed Medchal GST Commissionerate 18/10/2017

TIMELINE 2010 -The Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal)Bill, 2012 was introduced in the Lok Sabha 2012 – The Bill was passed by Lok Sabha 2013 – The Bill was passed by the Rajya Sabha, received President’s assent and published in Official Gazette Medchal GST Commissionerate 18/10/2017

PREAMBLE OF THE ACT An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. Medchal GST Commissionerate 18/10/2017

APPLICABILITY Extends to whole of India Every Organisation who has more than 10 employees. Medchal GST Commissionerate 18/10/2017

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 Medchal GST Commissionerate 18/10/2017

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 organisations Pvt sector organisations Hospitals/nursing homes Sports institutes, facilities Dwelling or house Medchal GST Commissionerate 18/10/2017

WORKPLACE…CONTINUED Office parties Off sites Out bound trainings Client meetings Training sessions Travel for office purpose Any place where one visits in the course of employment Medchal GST Commissionerate 18/10/2017

EIL/LA Monika Mehndiratta Gupta SEXUAL HARASSMENT Sexual Harassment includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely: physical contact and advances or a demand or request for sexual favour or sexually colored remarks or showing pornography or other offensive or derogatory pictures, cartoons or any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

Sec 3(2) of the Act Following acts when in relation to behaviour of Sexual Harassment may amount to sexual harassment (i) implied or explicit promise of preferential treatment in her employment or (ii) implied or explicit threat of detrimental treatment in her employment or (iii) implied or explicit threat about her present or future employment status or (iv) interference with her work or creating an intimidating or offensive or hostile work environment for her or (v) Humiliating treatment likely to affect her health or safety.

EMPLOYER Workplace of Central Government / State Government/ Local Authority/Body -The Head or the Officer Specifies Private Workplace -The Person responsible for the management/supervision/control Dwelling House -The person who employs /benefits from such employment Medchal GST Commissionerate 18/10/2017

DUTIES OF EMPLOYER Provide Safe Working Environment Display at conspicuous places the penal consequences of sexual harassment and the order constituting the Internal Complaints Committee(ICC) Organize workshops and awareness programs at regular intervals for sensitising employees with the provisions of the act and orientation program for the internal committee Provide facilities for the internal committee for dealing with the complaint and conducting enquiry

Assist in securing the attendance of respondent and witnesses before the internal committee Provide assistance to a woman if she chooses to file a complaint in relation to the Indian Penal Code or any other law for the time being in force Cause to initiate action under the Indian Penal Code or any other law in force for the time being, if the woman so desires, where the perpetrator is not an employee in the workplace where the incident of sexual harassment took place Treat Sexual harassment as a misconduct under the service rules and initiate action for such misconduct Monitor timely submission of reports by internal committee

INTERNAL COMPLAINTS COMMITTEE (ICC) Employer with more than 10 employees shall pass an order, in writing, to create ICC at all branches & act on its recommendation. At least half of the committee members shall be women Members of the Committee Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees Not less than two members from amongst employees preferably committed to the cause of women/ experience in social work/ have legal knowledge One member from the NGO/ associations committed to the cause of women/ person familiar with the issues relating to sexual harassment The Committee members to hold office for three years and External member will be paid fees

SEXUAL HARASSMENT COMPLAINT Need to make in writing (6 copies) along with supporting documents with the name and address of the witnesses Complaint to be made within 3 months of the incident or from last instance in case of series of incidents The Committee shall assist the aggrieved woman to make the complaint in writing It can extend the time for filing complaint if it is satisfied with the reason for the delay If she is unable to do so due to mental or physical incapacity then the legal heir or the person as may be prescribed may make a complaint under this section.

