NATIONAL LAW INSTITUTE OF

UNIVERSITY,BHOPAL

LABOUR AND INDUSTRIAL LAW

“SEXUAL HARASSMENT” UNDER POSH ACT 2013

SUBMITTED BY: SUBMITTED TO:

PRASHANT VERMA Mr. MAHENDRA SONI

2016 BA.LLB.98 (ASSISTANT PROFESSOR)

TABLE OF CONTENTS

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 STATMENT OF PROBLEM
Sexual abuse continues to haunt Indian workplaces, amid increased public knowledge. If left
unchecked, this could not only devastate the lives and employment of individual workers, but also
invariably undermine efficiency and employee morale. While the Act has been in effect since 2013,
there is little understanding of the effects of sexual assault and its redress.

HYPOTHESIS

It is a legal right to provide workers with a protected workplace, while sexual assault
constitutes a serious breach of the same. Employers and companies therefore have the
primary duty within their workplace to prevent sexual abuse in all types. The POSH Act has
been effective in providing women in physical and virtual workplaces with a safe and
protected environment. If the above guidelines are followed, it will result in stronger
enforcement of this Act, which can go a long way in protecting women's rights at work.

OBJECTIVE OF STUDY
 To know the mechanism under POSH ACT 2013
 How complains are filed under this act
 How the compensation is provided under the rules of this act
 Rules and regulation of this act
 To know the punishment given for sexual harassment in workplace
 ‘The Sexual Harassment of Women at the Workplace (Prevention, Prohibition
and Redressal) Act, 2013’ (‘POSH Act’) is to provide protection against sexual
harassment of women at workplace and for the prevention and redressal of complaints
of sexual harassment

RESEARCH QUESTION
 What is the main purpose of the POSH 2013?
 What are the definition of sexual harassment under this act?
 How POSH Act work ?
 What are the changes after this act ?
 What are the mechanism of punishment and complaint under POSH ?

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 LITERATURE REVIEW

. Astha Poonia
Assistant Professor, Jayoti Vidyapeeth Women’s University, Jaipur
“Amity International Journal of Juridical Sciences (Vol. 5, 2019)”
She wrote and article on Sexual harassment at workplace which was internationally recognized for
and which talks about the sexual harassment prevailing at workplaces and what mechanism should be
followed and defficeny in POSH 3013 Act

CS NEHA JOLLY
Article published in TAX GRU on 20 May 2020
She is Company secretary by profession and wrote and articles on women safety an harassment in
Cirportaes and workplaces and telling about he issues and how can be POSH 2013 can be more
effective

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 INTRODUCTION

Gender equality is a basic human right in all dimensions, and the Constitution of India ('Constitution')
ensures equal status and opportunity for all its citizens. Sexual harassment is viewed as a violation of
the fundamental right of women to equality, which is guaranteed by Articles 14 and 15 of the
Constitution, as well as by the right to life and to live with dignity, in accordance with Article 21 of
the Constitution. Sexual assault in the workplace produces an unstable and hostile work environment,
thus discouraging the involvement of women in work. Their social and economic growth are
adversely affected. The Constitution also grants every person the right, pursuant to Article 19(1)(g) of
the Constitution, to practise or engage in any profession , trade or service, including the right to a
secure atmosphere free of all forms of harassment. 1

In 2013, the first Indian law on the topic of sexual assault at work in particular was enacted. The
Sexual Abuse of Women on Work Act , 2013, was introduced by the Minister for Women and Child
on 09 December 2013. Growth, India. Growth. The government has also notified the provisions of the
Sexual Harassment of Women at Work (Prevention , Prohibition and Redress) Act (Prevention,
Prohibition and (Redressal) Rules 2013 on SeXual Harassment of Women at Work. There are 8
chapters and 30 parts of the Act.2

In order to deter and defend women from sexual assault at their workplaces and for the successful
recovery of allegations of sexual harassing, the Sexual Harassment of Women at Work (Prevention ,
Prohibition and Redress) Act, 2013 has been adopted. The Law aims to fill the statutory gap and
provide a safe and stable working atmosphere free of all types of harassment to all women regardless
of age or jobs.

