NIDHI SHUKLA

XISS
 The Act will ensure that women are
protected against sexual harassment at
all the work places, be it in public or
private.
This will contribute to realisation of
their right to gender equality, life and
liberty and equality in working
conditions everywhere.
The sense of security at the workplace
will improve women's participation in
work, resulting in their economic
empowerment and inclusive growth.
 Article 19 (1) g of the Indian Constitution
affirms the right of all citizens to be
employed in any profession of their
choosing or to practice their own trade or
business.
Vishaka v. State of Rajasthan established
that actions resulting in a violation of one's
rights to Gender Equality and Life and
Liberty is in fact a violation of the victims
fundamental right under Article 19 (1) g.
The case ruling establishes that sexual
harassment violates a woman's rights in
the workplace and is thus not just a matter
of personal injury.
 sexual harassment results in
violation of the fundamental rights
of a woman to equality under
articles 14 and 15 of the
Constitution of India and her right to
life and to live with dignity under
article 21 of the Constitution and
right to practice any profession or
to carry on any occupation, trade or
business which includes a right to a
safe environment free from sexual
harassment;
 the protection against sexual
harassment and the right to work
with dignity are universally
recognised human rights by
international conventions and
instruments such as Convention on
the Elimination of all Forms of
Discrimination against Women,
which has been ratified on the 25th
June, 1993 by the Government of
India;
 Under the Act, which also covers
students in schools and colleges
as well as patients in hospitals,
employers and local authorities
will have to set up grievance
committees to investigate all
complaints. Employers who fail to
comply will be punished with a
fine of up to 50,000 rupees.
 The Bill was first introduced by women and child
development minister Krishna Tirath in 2007
approved by the Union Cabinet in January 2010.
It was tabled in the Lok Sabha in December 2010
and referred to the Parliamentary Standing
Committee on Human Resources Development.
The committee's report was published on 30
November 2011.
In May 2012, the Union Cabinet approved an
amendment to include domestic workers.
The amended Bill was finally passed by the Lok
Sabha on 3 September 2012.
The Bill was passed by the Rajya Sabha (the upper
house of the Indian Parliament) on 26 February
2013. It has come into force and has been
published in the Gazette of India, Extraordinary,
Part-II, Section-1, dated the 23rd April 2013 as Act
No. 14 of 2013.
Appropriate Government means in relation
to workplace which is established,
owned, controlled or wholly or
substantially financed by funds provided
directly or indirectly by the Central
Government or the Union Territory
administration it is the Central
government, while those by the State
Government, it is the State Government.
In relation to any workplace not covered
as per the above, and falls within its
territory, the appropriate Government
means the State Government.
 sexual harassment is defined as
any advances:-
to establish physical contact with a
woman,
a demand or request for sexual
favours,
making sexually coloured remarks,
showing pornography
or any other form of physical, verbal
or non-verbal conduct of sexual
nature.
 The following circumstances amongst
others may also constitute as forms of
sexual harassment,
implied or explicit promise of
preferential/detrimental treatment at the
workplace,
implied or explicit threat about her
present or future employment status,
interference with her work and/or
creating an intimidating or offensive or
hostile work environment for her,
and humiliating treatment likely to affect
her health or safety.
 Unwelcome
verbal, visual, or
physical conduct
of a sexual nature
that is severe or
pervasive and
affects working
conditions or
creates a hostile
work environment.
 ''aggrieved woman'' means
(i) in relation to a workplace, a
woman, of any age whether
employed or not, who alleges to
have been subjected to any act of
sexual harassment by the
respondent;
(ii) in relation to a dwelling place or
house, a woman of any age who is
employed in such a dwelling place or
house;
e) domestic worker means a
woman who is employed to do the
household work in any house hold
for remuneration whether in cash
or kind, either directly or through
any agency on a temporary,
permanent, part time or full time
basis, but does not include any
member of the family of the
employer;
 a person employed at a workplace for
any work on regular, temporary, ad hoc
or daily wage basis, either directly or
through an agent, including a
contractor, with or, without the
knowledge of the principal employer,
whether for remuneration or not, or
working on a voluntary basis or
otherwise, whether the terms of
employment are express or implied and
includes a co-worker, a contract worker,
probationer, trainee, apprentice or
called by any other such name;
(i) in relation to any department,
organisation, undertaking,
establishment, enterprise, institution,
office, branch or unit of the appropriate
Government or a local authority, the
head of that department, organisation,
undertaking, establishment, enterprise,
institution, office, branch or unit or such
other officer as the appropriate
Government or the local authority, as
the case may be, may by an order
specify in this behalf;
(ii) in any workplace not covered
under sub-clause (i), any person
responsible for the management,
supervision and control of the
workplace.
