lOMoARcPSD|8989526
Salient Features of the Sexual Harassment of Women at
Workplace
Environmental Law (Karnataka State Law University)
StuDocu is not sponsored or endorsed by any college or university
Downloaded by SA (
[email protected])
lOMoARcPSD|8989526
Salient Features of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013, &
the Rules made thereunder
1. The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013, aims at prevention of sexual
harassment at various work places. The said Act has come into force
on 22.4.2013. In exercise of the powers conferred by Section 29 of
the said Act, the Central Government has made the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Rules, 2013, for carrying out the provisions of the said
Act.
2. The Act directs the employer to constitute an Internal Complaints
Committee to look into the complaints of sexual harassment of
women at workplace. As defined in Section 2(g) of the Act, an
‘employer’ means the head of an establishment.
3. For the purposes of this Act,
‘Aggrieved woman’ means a woman of any age whether employed
or not, who alleges to have been subjected to any act of sexual
harassment by the Respondent [Section 2(a)(i)].
‘Employee’ means a person employed at 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 expressed or implied, and also includes
a co-worker, a contract worker, probationer, trainee, apprentice or
called by any other such name [Section 2(f)].
‘Respondent’ means a person against whom the aggrieved woman
has made a complaint. [Section 2(n)]
4. An act of sexual harassment includes any one or more of the
unwelcome acts or behaviour, whether directly or by implication
[Section 2(n)]:
i) physical contact and advances; or
ii) a demand or request for sexual favours; or
iii) making sexual coloured remarks; or
iv) showing pornography; or
v) any unwelcome physical, verbal or non-verbal conduct of
sexual nature.
The following circumstances, among other circumstances, if it occurs or
is present in relation to or connected with any act or behaviour of sexual
harassment, may also amount to sexual harassment [Section 3(2)];
i) Implied or explicit promise of preferential treatment in her
employment; or
ii) Implied or explicit threat of detrimental treatment in her
employment; or
Downloaded by SA ([email protected])
lOMoARcPSD|8989526
iii) Implied or explicit threat about her present or future
employment status; or
iv) Interference with her work or creating and intimidating or
offensive or hostile work environment for her; or
v) Humiliating treatment likely to affect her health or safety.
5. In the Internal Complaints Committee, constituted as per Section 4
of the Act, at least 50% of the total members of the Committee shall
be women. The Presiding Officer of the Committee is required to be a
woman employee working at a senior level at workplace. There will
be minimum two employees as member committed to the cause of
women or who have had experience of social work or have legal
knowledge. There will also be one outside member from amongst
non-governmental organizations committed to the cause of women or
a person familiar with the issues relating with the sexual
harassment. Thus, the Internal Complaints Committee shall have at
least four members. Maximum is not prescribed. The term of office of
the Presiding Officer and every member of the Committee shall not
exceed three years from the date of their nomination, as may be
specified by the employer. The member appointed from amongst the
non-governmental organization or associations shall be paid fees or
allowances for holding the proceedings of the Committee.
6. As per Section 6 of the Act, every District Officer is required to
constitute a Local Committee to receive complaints of sexual
harassment from establishments where the Internal Complaints
Committee has not been constituted due to having less than ten
workers or if the complaint is against the employer himself.
7. Any aggrieved woman may make, in writing, a complaint of sexual
harassment at workplace to the Internal Complaints Committee,
within a period three months from the date of incident or in case of a
series of incidents within a period of three months from the date of
the last incident. If an aggrieved woman is unable to make a
complaint in writing, the Presiding Officer or any member of the
Internal Complaints Committee shall render all reasonable
assistance to her for making the complaint in writing. If the Internal
Complaints Committee is satisfied that the circumstances were such,
which prevented the woman for filing a complaint within a period of
three months, the Committee may extend the time limit not
exceeding three months, for the reasons to be recorded in writing.