EVOLUTION OF THE LAW ON WORKPLACE SEXUAL

HARRASMENT:

The Laws for the prevention, prohibition and recourse of sexual assault on women in the workplace
(2013) and for the rules of prevention, prohibition and correction on sexual harassment of women at
work (2013) were passed 16 years after the Supreme Court 's historic judgement of India in “Vishaka
and other VS State of Rajasthan (Vishaka Judgment)”. In the Vishaka judgement the Supreme
Court laid down guidelines requiring each worker to create a mechanism to resolve complaints

1
“ Narendra Kumar v. State of Haryana, JT, (1994) 2 SCC 94”
2
Statement of Objects and Reasons, Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013.

4
concerning sexual abuse in the job and to enforce the right to equal treatment between women and the

working class in the workplace (Guidelines ii).

THE VISHAKA JUDGEMENT:3

In 1992, Bhanwari Devi, a woman employed by the Government of Rajasthan 's rural development
programme, was brutally raped by a gang because of attempts to stop children's marriage from being
prevalent. This incident exposed the dangers facing working women every day and highlighted the
need to include protection in this regard. Womens' rights defenders and lawyers filed a lawsuit of
public interest with the Supreme Court of India, barred by Vishaka, championing working women 's
cause across the world.

For the first time , the Supreme Court of India acknowledged the obvious lack of legislation and
acknowledged sexual harassment in the workplace as a violation of human rights. iThe guidelines
have been established by the Supreme Court of India, which was signed and ratified by India in 1979
and is based on the 1979 Convention on Eliminaon of t All Forms of Discrimination against Women.

In accordance with the Vishaka judgement, the guidelines would have the effect of rule, obligatory to
be implemented by organisations in the private and government sectors before a statutory structure on
the subject is drawn up and enacted.

LEGISLATIVE TIMELINE

“2007------------------Draft Protection of Women against Sexual Harassment

at Workplace Bill, 2007 (―Bill‖) approved by the Union Cabinet.

2010------------------The will was introduced in Lok sabha

2012------------------The will was amended and reintroduced in Lok sabha

September 03, 2012 & March 11, 2013-----The Sexual Harassment of

Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012
was passed by the Lok Sabha

FEB 26 2013-----------------The Sexual Harassment of Women at Workplace

(Prevention, Prohibition and Redressal) Bill, 2012 was passed by the Rajya
Sabha.
3
AIR 1997 SC

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April 23 2013----------------The Prevention of Workplace Sexual
Harassment Act received the President‘s assent and was published in the
Gazette of India as Act No. 14 of 2013.

December 09 2013-----------------The Indian Ministry of Women and Child

Development notified: December 09, 2013 as the effective date of the
Prevention of Workplace Sexual Harassment Act; and The Prevention of
Workplace Sexual Harassment Rules”4

APPLICABILITY AND SCOPE:

The molestation of women at geographic point (Prevention, Prohibition and Redressal) Act, 2013

extends to the ‗whole of India‘ and stipulates that a woman shall not be subjected to molestation at
her workplace. it's pertinent to notice that the statute protects solely women and isn't meant to be a
gender neutral legislation.

Moreover, both the organised and unorganised sectors in India are subject to the Sexual Abuse of
Women at Work (Prevention , Prohibition and Redressal) Act , 2013. Among other items, the law
refers to government agencies, companies of the private and public sector, non-governmental
organisations, organisations carrying out corporate, vocational, educational,Entertainment,
manufacturing, financial operations, clinics and nursing homes, educational institutions, sporting
facilities and arenas used for training people and a dwelling place or a house.