Explanation.For the purposes of this
sub-clause management includes
the person or board or committee
responsible for formulation and
administration of polices for such
organisation;
(iii) in relation to workplace covered
under sub-clauses (i) and (ii), the person
discharging contractual obligations with
respect to his or her employees;
(iv) in relation to a dwelling place or
house, a person or a household who
employs or benefits from the
employment of domestic worker,
irrespective of the number, time period
or type of such worker employed, or the
nature of the employment or activities
performed by the domestic worker;
 Respondent means a person
against whom the aggrieved
woman has made a complaint.
(Section 2 m)
(i) any department, organisation,
undertaking, establishment, enterprise,
institution, office, branch or unit which is
established, owned, controlled or
wholly or substantially financed by funds
provided directly or indirectly by the
appropriate Government or the local
authority or a Government company or a
corporation or a co-operative society;
(ii) any private sector organisation or
a private venture, undertaking,
enterprise, institution, establishment,
society, trust, non-governmental
organisation, unit or service provider
carrying on commercial,
professional, vocational,
educational, entertainment,
industrial, health services or
financial activities including
production, supply, sale, distribution
or service;
(iii) hospitals or nursing homes;
(iv) any sports institute, stadium,
sports complex or competition or
games venue, whether residential or
not used for training, sports or other
activities relating thereto;
(v) any place visited by the employee
arising out of or during the course of
employment including transportation
provided by the employer for
undertaking such journey;
(vi) a dwelling place or a house;
in relation to a workplace means
an enterprise owned by
individuals or self-employed
workers and engaged in the
production or sale of goods or
providing service of any kind
whatsoever, and where the
enterprise employs workers, the
number of such workers is less
than ten.
 The Act creates a mechanism for
redressal of complaints and safeguards
against false or malicious charges.
Under the act, employers who employ
10 employees or more and local
authorities will have to set up grievance
committees to investigate all
complaints. Employers who fail to
comply will be punished with a fine that
may extend to Rs. 50,000. If, however,
they still fail to form a Committee, they
can be held liable for a greater fine.
 Every employer with a business or
enterprise having more than 10
workers will have to constitute a
committee known as Internal
Complaints Committee(ICC) to
look into all complaints of sexual
harassment at the workplace.
 In every district, a public official called
the District Officer will constitute a
committee known as the Local
Complaints Committee (LCC) to receive
complaints against establishments
where there is no Internal Complaints
Committee or there being a complaint
against the employer himself. This
committee would further handle all
complaints of sexual harassment in the
domestic sphere as well as those
coming from the unorganised sector.
 Provide a safe working environment at the work
place which shall include safety from the persons
coming into contact at the workplace
Display at any conspicuous place in the
workplace, the penal consequences of sexual
harassments and the order constituting the ICC
Organize workshops and awareness programmes
at regular intervals for sensitising the employees
with the Act
Organize orientation programmes for the
members of the ICC
Provide necessary facilities to the ICC or the LCC
for dealing with the complaint and conducting an
inquiry
Assist in securing the attendance of respondent
and witness before the ICC or the LCC
 Make available such information to the ICC or
the LCC with regard to the complaint
Provide assistance to the woman if she
chooses to file a complaint under IPC or any
other law
Cause to initiate action under the IPC or any
other law against the perpetrator or if the
aggrieved woman so desires, where the
perpetrator is not an employee, in the
workplace at which the incident of sexual
harassment took place
Treat sexual harassment as a misconduct
under the service rules and initiate action for
such misconduct
Monitor the timely submission of reports by
the ICC
Every employer, with more than 10
employees, shall constitute an
Internal Complaints Committee
at the workplace and wherein the
offices or administrative units of
workplace are located at different
places, he will, constitute a
committee in all such offices and
administrative units.
It will consist of the following members (to be
nominated by the employer):
A Presiding Officer who shall be a woman
employed at a senior level at the workplace,
unless there is no senior women employee
at the office or any other administrative unit.
