Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013

INTRODUCTION

The Act makes it mandatory for all offices with 10 or more employees to have an internal complaints committee to address grievances in a stipulated time or face penalty. 

Sexual harassment cases at workplace, including against domestic help, will have to be disposed of by in-house complaint committees within 90 days failing which a penalty will be imposed and repeated non-compliance of the provisions of the law can even lead to cancellation of license or registration of the organization. 

WHAT IS SEXUAL HARASSMENT (Types & Examples)

Sexual harassment, according to the law includes unwelcome acts or behaviour like physical contact and advances, a demand or request for sexual favours or making sexually coloured remarks or showing pornography. 

Many different kinds of verbal, physical, non-verbal or visual conduct of a sexual nature may be sexual harassment. Here are some examples:

a) Verbal Or Written:

1. Commenting about a person’s clothing, personal behaviour, personal (romantic) relationships, or body
2. Making sexual or sex-based jokes or innuendoes
3. Requesting sexual favours or dates
4. Spreading rumours about a person’s personal or sexual life
5. Threatening a person for rejecting or refusing sexual advances or overtures

b) Physical

1. Impeding or blocking someone’s movement
2.  Inappropriate touching of a person’s body or clothing
3.  Kissing, hugging, patting, or stroking
4. Assaulting (touching someone against her will or without her consent)

c) Non-verbal

1. Looking up and down or staring at a person’s body
2. Making derogatory gestures or facial expressions of a sexual nature; and/or
3. Following a person around.

d) Visual

1.  Displaying or sharing posters, drawings, pictures, screen savers or emails of a sexual nature.

"Sexual harassment does not have to be sexually suggestive. Harassing conduct can also be unlawful if based on your sex or gender. For example, if you are a woman working as a carpenter on an otherwise all-male job, and you are the only one who is singled out for harsh criticism and verbal abuse even though your job performance is the same as your male co-workers, such conduct may be a form of unlawful sexual harassment."

Following Are All Examples Of Sexual Harassment:

• ·         A supervisor implies to an employee that the employee must sleep with him to keep a job.
• ·         A sales clerk makes demeaning comments about female customers to his co-workers.
• ·         An office manager in a law firm is made uncomfortable by lawyers who regularly tell sexually explicit jokes.
• ·         A cashier at a store pinches and fondles a co-worker against her will.
• ·         A secretary's co-workers belittle her and refer to her by sexist or demeaning terms.
• ·         Several employees post sexually explicit jokes on an office intranet bulletin board.
• ·         An employee sends emails to co-workers that contain sexually explicit language and jokes.

"The harasser can be the victim's supervisor, manager, or co-worker. An employer may even be liable for harassment by a non-employee (such as a vendor or customer), depending on the circumstances."

As per Law :-

The law states every organization should constitute an internal complaints committee which should not have less than two members amongst employees preferably those who have had experience in social work or legal knowledge. 

It should have one member from non-governmental organizations or associations familiar with the issues relating to sexual harassment and should be presided by a senior level woman employee at the workplace. 50 per cent of the nominated members must be women. 

Steps involved in the Complaint Process –Empowerment?

Step I

A complaint is to be made in writing by an aggrieved woman within 3 months of the date of the incident. The time limit may be extended for a further period of 3 months if, on account of certain circumstances, the woman was prevented from filing the complaint. If the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death, her legal heirs may do so.

Step II

Upon receipt of the complaint, the committee/authority must proceed to make an inquiry in accordance with the service rules applicable to the respondent or in their absence, in accordance with rules framed under the Act.

Step III

The inquiry must be completed within a period of 90 days. In case of a complaint by a domestic worker, , the committee/authority is required to forward the complaint to the police to register a case under the relevant provisions of the Indian Penal Code.

Step IV

Where the ICC finds that the allegations against the respondent are proven, it must submit a report to the employer to: (i) take action for sexual harassment as a misconduct in accordance with the provisions of the applicable service rules or where no service rules exist, in accordance with rules framed under the Act; (ii) to deduct from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs.

Step V

The employer must act on these recommendations within 60 days.

The Duties of an Employer

The Act Makes It The Duty Of Every Employer To: 

• Provide a safe working environment at the workplace which shall include safety from all the persons with whom a woman comes into contact at the workplace
• Display at any conspicuous place in the workplace, the penal consequences of sexual harassment and the order constituting the ICC
• Organize workshops and awareness programmers
• Provide necessary facilities to the ICC for dealing with complaints and conducting inquiries
• Assist in securing the attendance of the respondent and witnesses before the ICC
• Make available such information to the ICC or LCC, as it may require
• Provide assistance to the woman if she so chooses to file a criminal complaint
• Initiate criminal action against the perpetrator
• Treat sexual harassment as misconduct under the service rules and initiate action for such misconduct
•  Monitor the timely submission of reports by the ICC.

Penalties

Where the employer fails to comply with the provisions of the Act, he shall be liable to be punished with a fine which may extend to Rs. 50,000. In case of a second or subsequent conviction under this Act, the employer may be punished with twice the punishment prescribed or by cancellation of his licence or withdrawal of his registration.

Anyone Can Be Sexually Harassed

Sexual harassment is a gender-neutral offence, at least in theory: 
Men can sexually harass women, and women can sexually harass men. However, statistics show that the overwhelming majority of sexual harassment claims and charges are brought by women claiming that they were sexually harassed by men.

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