DEFINATION UNDER THE ACT:5

“There are some few following terms under this act:

“Aggrieved women” means

a. “A woman, of any age, whether employed or not, who claims to have been subjected to any
act of sexual harassment by the respondent in relation to the workplace;”
b. “A woman of any age who is working in such a dwelling place or house, in relation to a
dwelling place or house;”

4
“https://www.icsi.edu/media/portals/71/students/POSH%20-%20Team%20C%20-%2032nd%20MSOP.pdf”
5
“The sexual harassment of women at workplace Prevention,Prohibition, and Redressal Act 2013”

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“Domestic worker” “means a woman who is employed to do the household work in any
household 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;”

“Employee” “means 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 coworker, a contract worker, probationer, trainee, apprentice or called
by any other such name;”

“Employer” means.

a. “in relation to any department, organization, undertaking, establishment, enterprise,

institution, office, branch or unit of the appropriate Government or a local authority, the
head of that department, organization, 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;”
b. “ in any workplace not covered under subclause (i), any person responsible for the
management, supervision and control of the workplace. Explanation: For the purposes of
this subclause ―management includes the person or board or committee responsible for
formulation and administration of polices for such organization;”
c. “ in relation to workplace covered under subclauses (i) and (ii), the person discharging
contractual obligations with respect to his or her employees;”
d. “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;”

“Sexual harassment” includes any one or more of the following unwelcome acts or
behaviour (whether directly or by implication) namely–

a. “physical contact and advances; or”

b. “a demand or request for sexual favours; or”

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 c. “making sexually coloured remarks; or”
d. “showing pornography; or”
e. “any other unwelcome physical, verbal or nonverbal conduct of sexual nature”

“Workplace includes”

a. “any department, organization, 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
cooperative society;”
b. “any private sector organization or a private venture, undertaking, enterprise,
institution, establishment, society, trust, nongovernmental organization, unit or
service provider carrying on commercial, professional, vocational, educational,
entertainmental, industrial, health services or financial activities including production,
supply, sale, distribution or service;”
c. “ hospitals or nursing homes;”
d. “any sports institute, stadium, sports complex or competition or games venue, whether
residential or not used for training, sports or other activities relating thereto;”
e. “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;”
f. “a dwelling place or a house;”

CIRUMSTANCES WHICH AMOUNT TO SEXUAL HARASSMENT:

No women should be subjected to sexual harassment at any workplace.

The following circumstances will we resulted in an sexual harassment

1.Implied or explicit promise of preferential treatment

2.Implied or explicit threat to determental treatment

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3.Humiliating treatment which affect her health or safety

4. Implied or explicit threat about her present or future employment

5. Interfering with her work or creating an intimidating ,offensive or hostile work environment

COMPLAINT COMMITTEE:

An significant aspect of the Workplace sexual harassment Prevention Act is that it allows for
grievance resolution forums to be set up for both organised and unorganised industries.

A. INTERNAL COMPLAINT COMMITTEE (ICC)

The sexual harassment of women at workplace (Prevention, Prohibition, and redressal) Act 2013
reqiures an employer to setup “INTERNAL COMPLAINT COMMITTEE”at each office branch of an
organization employing 10 or more then 10 employee to hear grievances to sexual harassment.

PRESIDING OFFICER- Woman employed at a senior level at workplace for amongst the
employees

MEMBERS- Not less then 2 members amongst employees , Preferably committed to cause of
women work or who has experience in social work or have legal knowledge.

EXTERNAL MEMBERS - From NGO or organisation committed to cause of women or person

familiar with issue relating sexual harassment.

B. LOCAL COMPLAINT COMMITTEE (LCC)

At district level , the government is required to setup “ LOCAL COMPLAINT COMMITTEE” to

investigate and redress the complaints of sexual harassment from the unorganized sector or from
establishments where the ICC not been constituted on account of not having more then 10 employees
or if the complaint is against employer.

1. NOTIFIACTION TO DISTRICT OFFICER

Appropriate government may notify District magistrate and Additional district magistrate as a officer
under this act to exercise powers

2. CONSTITUTION AND JURISDICTION OF LOCAL COMPAINT COMMITTEE

(A.)In the district concerned, each District Officer shall appoint a committee to be known as
the Local Complaints Committee to accept sexual assault complaints from establishments

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 where the Internal Complaints Committee has not been formed due to less than ten employees
or where the complaint is against the employer itself.

(B.) The District Officer shall appoint one nodal officer to receive complaints and forward
them to the Local Complaints Committee concerned within a period of seven days in every
block, taluka and tehsil in the rural or tribal area and ward or municipality in the urban area.
(C.) The competence of the Local Complaints Committee shall extend to the areas of the
district in which it is established.

