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ACTS related to Sexual Harassment of Women at Workplaces

ACTS related to Sexual Harassment of Women at Workplaces. 21 st September, 2013. Divya Chavan Jachak. FUNDAMENTAL. R ights. Right to Equality, Right to Equal Opportunity (relating to Employment) Right to practice any profession or carry out any occupation, trade, business

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ACTS related to Sexual Harassment of Women at Workplaces

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  1. ACTS related to Sexual Harassment of Women at Workplaces 21st September, 2013 DivyaChavanJachak

  2. FUNDAMENTAL Rights • Right to Equality, • Right to Equal Opportunity (relating to Employment) • Right to practice any profession or carry out any occupation, trade, business • Right to Life and Live with dignity. • Special Provisions for the benefit of Women

  3. DIRECTIVE PRINCIPLES OF State Policy State to provide for just and humane conditions of Work

  4. Protection against Sexual Harassment & Right to Work with Dignity UNIVERSALLY RECOGNIZED HUMAN RIGHT CONVENTION ON ELIMINATION OF ALL FORMS OF DISCRIMINATION Ratified on 23rd June,1993

  5. Sexual Harassment of Women at Workplace Recognized for the first time by the Hon’ble SUPREME COURT in 1997 • Vishakhav/s State of Rajasthan

  6. Sexual Harassment Of Women At Workplace (Prevention, Prohibition & Redressal ) Act, 2013

  7. OBJECT Protection against sexual harassment of women at workplace Redressal of Complaints Prevention of sexual harassment of women at workplace

  8. S YNOP S I S • ‘Sexual Harassment’- Definition S.2(n) & S. 3(2) • ‘Aggrieved Woman’ – In Relation to a Workplace S.2(a) • ‘Workplace’ – Definition S.2(o) • Duties of the Employer with Respect to the Workplace • Internal Complaints Committee (ICC) • Members Of ICC • Duties Of Members Of ICC • Appeal • Removal Of Member Of ICC • Duties Of Employer With Respect To ICC • Penalties • Cognizance by Courts

  9. SEXUAL HARASSMENT WHAT IS • UNWELCOME acts or behavior (whether directly or by Implication): • Physical contact & advances • Demand or Request for Sexual favors • Making Sexually colored remarks • Showing Pornography • Any other unwelcome Physical, • Verbal or Non-Verbal conduct of Sexual Nature

  10. Also . . . • Implied or Explicit • - PROMISE of preferential treatment or • - THREAT of detrimental treatment in her employment; • - THREAT about her present or future employment status; • INTERFERENCE with her work or • Creating an INTIMIDATING or OFFENSIVE or HOSTILE work environment for her; • HUMILIATING TREATMENT likely to affect her health or • safety

  11. AGGRIEVED WOMAN WHO IS AN In relation to a workplace ANY WOMAN (Irrespective of Age) Employed: Unemployed:

  12. WORKPLACE WHAT IS A • Government Organization/ Public Sector • Private Sector Organization & Services • Other Places

  13. WORKPLACE WHAT IS A Government Organization/ Public Sector Department Organization Undertaking Establishment Enterprise Institution Office Branch Unit -Established, -Owned, -Controlled, -Wholly or Substantially financed by funds directly or indirectly provided by- • Appropriate Govt; • - Local Authority; • Govt Company; • - Corporation; • Co-operative • Society

  14. Private Sector Organization & Services • Private Sector • Organization • Private Venture, • Undertaking, • Enterprise, • Institution, • Establishment, • Society, • Trust, • Non-Governmental • Organization, • Provider carrying: • - Commercial, • - Professional, • - Vocational, • - Educational, • - Entertainmental, • - Industrial, • - Health Services • - Financial • Activities • (Including production, Supply, Sale, Distribution or service) Unit or Service