In that case the Presiding Officer shall be
nominated from any other workplace of the
same employer or other department or
organisation.
At least 2 members from amongst the
employees either committed to cause of
women or who have experience in social
work or have legal knowledge.
 One member from a Non-
Governmental organisation or
association committed to the cause
of women and familiar with the
issues relating to sexual
harassment. This member shall not
be part of the employers enterprise.
Provided that one-half of the total
members must be women.
Such a person can be a social
worker with at least 5 years
experience in the field of social
work which leads to creation of
societal conditions favourable
towards empowerment of women
and in particular in addressing
workplace sexual harassment or a
person who is familiar with labour,
service, civil or criminal law as per
Section 4 of the Rules.
 Every complaint must be given in
writing to the Internal Complaint
Committee within a period of 3 months,
from the date of the incident. An
extension of a period 3 months can be
granted to the woman if she, due to
certain circumstances, is unable to file
the complaint or is prevented from doing
so. If however, she is unable to lodge
the complaint due to physical or mental
incapacity or death; her legal heirs may
do so.
 The Presiding Officer and
Members of the Internal
Committee hold office for 3 years
from the date of the nomination
as specified by the employer. The
member from the NGO or
association shall be paid such
fees or allowance, by the
employer, as may be prescribed.
 The details of the complaints are
confidential and if any member of
the Committee, be it the Presiding
Officer, discloses any details of the
same to the media or press or
makes it public in any way, will be
liable for immediate disqualification
from the Committee.
 Further, if any member has been
convicted or accused of any offence
under any law, has been found guilty
in any disciplinary proceeding/has a
disciplinary proceeding pending
against him as per any law or has
abused his position in any manner,
he/she shall be removed from the
Committee.
 For all establishments having less
than 10 workers, for a
COMPLAINT AGAINST HER
EMPLOYER, the aggrieved woman
will approach the Local
Complaints Committee which is a
body to check instances of sexual
harassment at the district level
 The District Magistrate or Additional
District Magistrate or the Collector or
Deputy Collector may be notified as the
District Officer for every District
As per Section 20, the District Officer
shall monitor the timely submission of
reports by the LCC and take such
measures as may be necessary for
engaging non governmental
organizations for creating awareness
on sexual harassment and the rights of
the women.
 The Local Complaints Committee shall
constitute of the following members
(Section 7(1) of the Act) :
Chairperson : One : eminent woman in the
field of social work and committed to the
cause of women.
Member : One : nominated amongst the
women working in the block, taluka or
tehsil or ward or municipality in the district
Members : Two : to be nominated from
amongst non governmental organizations or
associations committed to the cause of
women or a person familiar with the issues
relating to sexual harassment
 At least one of the two members
shall be women.
At least one of the two should have a
back ground in law or legal
knowledge
At least one of the two shall be a
woman belonging to the SC or the ST
or OBC or minority community
Member : ex officio : the concerned
officer dealing with the social
welfare or women and child
development in the district
 The Chairperson and every
members of the Local Committee
shall hold office for a period not
exceeding three years from the
date of nomination as member.
(Section 7(2) of the Act).
The District officer shall designate
one nodal officer in every block,
taluka and tehsil in rural or tribal
area and ward or municipality in
the urban area.
The nodal officer is to receive
complaints and forward the same
to the concerned Local Complaints
Committee within a period of 7
days
 The act casts a duty on employers to
include information pertaining to the
number of cases filed and disposed of
by them in their Annual Report.
Organisations which are not under a
requirement to prepare an Annual
Report have to furnish this information
directly to the Local Complaints
Committee, which will prepare an
Annual Report of its own to be
forwarded to the appropriate
government.
 When the ICC or LCC receives a
complaint, it may seek to resolve the
issue by way of conciliation if the
complainant so wishes. However, no
monetary settlement can be the basis of
the conciliation. If there is a settlement,
a report must be sent by Committee, to
the employer to take action in
accordance with the recommendations
of the Committee.
 Where such a settlement has been
arrived at, the ICC or the LCC,
record the settlement and forward
the same to the employer or the
District officer to take action as
specified in the recommendation
(Section 10(2) of the Act).