3. COMPENSATION, TENURE , AND OTHER TERMS AND CONDITIONS OF LCC

(A.) The local complaint committee shall consist of the following members to be nominted

by District officers namely:-

1. A Chairperson to be nominated from among the leading women in the field of social
work and dedicated to women's cause;
2. One Member to be appointed from among women working in the district block, taluka
or tehsil or district ward or municipality;
3. Two members, of whom at least one is a woman, need to be elected from among those
non-governmental groups or organisations dedicated to the cause of sexual harassment
by women or by individuals acquainted with sexual harassment issues, as may be
prescribed:
4. Provided that, preferably, at least one of the nominees has a background in law or
legal knowledge:
Furthermore, given that at least one of the candidates is a woman who, from time to
time, belongs to the Scheduled Castes or the Scheduled Tribes or the Other Backward
Groups or minority group notified by the Central Government;
5. The officer of social services or women and child development in the district
concerned shall be a member ex officio.

(B.) For a term not exceeding three years, the Chairman and each member of the Local
Committee shall hold office on the date of their election, as may be specified by the District Officer.

(C.) Where the Chairperson or any Member of the Local Complaints Committee:

1. contravenes the provision of Section 16 or,

2. For the time being in effect is pending against him, he has been convicted of a
crime or an investigation into a crime under some law; or

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 3. Any criminal proceeding or a criminal proceeding pending against him has been
found guilty; or

4. The Chairperson or Delegate shall, as the case may be, be excluded from the
Committee and the vacancy so created or any casual vacancy shall be filled by fresh election
in compliance with the rules of this section if he has violated his role in order to prejudice the
public interest of his continuance of office.

5. The Chairperson and the members of the Local Committee other than the members
nominated pursuant to sub-section (1)(b) and (d) shall be entitled to such fees or expenses as
may be prescribed for the conducting of the Local Committee proceedings.

3. GRANTS AND AUDIT6

(1) “Following proper allocation made by the Parliament by statute on that behalf, the
central government may grant the State Government the amounts of money that the
central government deems fit to be used to pay the fees or allowances referred to in
subsection (4) of section 7.”
(2) “The State Government can set up an agency and pass to that agency the grants made
pursuant to subsection ( 1).”
(3) “The Organization shall pay the District Officer the amounts needed to pay the fees or
allowances referred to in sub-section ( 4) of section 7.”
(4) “The accounts of the agency referred to in subsection (2) shall be preserved and
audited in such a way as may be prescribed, in consultation with the Accountant
General of the State, and the person in custody of the accounts of the agency shall,
before such date as may be prescribed, provide the Government of the State with its
audited copy of the accounts along with the auditors' report thereon.”

POWER OF ICC/LCC

The Prevention of Sexual Harassment in the Workplace Act provides that, if investigating a complaint
of sexual harassment in the workplace, the ICC and LCC shall have the same powers as are vested in
a civil court under the Code of Civil Procedure, 1908 while attempting a lawsuit in respect of:

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POSH ACT 2013

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 i. Summoning and imposing every person's attendance and questioning him on oath;
ii. Requiring that documents be discovered and produced; and
iii. Any other subject that can be prescribed.

COMPLAINT MECHANISM

Six copies of the written complaint, along with supporting documentation and the names and
addresses of the witnesses, must be sent to the ICC or LCC by an aggrieved woman who plans to file
a complaint within 3 months of the date of the incident and, in the case of a series of incidents, within
3 months of the date of the last incident. The ICC / LCC can extend the time limit for the lodging of a
complaint by a period of 3 months for reasons to be reported in writing. The statute also allows for
associates, families, colleagues, counsellors, therapists, etc. to file a lawsuit in cases where the lawsuit
is   Aggrieved workers are unable to file a lawsuit because of physical injury, mental disability or
death.

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REDRESSAL PROCESS:

Please refer to the flowchart below, which includes a description of the procedure to be followed by
the complaint by the aggrieved employee and the ICC / LCC to investigate the complaint. In order to
resolve the dispute, an aggrieved woman is entitled to request conciliation, although monetary
compensation should not be made as a basis for conciliation.

