SEXUAL HARASSMENT

AT
WORK PLACE

79%

OF WOMEN

FACE SEXUAL
HARASSMENT AT
WORKPLACE*
* VicHealth Centre for the Promotion
of Mental Health and Community Wellbeing.

Supreme Courts Definition*

Sexual harassment is any

UNWELCOME
SEXUALLY DETERMINED BEHAVIOR, such as: Physical contact
A demand or request for sexual favours
Sexually coloured remarks
Showing pornography
Any other physical, verbal or non-verbal conduct of a sexual
nature.
*Vishaka and others V. State of Rajasthan. (AIR 1997 SC 3011)

Any place where:

Working relationships exist,
Where employer employee relations
exist.

Includes:
Private enterprise
Public enterprise
Government enterprise

Any conduct that

apprehension that:

leads

to

reasonable

in relation to the victim's employment or work

whether she is drawing salary, or honorarium or
voluntary
whether in Government, public or private enterprise
such conduct can be
Humiliating
Unsafe
Unhealthy
Discriminatory
Career limiting
Otherwise causing adverse circumstances

SEXUAL HARASSMENT
AT WORK PLACE

Quid Pro Quo

Seeking sexual favours
or advances in
exchange for work
benefits

'Hostile Working
Environment'

Work conditions or
behaviour that make
the work environment
'hostile' for the woman
to be in.

Subjects another
person to an
Unwelcome act
of Physical Intimacy
like:
Pinching
Touching
Grabbing
Brushing etc.

Shows a person
any sexually explicit
visual material like

Pictures
Cartoons
pin-ups
Calendars
screen
savers
on
computers
any offensive written
material
pornographic e-mails,
etc.

Makes an:
unwelcome
demand
or
request for
sexual favours from another
person,
and
further makes it a
condition for
Employment or
Payment of
wages
Increment
Promotion etc.

 Engages
in
any
other
unwelcome
conduct of sexual
nature, which could
be
verbal or
non-verbal, like
staring to make the
other
person
uncomfortable.
making
offensive
gestures.

In the absence of enacted law to guarantee protection

against sexual harassment at work places, the
Supreme Court laid down the guidelines and norms
for due observance at all work places or other
institutions, until a legislation is enacted for the
purpose.
These guidelines were laid down, in the year 1997, in
the case of Vishaka and others V. State of Rajasthan
and others.
This would be treated as the law declared by this
Court under Art. 141 of the Constitution.
The
judgment
can
be
found
at:
http://ncw.nic.in/pdfReports/Sexual%20Harassment%
20at%20Workplace%20(English).pdf

It is your legal responsibility to provide

safe working environment for women
free from sexual harassment and
discrimination.
You can be held liable for sexual
harassment by employees.
Sexual
harassment
can
have
a
devastating effect upon the health,
confidence, morale and performance of
those affected by it.

Tangible and intangible expenses and losses

organizations experience in case of sexual harassment:
Costly investigation and litigation
Negative exposure and publicity
Embarrassing depositions
Increased absenteeism
Lowered employee morale
Reduced productivity
Decreased efficiency
Higher employee turn over
Erosion of organization's brand names, goodwill, and
public image
Negative impact on stock price

Express prohibition of sexual harassment at

the work place should be
Notified,
Published and
Circulated.

The Rules/Regulations
of Government and Public Sector bodies
relating to conduct and discipline
should include rules/regulations prohibiting sexual
harassment and
provide for appropriate penalties in such rules
against the offender.

As regards private employers:

include the aforesaid prohibitions
in the standing orders under the Industrial Employment
(Standing Orders) Act, 1946.

Appropriate work conditions should be provided in respect

of:
employment
work
leisure
health and hygiene

Ensure that

there is no hostile environment towards women at work places and

no employee woman should have reasonable grounds to believe that

she is disadvantaged in connection with her employment.

To

constitute

an

appropriate

complaint

mechanism

in

the

organization for redressal of the complaint made by the victim.

Such complaint mechanism should ensure time bound treatment of

complaints.

The best way to prevent sexual harassment is to adopt a

comprehensive sexual harassment policy.

The aim is:

to ensure that sexual harassment does not occur and,

where

it

does

occur,

to

ensure

procedures are readily available to

Deal with the problem
Prevent its recurrence
Punish the offender

that

adequate

A basic policy should set forth the following:

an express commitment to
eradicate and prevent sexual harassment
and
express prohibition of sexual harassment.
an explanation of penalties
a
detailed outline of the grievance
procedure employees should use.
Constitute
and establish a Complaints
Committee.

National Commission for women (NCW) , in

1998, formulated a Code of Conduct for work
Place* putting down the Supreme Court
Guidelines.
It laid down the following guidelines:
Committee should be headed by a woman.
Not less than half of its members should be women.
Complaints Committee should involve a third party
either a NGO or other body who is familiar with the
issue of sexual harassment.

*http://ncw.nic.in/pdfReports/Sexual%20Harassment%20at%20Workplace%20(Englis
h).pdf

 COMPLAINT:
Aggrieved shall prefer a complaint before the Complaints
Committee at the earliest point of time and in any case
within 15 days from the date of occurrence of the alleged
incident.
Complaint shall contain all the material and relevant
details and address it to the committee
If the complaint feels that she cannot disclose her identity
complainant shall address the complaint to the head of
the organization
hand it over in person or in a sealed cover to him.
He shall retain the original complaint and forward the
gist of the same to the committee with all relevant
details.

ENQUIRY PROCEDURE:

The Complaints Committee shall take immediate necessary

action
to cause an enquiry to be made discreetly
or hold an enquiry, if necessary

The Complaints Committee shall after examination of the

complaint submit its recommendations to the head of the
organization recommending the penalty to be imposed.
The head of the organization, shall after giving hearing to
the person complained against submit the case with the
Committee's recommendations to the management.
The Management of the Organization shall confirm with or
without modification the penalty recommended after duly
following the prescribed procedure

Annual Report :
The Complaints Committee shall prepare
an Annual Report :
Giving a full account of its activities
during the previous year and
forward a copy thereof to the Head of the
Organization concerned who shall
forward the same to the government
department
concerned
with
its
comments.

 Where

sexual harassment occurs

as a result of an act or omission

by any third party or outsider
the employer and the persons in
charge shall:
take all steps necessary and reasonable
to
assist the affected person in terms of
support and preventive action.

THANK YOU

New Delhi

Mumbai

Bangalore

Gurgaon

1st floor, Mohan Dev Building, 13, Tolstoy Marg,

New Delhi, 110001 (India)
Phone: +91 11 49292532 (Direct)
Phone: +91 11 42492525 Ext 532
Mobile :- 9810081079
Fax: +91 11 23320484
email:- vpdalmia@vaishlaw.com

Note:

The views expressed in this presentation, are individual views of the Author, Mr.
Vijay Pal Dalmia. The presentation is for the purposes of information and education
only, and shall not be taken as a legal advice. Wherever appropriate, competent
professional legal advice shall be taken.
2013. India. Vaish Associates Advocates, 1st Floor, Mohan Dev Building, 13, Tolstoy Marg, New
Delhi-110001, India.