[Section 9(1)]
i) Where the aggrieved woman is unable to make a complaint on
account of her physical incapacity, a complaint may be filed by -
a) her relative or friend; or
b) her co-worker; or
c) an officer of the National Commission for Women or State
Women's Commission; or
d) any person who has knowledge or the incident, with the
written consent of the aggrieved woman.
Downloaded by SA ([email protected])
lOMoARcPSD|8989526
ii) Where aggrieved woman is unable to make a complaint on
account of her mental incapacity, a complaint may be filed by -
a) her relative or friend; or
b) a special educator; or
c) a qualified psychiatrist or psychologist; or
d) the guardian or authority under whom she is receiving
treatment or care; or
e) any person who has knowledge of the incident jointly with
her relative or friend or a special educator or qualified
psychiatrist or psychologist or guardian or authority under
whom she is receiving treatment or care.
iii) Where the aggrieved woman for any other reason is unable to
make a complaint, a complaint may be filed by any person who
has knowledge of the incident, with her written consent and where
the aggrieved woman is dead, a complaint may be filed by any
person who has knowledge of the incident, with the written
consent of her legal heir. (Rule 6)
8. The Complainant shall submit six copies of the complaint along with
the supporting documents and names and addresses of the witnesses
to the Internal Complaints Committee. On receipt of the complaint,
the Committee shall send one of the copies to the respondent within
a period of seven working days and shall ask the respondent to file
his reply to the complaint along with his list of documents and
names and addresses of witnesses, within a period not exceeding ten
working days from the date of receipt of the complaint by him. The
Committee shall have the right to terminate the enquiry proceedings
or to give an ex-party decision on the complaint, if the complainant
or respondents fails, without sufficient cause to prevent herself or
himself for three consecutive hearings. Before such termination or
ex-party order, a prior written notice of not less than 15 days shall be
given to the party concerned. Legal practitioner is not allowed to
represent the case at any stage of the proceedings before the
Committee. The quorum for the meeting shall be minimum three
members including the Presiding Officer. (Rule 7)
9. The Internal Complaints Committee, before initiating an enquiry and
at the request of the aggrieved woman, may take steps to settle the
matter between her and the respondent through conciliation.
Monetary settlement shall not be a basis of conciliation. Where a
settlement has been arrived at, the Committee shall record the
settlement so arrived and forward the same to the employer to take
action as specified in the recommendations. The Committee shall
provide the copies of the settlement to the aggrieved woman and the
respondent. Where a settlement is arrived at, no further enquiry is
required (Section 10).
10. The Internal Complaints Committee shall make enquiry into the
complaint in accordance with the provisions of the Service Rules
applicable to the respondent. For the purpose of the enquiry, if the
respondent is a non-teaching employee of the university, provisions
Downloaded by SA ([email protected])
lOMoARcPSD|8989526
of the Maharashtra Civil Services (Conduct) Rules, 1979 and
provisions of the Maharashtra Civil Services (Discipline and Appeal)
Rules, 1979, are applicable, and if the respondent is a teacher,
provisions of the Teachers' Statutes are applicable. If the Respondent
is a student, an enquiry shall be made as per provisions of Ordinance
157 as regards maintenance of discipline and good conduct by
students.
Where the aggrieved woman informs the Committee that any term or
condition of the settlement arrived at has not been complied with by
the respondent, the Committee shall proceed to make an enquiry into
the complaint. Where both the parties are employees, they shall be
given an opportunity of being heard and a copy of the findings of the
Committee shall be made available to them enabling them to make
representation against the findings before the Committee [Section
(11)].
11. The Internal Complaints Committee functions like a quasi judicial
authority and has powers of Civil Court of summoning and enforcing
attendance of any person, examining him on own and requiring the
discovery and production of documents. The enquiry shall be
completed within a period of 90 days. [Section 11(4)]. While
conducting enquiry, the Committee has to follow the principles of
natural justice.