INTERIM RELIEFS:

The ICC / LCC is also empowered to prescribe interim steps to the employer, at the complainant's
request, such as:

i. A switch to some other workplace of the aggrieved woman or the respondent

ii. Granting leave of up to 3 months in addition to her usual statutory / contractual leave
right to the aggrieved woman
iii. Restrain the respondent from reporting on the aggrieved woman's job results which
responsibilities can be assigned to other staff, or writing a confidential report.

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PUNISHMENT AND COMPENSATION

The law prescribes the following penalties that an employer can impose on an employee for engaging
in a sexual harassment act:

i. Punishment as prescribed by the organisation's service rules;

ii. Where the company does not have rules on service, disciplinary action, including written
apology, notice, reprimand, censorship, withholding promotion, withholding pay rises or
rises, terminating the respondent from service, attending a therapy session or conducting a
community service; and
iii. Deduction from the salaries of the respondent of the fee owed to the injured woman

The statute also envisages payment of compensation to the aggrieved woman. The
compensation payable shall be determined based on:

i. Mental trauma, pain , suffering and emotional distress caused to the grieving employee;
ii. Loss of job prospects due to an incident of sexual harassment;
iii. Healthcare expenses incurred by the victim for physical or mental treatment;
iv. the profits and status of the suspected perpetrator;
v. Option of such payment in lump sum or in instalments.

In the event that the respondent fails to pay the aforementioned amount, the ICC may forward the
order for recovery of the amount as an arrears of land income to the District Officer concerned.

CONFEDENTIALITY:

Recognizing the sensitivity attached to matters relating to sexual assault, the Avoidance of Sexual
Harassment in the Workplace Act attaches considerable significance to ensuring that the complaint
and related details are kept confidential. Specifically, the law stipulates that details relating to sexual
assault in the workplace shall not be subject to such assault.

Provisions of the Law on the Right to Information, 2005. Furthermore, the legislation forbids the
dissemination of the contents of the complaint, the identity and addresses of the complainant, the
respondent witnesses, any details related to the conciliation and investigation proceedings, the
recommendations of the ICC / LCC and any action taken by the public, the press and the media in any
way.

That said, the law allows for the dissemination of information pertaining to the justice system that has
been secured to any victim of sexual harassment, without disclosing the name , address, identity or

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any other information that could result in the identification of the complainant or the witnesses.
Disclosure of the justice system could not only prevent other persons from engaging in sexual
harassment.

A fine of INR 5,000 is punishable in compliance with the terms of the service rules applicable to that
person or, where no such service rules exist, a fine of INR 5,000 is punishable by violation of the duty
to preserve confidentiality by a person entrusted with the duty to manage or deal with the complaint or
perform the investigation, or make recommendations or take action under the law.

CONSEQUENCES OF NON-COMPLIANCE

A fine of INR 5,000 is punishable in compliance with the terms of the service rules applicable to the
person concerned, or where no such service rules exist, in violation of the obligation to preserve
confidentiality by a person entrusted with the obligation to manage or deal with the complaint or
conduct the investigation, or make recommendations or take action under the law.

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

(PREVENTION . PROHIBITION ,AND REDRESSAL ) RULES 2013

Definations:

i. “Act” means the Sexual Harassment of Women at Workplace (Prevention, Prohibition

and Redressal) Act, 2013 (14 of 2013);
ii. “Complaint” means the complaint made under Section 9;
iii. “Complaints Committee” means the Internal Committee or the Local
Committee, as the case may be;
iv. “Incident” means an incident of sexual harassment as defined in clause (n) of
Section 2;
v. “Section” means a section of the Act;
vi. “Special Educator” means a person trained in communication with people with
special needs in a way that addresses their individual differences and needs;

FEES AND ALLOWANCE OF MEMBERS OF INTERNAL

COMMITTEE:

i. A Member appointed from among non-governmental organisations shall be entitled to an

allowance of two hundred rupees per day for the conduct of the Internal Committee's
proceedings and shall also be entitled to a reimbursement of the travel expenses incurred

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 while travelling by train in three-stage air-conditioning or air-conditioned buses and car
rickshaws or taxis, or of the actual travel expenses of the Member, whichever is lower.
ii.   The employer is liable for the allocation of allowances.