INQUIRY INTO THE COMPLAINT The internal committee has same powers as are vested in a civil court, such as Summoning and enforcing attendance of any person and examining him on oath Requiring the discovery and production of documents Any other matter which may be prescribed Inquiry to be completed within 90 days

INQUIRY PROCESS Follow the Principles of natural Justice Order Ex-parte or terminate the proceedings if the complainant or Respondent fail to be present for three consecutive hearings Legal Practitioners are not permitted Confidentiality to be maintained Medchal GST Commissionerate 18/10/2017

INQUIRY REPORT AND RECOMMENDATIONS To be provided to the employer by the Internal Committee, within 10 days of completion of inquiry and to be made available to the concerned parties. If the committee reaches a conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer that no action is required against the respondent. If the committee reaches a conclusion that the allegation against the respondent has been proved, it shall recommend to the employer To take action as a misconduct in accordance with the provisions of service rules applicable to the respondent, where no such service rules have been made, in such a manner as may be prescribed To deduct an amount appropriate from the salary or wages The Employer shall act upon the recommendations within 60 days.

RECOMMENDATIONS In case allegations are Proven Service Rules to be followed as for “misconduct” Disciplinary Actions like Written Apology, Warning Reprimand With-holding of promotion With-holding of pay increase or increments Counselling Sessions Community Service Termination from services Financial Damages Additional recommendations to address underlying factors Medchal GST Commissionerate 18/10/2017

FALSE ACCUSATION Punishment for False or Malicious Complaint and False Evidence Mere inability to substantiate a complaint or provide adequate proof need not attract action against a complaint. If the internal committee comes to a conclusion that it was a false and /or malicious accusation and /or the witness has given false evidence or produced any forged or misleading document, it may recommend the employer of the complainant and/or the witness to take action in accordance with the provisions of the service rules or where no such service rules exist, in such manner as may be prescribed.

DETERMINATION OF COMPENSATION For the purpose of determining the sums to be paid to the aggrieved woman, the internal committee shall base it on: The mental trauma, pain, suffering and emotional distress caused to her The loss in career opportunity due to the incident of sexual harassment Medical expenses incurred by the victim for physical or psychiatric treatment The income and financial status of the respondent Feasibility of payment in lump sum or in instalments.

CONFIDENTIALITY Notwithstanding anything contained in the Right to information Act, 2005, following can not be communicated or made known to public, press or media Identity and address of the aggrieved woman, respondent or witnesses Any information relating to conciliation and inquiry proceedings, recommendations of the internal committee Action taken by the employer There is a penalty for the person entrusted with the duty to handle or deal with the complaint, inquiry, recommendations or actions for the publication or making known the contents of complaint and inquiry proceedings.

CONCILIATION Initiate conciliation process in the form of Verbal warning Counselling Educating Appoint neutral conciliator to resolve Forward the findings/ conciliation resolution to employer The choice for conciliation is of the complainant Medchal GST Commissionerate 18/10/2017

INTERIM MEASURES The ICC may recommend: Restrain the respondent from reporting on work performance of the Aggrieved woman Writing her Confidential Report, appraisal Supervising her academic activities Transfer the Complainant or Respondent Place Complainant or Respondent on Leave Medchal GST Commissionerate 18/10/2017

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 Medchal GST Commissionerate 18/10/2017

MONITORING BY THE EMPLOYER Submission of Annual Report No of cases received No of cases disposed of No of case pending more than 90 days No of workshops/awareness sessions carried out Nature of action taken by employer Inspection Make available any information, records or document including physical inspection of workplace Mention in the Directors Report (Private Sector) Medchal GST Commissionerate 18/10/2017

CONSEQUENCES OF NON COMPLIANCE Penalty of INR 50,000/- , where the employer Fails to constitute an ICC Fails to act on the recommendation of the ICC Fails to file Annual report Contravenes or abets the contravention of the provisions of the Act In the event of repeat of a breach Twice or higher the punishment prescribed Cancellation/ withdrawal/ non renewal of license/ registration for carrying out the business

APPEAL PROVISIONS A person aggrieved by the orders of the ICC or in the case of non- implementation of the orders may file an Appeal with appropriate authority Either party can chose to seek justice through the regular court of justice Medchal GST Commissionerate 18/10/2017

Thank you Medchal GST Commissionerate 18/10/2017