The ICC or the LCC shall provide
copies of the settlement to the
aggrieved woman and the
respondent (Section 10(3))
 If however no conciliation can be met
with, the ICC must start an inquiry into
the complaint. All inquiries must be
completed within 90 days. However, in
case of a domestic worker, the LCC
must transfer the complaint to the
police, within 7 days of the complaint,
for registering the case under section
509, or any other relevant section, of
the Indian Penal Code, if according to
them a prima facie case exists.
 Word, gesture or act intended to insult the
modesty of a woman.Whoever, intending
to insult the modesty of any woman, utters
any word, makes any sound or gesture, or
exhibits any object, intending that such
word or sound shall be heard, or that such
gesture or object shall be seen, by such
woman, or intrudes upon the privacy of
such woman, shall be punished with simple
imprisonment for a term which may extend
to one year, or with fine, or with both.
 For the purposes of making an inquiry, the
ICC shall have similar powers as a civil
court it can summon and enforce
attendance of any person, examine him on
oath, order production of documents, etc.
During the pendency of the inquiry interim
relief may be granted to the aggrieved
woman. The ICC may recommend the
employer to Transfer the aggrieved woman
or the respondent to any other workplace.
Grant leave to the aggrieved woman up to a
period of 3 months.
Grant such other relief as may be
prescribed.
 On completion of the inquiry, the
committee must submit its
recommendations to the
employer, within 10 days. The
employer must act on those
recommendations within 60 days
in accordance with the
conclusions of the inquiry.
The LCC to the District Officer
 Where both the parties are
employees, the parties during the
course of the inquiry be given an
opportunity of being heard and a copy
of the findings shall be made
available to both the parties enabling
them to make representation against
the findings before the Committee.
 The ICC or the LCC can forward a
complaint to the Police for registering
the case under Section 509 of the IPC
and any other relevant provisions of the
IPC within 7 days.
In the event of non compliance by the
respondent of the terms and conditions
of a settlement agreed upon and when
the aggrieved woman informs the ICC or
the LCC about it, the ICC or the LCC
may make an inquiry or forward the
complaint to the Police
 Any aggrieved women may make
in writing a complaint of sexual
harassment at workplace to the
Internal committee/ Local
Committee within 3 months from
the date of incident or the date of
the last incident in case of a
series of incident
 The Internal Committee and the
Local Committee can extend the
time limit not exceeding another
3 months if it is satisfied that the
circumstances were such which
prevented the woman from filing
the complaint within the said
period
 If the aggrieved woman is unable
to make a complaint on account of
her physical or mental incapacity
or death, her legal heirs or such
other person as may be prescribed
may do so. Section 9(2)
 If the respondent is found not guilty, the inquiry
will end. If, however, his guilt is proven, then the
employer must:
Deduct from the salary or wages of the person
who has engaged in sexual harassment, an
appropriate sum which can be paid to the
aggrieved woman (or to her legal heirs).
Take action for sexual harassment as misconduct
in accordance with the service rules applicable
to the respondent (in case of a government
agency).
In case of private organizations, the employer
can take such actions as may be prescribed
currently, no rules have been framed explaining
the actions that the employer can take.
 If the ICC or LCC is of the view that
a malicious or false complaint has
been made, it may recommend that
a penalty be levied on the
complainant in accordance with
applicable service rules. However,
an inquiry must be made in order to
establish malicious intent. Also,
mere inability to substantiate a
complaint will not attract action
under this provision.
 Employers who fail to comply will
be punished with a fine that may
extend to Rs. 50,000.If any employer
who has been convicted earlier of
an offence subsequently commits a
repeat offence he will be liable for
twice the punishment, which may
have been imposed on a first
conviction. Further, his license for
carrying on business may even be
cancelled.
 As per Section 15, the basis of
determining sums to be paid to the
aggrieved woman under Section 13(3) ii
under the Act will be
Mental trauma, pain, suffering and
emotional distress caused to the
aggrieved woman
Loss in career incurred by the victim for
physical or psychiatric treatment
Income and financial status of the
respondent
Feasibility of such payment in lump sum
or instalments
 Person aggrieved due to the
recommendations of the ICC or
LCC after the Inquiry may prefer
an appeal to the Court or Tribunal
or in such manner (Section 18(1)
of theAct): Appeal has to be done
within a period of 90 days.
(Section 18(2) of the Act)