PERSON FAMILIAR WITH ISSUE RELATING TO SEXUAL

HARASSMENT COMPALINT

A individual who is concerned with sexual harassment issues for the purposes of clause ( c) of sub-
section ( 1) of Section 7 shall be a person who has experience in sexual harassment issues and can
involve any of the following:

i. A social worker with a minimum of five years of experience in the social work sector
ii. An person who is acquainted with labour, service, civil or criminal law

FEES AND ALLOWANCES OF MEMBERS OF LOCAL

COMMITTEE

i. The Chairman of the Local Committee shall be entitled to a regular payment of two
hundred and fifty rupees for the conduct of the Committee's proceedings.
ii.   Members of the Local Committee other than members nominated pursuant to
subparagraphs (b) and (d) of subparagraph (1 ) of Section 7 shall be entitled to an
allowance of two hundred rupees per day for the keeping of the proceedings of the Local
Committee and shall also be entitled to reimbursement of travel costs incurred while
travelling by train in three-stage air-conditioning, air-conditioning by bus and car
rickshaw or taxi, or in three-stage air-conditioning by coach and car rickshaw or taxi.
iii. The District Officer is responsible for paying the allowances referred to in subsections
(1 ) and ( 2) of this Law.

COMPALINT OF SEXUAL HARASSMENT

“For the purpose of sub-section (2) of Section 9:

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”

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 c) “an officer of the National Commission for Women or State Women‘s Commission;
or”

d) “any person who has knowledge of the incident, with the written consent of the
aggrieved woman;”

ii. “where the aggrieved woman is unable to make a complaint on account of her mental
incapacity, a complaint may be filed by”.-

a. “her relative of friend; or”

b. “a special educator; or “

c. “a qualified psychiatrist or psychologist; or”

d. “the guardian or authority under whose care 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
whose care 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;”7

MANNER OF INQUIRY INTO COMPLAIN:

i. The complainant shall send six copies of the complaint, along with the supporting
documentation and the names and addresses of the witnesses, to the Complaints
Committee at the time of lodging the complaint.
ii. The Complaints Committee shall, upon receipt of the complaint, give to the respondent
one of the copies obtained from the aggrieved woman under sub-rule (1) within a period
of seven working days.
iii. Within a time not exceeding ten working days from the date of receipt of the documents
referred to in sub-rule (1), the respondent shall file his reply to the complaint along with
his list of documents and the names and addresses of the witnesses.

7
https://www.accdocket.com/articles/india-posh

17
 iv. The Complaints Committee shall, in compliance with the standards of natural justice,
investigate the complaint.
v. The Complaints Committee shall have the power to terminate the investigation
proceedings or to give an ex-parte decision on the complaint if, without reasonable
reason, the complainant or respondent fails, at three consecutive hearings convened by
the Chairperson or the Presiding Officer, to present himself or herself, as the case may
be:
Given that any termination or ex-parte order could not be passed on to the party
concerned without providing a written notice fifteen days in advance.
vi. The parties shall not be permitted to bring, at any point of the proceedings before the
Complaints Committee, any legal professional to represent them in their case.
vii. A minimum of three members of the Complaints Committee, including the Chairman or
the Chairperson, as the case may be , shall be present at the time of the investigation.

RELIEF TO COMPLAINANT DURING PENDANCY OF REPORT:

Upon the written request of the aggrieved woman, the Complaints Committee can recommend the
employer to:

i. Restrain the respondent from disclosing or writing a confidential report on the job
performance of the aggrieved woman and delegate the same to another officer.
ii. Restrain the respondent from supervising the academic operation of the aggrieved woman
in the case of an educational institution.

MANNER OF TAKING ACTION FOR SEXUAL HARASSMENT

COMPLAINT:

Except in cases where there are service regulations, where the Complaints Committee determines that
the claim against the respondent has been created, it shall, as the case may be, request that the
employer or the District Officer take some action, including written apology, notice, reprimand or
censure, withholding of promotion, withholding of pay increase or increases, termination of pay
increase or increases, etc.