  15. Other Places • Hospitals or Nursing Homes • Sports Institute, Stadium, Sports Complex • Competition or Games venue (Residential or Not) • used for Training, Sports or other Activities relating • thereto • ANY PLACE Visited During The Course Of Employment • TRANSPORTATION during the Course of Employment

  16. WHAT DOES AN EMPLOYER HAVE TO DO?

  17. DUTIES OF EMPLOYER • with respect to the WORKPLACE • PROVIDE • CONSTITUTE • DISPLAY • ORGANIZE • INITIATE ACTION • TREAT & TAKE ACTION • (MISCONDUCT)

  18. DUTIES OF EMPLOYER with respect to the WORKPLACE • To PROVIDE • - a safe Working Environment at the Workplace; • - safety from the persons coming into contact at the workplace; • - assistance to the Woman if she chooses to file a Complaint in relation to the offence under the Indian Penal Code or any other Law; • To CONSTITUTE an Internal Complaints Committee (ICC) • DISPLAY at any prominent place at the workplace: • - Order constituting the ICC • -the Penal Consequences of Sexual Harassment;

  19. To ORGANIZE workshops and Awareness programs at regular intervals for sensitizing the employees with the provisions of the Act. • Cause to INITIATE ACTION • -under the Indian Penal Code or any other Law, against the perpetrator or if the aggrieved Woman so desires, • -even when the perpetrator is not an Employee; • Treat Sexual Harassment as a MISCONDUCT under the • Service rules • INITIATE ACTION for such a Misconduct;

  20. Every Employer • with 10 WORKERS or more to constitute INTERNAL COMPLAINTS COMMITTEE

  21. District Officer to constitute in each district LOCAL COMPLAINTS COMMITTEE • JURISDICTION • Where no ICC has been constituted due to having less than 10 workers • Complaint against the Employer • Extend to the areas of the entire District

  22. MEMBERS OF THE ICC ONE- HALF of the Total Members Nominated shall be WOMEN TENURE: Not Exceeding 3 YEARS FEES AND ALLOWANCES: EMPLOYER to pay for the Fees or Allowances to Member From NGO Or Associations

  23. To hear Complaint of the ‘Aggrieved Woman’ • Steps to settle the matter through Conciliation at the request of the • ‘Aggrieved Woman’ before initiating Inquiry • Initiate Inquiry • Punishment for False or Malicious Complaint and False Evidence • Determine Compensation • Prepare and Submit Annual Report DUTIES Of members of the ICC

  24. 1. Complaint • 2. Conciliation • 3. Inquiry • 4. False or Malicious Complaint & • False Evidence • 5. Compensation • 6. Annual Report

  25. COMPLAINT • To be made to ICC or LCC within 3 months from the Last Incident Writing By taking Assistance from the Presiding Officer or Member to make Complaint in Writing • Complaint against the Employer to be made to the LCC

  26. 1.Complaint • 2. Conciliation • 3. Inquiry • 4. False or Malicious Complaint & • False Evidence • 5. Compensation • 6. Annual Report

  27. Record Settlement • Forward the copies of Settlement to the Employer with recommendation • No Inquiry to be Conducted • Settlement Terms NOT complied with • - Inquiry to be conducted/ Action to be Taken conciliation Settlement ARRIVED between the parties-

  28. 1.Complaint • 2.Conciliation • 3. Inquiry • 4. False or Malicious Complaint & • False Evidence • 5. Compensation • 6. Annual Report

  29. According to Service Rules or Prescribed Rules; • Opportunity to both Parties to be heard; • After findings- the parties can make their Representation; • During the Pendency of Inquiry, ICC may make Recommendation to the Employer to:- • Transfer the Aggrieved Woman or the Respondent to • any other Workplace; or • Grant leave to the Aggrieved Woman upto period of • 3 months; or • Grant such other relief to the Aggrieved Woman as • maybe prescribed INQUIRY

  30. INQUIRY ICC to have Powers of CIVIL COURT

  31. Inquiry Report to be submitted within 10 days from the • completion of Inquiry to the Employer or the District Officer. Allegation against Respondent Proved Allegation against Respondent Not Proved Recommendation to Employer/District Officer No Action To deduct from Salary or Wages such appropriate sums, notwithstanding anything in the Service Rules applicable to the Respondent Take Action- Misconduct in accordance to Service Rules or Rules as prescribed .

