1. 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

2. 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

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

4. 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

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

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

7. 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

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

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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. THANK YOU