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ACTION FOR FALSE AND MALICIOUS COMPALAINT OR FALSE
EVIDENCES :

Except where there are service rules, the Complaints Committee decides that the claim against the
respondent is malicious or that the aggrieved woman or any other person making the complaint has
made a complaint knowing that it is false or that the aggrieved woman or any other person making the
complaint has created any falsified or misleading paper, action will be taken by District officer under
provison of section 9.

APPEAL:

Subject to the provisions of Section 18, any individual aggrieved by or not enforcing the
recommendations made under sub-section ( 2) of Section 13 or sub-section I or sub-section (ii) of sub-
section ( 3) of Section 13 or sub-section (1) or sub-section (2 ) of Section 14 or Section 17 may prefer
to appeal to the appeal authority   Notified under Section 2 of the Industrial Jobs (Standing Orders)
Act, 1946 (20 of 1946) under clause (a).

MANNER TO ORGANIZE WORKSHOP ON SEXUAL HARASSMENT

Subject to the provisions of Section 19, every employer shall:

i. Develop and disseminate an internal policy or charter or resolution or declaration for the
prohibition, prevention and redress of sexual harassment in the workplace aimed at
fostering safe spaces responsive to gender and removing underlying factors leading to a
hostile working environment against women;
ii. The presentation of orientation programmes and seminars
iii. carry out employees awareness programmes
iv. conduct capacity building and skill building programmes
v. declare the names and contact details of all the Members of the Internal
Committee;
vi. use modules developed by the State Governments to conduct workshops and
awareness programmes for sensitising the employees with the provisions of the
Act.

PREPERATION OF ANNUAL REPORT:

The prepation of annual report which the committee prepare annually is under section 21 of this
provision of the act.

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I. Number of the reports recived in the year
II. Number of complaints disposed off during a year
III. Number of cases pending more then 90 dyas
IV. Numbers of workshop or seminar is being carried out in an year for awareness
V. Nature of action taken by district officer and employers

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 CONCLUSION
In its developmental objectives, India is increasingly progressing and more and more women
are entering the workforce. Recognition of the right to freedom from sexual abuse is an
intrinsic aspect of protecting the human rights of women. This is all a step towards the
dignified provision of women's freedom, equal rights and the right to work. A social
challenge that needs to be tackled is sexual harassment at work. It is necessary to raise
employers' and employees ' awareness of the prevalence of forms of workplace sexual
harassment, prevention steps, and the legal structure for preventing and coping with sexual
harassment. In order to improve best practise on how to handle sexual abuse in the
workplace, distribution and awareness-raising programmes should be undertaken and
reviewed annually, As well as forewarning and reporting on forms of sexual assault in order
to encourage future victims to prevent them. Improving sexual assault awareness courses and
including reports or a workplace handbook on the prevention of sexual harassment will help
tackle it.

"While the physical structure of the victim is ruined by a murder, sexual assault degrades
and defiles the psyche of a vulnerable woman.8

8
http://www.slideshare.net/krishcyb/sexual-harassment-of working women in India

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 BIBLIOGRAPHY
Articles

 Tom Dannenbaum and Keya Jayram (2005)”Combating Sexual Harassment at

Workplace”, India Centre for Human Rights and Law, Mumbai.
 . Curriculum and Gender Question : The Indian Experience, Saroj Pandey ( Senior
lecturer, DTEE, NCERT, New Delhi) , Social Action, Vol. 46, Jan-Mar.1996.
 Status of Women and Social change, By B. Sivaramayya in Journal of Indian law
institute, Vol. 25, 1983.

Books

 Alok Bhasin (2007) “Sexual Harassment Work”, Eastern Book Company Publishing (P)
Ltd, Lucknow.
 A.S Anand (2003) “Justice for Women”, Universal Law Publishing CO. Pvt. Ltd, G.T
Karnal Road Delhi.
 Monica Chawla (2013) “Gender Justice”, Deep and Deep Publications Pvt. Ltd, New
Delhi

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