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

2. Medchal GST Commissionerate
18/10/2017

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

4. Vishakha Guidelines Supreme Court of India Judgement (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

5. “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

6. 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

7. 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

8. 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

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

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
Medchal GST Commissionerate
18/10/2017

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

12. 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

13. 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.

14. 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.

15. 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

16. 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

17. 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

18. 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

19. 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.

20. 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

21. 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

22. 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.

23. 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

24. 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.

25. 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.

26. 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.

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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

33. Thank you
Medchal GST Commissionerate
18/10/2017