  32. 1.Complaint • 2. Conciliation • 3. Inquiry • 4. False or Malicious Complaint & • False Evidence • 5. Compensation • 6. Annual Report

  33. FALSE OR MALICIOUS COMPLAINT OR FALSE EVIDENCE PUNISHED according to Service Rules Or Manner as maybe Prescribed

  34. 1.Complaint • 2. Conciliation • 3. Inquiry • 4. False or Malicious Complaint & • False Evidence • 5. Compensation • 6. Annual Report

  35. COMPENSATION When allegation has been PROVED • ICC or LCC shall have regard to :- • The Mental Trauma, Pain, Suffering and Emotional Distress; • The Loss in the Career Opportunity; • Medical Expenses incurred for Physical or Psychiatric Treatment; • The Income and Financial Status of the Other Party; • Feasibility of such Payment in lump sum or in Installments

  36. 1.Complaint • 2. Conciliation • 3. Inquiry • 4. False or Malicious Complaint & • False Evidence • 5. Compensation • 6. Annual Report

  37. Annual Report • Members of the ICC To Submit the same to:- • The Employer & District Officer; • Each Calendar Year; • Prescribed Form and Time

  38. Penalty TO • Publish or Communicate • Proceedings; • The identity and addresses of the Parties; • Recommendations of the ICC; • Action taken by the Employer; to the Public, Press and Media

  39. Publication or Making known the Contents of Complaint and Inquiry • Proceeding; • Convicted for an offence or an Inquiry into an Offence under any law for • the time being in force is Pending against him; • Found Guilty in any disciplinary proceedings or a disciplinary • proceeding is pending against him; • Abused his/her Position as to render his continuance in office • prejudicial to public interest Removal of Member of ICC

  40. APPEAL • Appeal to Court or Tribunal • (In Accordance with the Service Rules or Manner as maybe prescribed) • Within90 DAYS of the Recommendations

  41. Duties of Employer with respect to ICC or LCC • Organize Orientation Programs; • Provide necessary facilities to deal with the Complaint & to Conduct an Inquiry; • Assist in securing the Attendance of persons; • Make available such information as it may require having regard to the Complaint made; • Implement Recommendations ; • Send a Report of Recommendations implemented to ICC or LCC

  42. To Act on the recommendations made in the Inquiry Report within • 60 days • Monitor the timely submission of Reports by the ICC • To include information in Annual Report of his Organization- the number of cases filed and their Disposal; • But if No Annual Report is required to be prepared- intimate such number of cases to District Officer. • To Produce on demand before the Officer of the Appropriate Government making Inspection all Information, Records and other Documents in his Custody.

  43. PENALTIES • Non Compliance of Provision of the Act by the EMPLOYER • FAILURE TO • Constitute ICC; • Take Action with respect to Inquiry Report; • Take Action with respect to False Malicious Complaint & False Evidence; • Include information in Annual Report or Intimate number of cases to District Officer; • Contravenes , Attempts or abets to contravene Provisions of the Act

  44. PENALTIES • Extend to Rs. 50,000/- • 2nd or Subsequent Conviction Twice the Punishment which has been imposed on 1st Conviction Cancellation/ Withdrawal / Non-Renewal / Approval of Registration or License of Business by Authority

  45. OTHER LAWS RELATED TO SEXUAL HARASSMENT OF WOMEN

  46. CRIMINAL LAW:INDIAN PENAL CODE(IPC)

  47. INFORMATION TECHNOLOGY ACT, 2000

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