12. During the pendency of an enquiry, the Internal Complaints
Committee, on a written request of aggrieved woman, may
recommend to the employer to-
i) transfer the aggrieved woman or the respondent to any other
workplace; [Section 12(1)(a)] or
ii) grant leave to the aggrieved woman up to a period of three
months; [Section 12(1)(b)] or
iii) restrain the respondent from reporting on the work
performance of the aggrieved woman or writing her confidential
report, and assign the same to another officer;[Rule 8(a)] or
iv) restrain the respondent from supervising any academic activity
of the aggrieved woman [Rule 8(b)].
The employer is required to implement the above said
recommendations of the Committee and send the report of such
implementation to the Committee. [Section 12(3)]
13. On completion of the enquiry, the Internal Complaints Committee
shall provide a report of its findings to the employer, within a period
of 10 days from the date of completion of the enquiry and such report
shall be made available to the concerned parties also. Where the
Committee arrives at the conclusion that the allegation against the
respondent has not been proved, it shall recommend to the employer
that no action is required to be taken in the matter. Where the
Committee arrives at the conclusion that the allegation against the
Downloaded by SA ([email protected])
lOMoARcPSD|8989526
respondent has been proved, it shall recommend to the employer to
take action for sexual harassment as a misconduct in accordance
with the relevant provisions of the service rules and to deduct from
the salary or wages of the Respondent such sum as it may
considered appropriate to be paid to the aggrieved woman or to her
legal heirs. [Section 13]
As per Rule 9, except in cases where services rules exist, the Internal
Complaints Committee shall recommend to the employer the
punishment to be imposed upon the Respondent, if the allegations
against him have been proved. Therefore, in cases where service rules
exist, the Internal Complaints Committee does not recommend the
punishment to be imposed upon the Respondent. In such cases the
Internal Complaints Committee should recommend to the employer
to take action for sexual harassment as misconduct in accordance
with the provisions of the service rules applicable to him.
The employer is required to implement the above said
recommendations of the Committee, within sixty days of its receipt
by him.[Section 13(4)]
14. Where the Internal Complaints Committee arrives at a conclusion
that the allegation against the respondent is malicious or the
aggrieved woman or any other person making the complaint has
made a false complaint or the aggrieved woman or any other person
making the complaint has produced any forged or misleading
document, it may recommend to the employer, to take action against
the woman or the person who has made the complaint, in accordance
with the provisions of the service rules applicable to her or him.
[Section 14(1)]
15. Where the Internal Complaints Committee arrives at a conclusion
that during the inquiry any witness has given false evidence or
produced any forged or misleading document, it may recommend to
the employer of the witness, to take action in accordance with the
provisions of the service rules applicable to the said witness.
[Section 14(2)]
16. For the purpose of determining the sums to be paid to the aggrieved
woman, the Internal Complaints Committee shall have regard to-
i) the mental trauma, pain, suffering and emotional distress
caused to the aggrieved woman;
ii) the loss in the career opportunity due to the incident of sexual
harassment;
iii) medical expenses incurred by the victim for physical or
psychiatric treatment;
iv) the income and financial status of the respondent;
v) feasibility of such payment in lump sum or in instalments.
[Section 15]
Downloaded by SA ([email protected])
lOMoARcPSD|8989526
17. Notwithstanding anything contained in the Right to Information Act,
2005(22 of 2005), the contents of the complaint made under Section
9, the identity and addresses of the aggrieved woman, respondent
and witnesses, any information relating to conciliation and inquiry
proceedings, recommendations of the Internal Complaints Committee
and the action taken by the employer shall not be published,
communicated or made known to the public, press and media in any
manner. However, information may be disseminated regarding the
justice secured to any victim of sexual harassment under this Act
without disclosing the name, address, identity or any other
particulars calculated to lead to the identification of the aggrieved
woman and witnesses. Where any person entrusted with the duty to
handle or deal with the complaint, inquiry or any recommendations
or action to be taken, contravenes these provisions, he shall be liable
for penalty in accordance with the provisions of the service rules
applicable to the said person. [Section 16] The employer has power
to recover a sum of Rs. 5,000/- as penalty from such person. (Rule
12)
******
Downloaded by SA ([email protected])
