SEXUAL HARASSMENT OF

WOMEN AT WORK PLACE

Name- Prateek Chaudhary
Course- BBA.LLB
Roll.no-2008501011
INTRODUCTION

sexual harassment at workplace

 Sexual harassment is any unwelcome sexually defined behaviour which can

range from misbehaviour of an irritating nature to the most serious forms such
as sexual abuse and assault, including rape.
 The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act
2013 defines sexual harassment to include any one or more of the following
unwelcome acts or behaviour (whether directly or by implication) namely:
 physical contact and advances.
 A demand or request for sexual favours.
 Showing pornography.
 any other verbal or non-verbal conduct of sexual nature.
Types of sexual harassment at workplace

 There are two types of sexual harassment at workplace:-

1. Hostile work environment.
2. Quid pro quo

Hostile work environment:–

"Hostile work environment" is any work place where at least one reasonable
employee feels disrespect or ignored.
Sexual harassment, discrimination victimisation, violence, and many other kind of
offensive and in appropriate behaviour will be considered as hostile work
environment.
Quid pro quo

Quid pro quo that means (this for that) harassment occurs when someone
is in a position of authority over another that is a (manager or supervisor)
directly or indirectly demand for sexual favours in exchange for some
benefit (a promotion, pay, increase etc.) or to avoid some demotion at
the workplace.
Where a complaint can be filed?
 Internal Complaints Committee - within that organization.

 Local Complaints Committee – local complain committee is formed to ensure

protection against sexual harassment for woman, employee working in
organisation that have less than 10 employee.

 In case, where the LCC may not be immediately accessible, the Act instructs
the District officer to designate one nodal officer in every block, taluka and tehsil
in rural or tribal areas and ward or municipality in the urban area, who will
receive the complaint and forward it to the concerned LCC within 7 days. Local
police station, in case provisions under the Indian Penal Code, are applicable.
EEOC(Equal employment opportunity
commission)(2018-2021)
Between FY 2018 and FY 2021, the EEOC received a total of 98,411 charges
alleging harassment under any basis and 27,291 charges alleging sexual
harassment.
HOW IT CAN BE PREVENTED

 One of the effective ways to prevent sexual harassment in the workplace is to

have proper reporting procedures.
 There should be a clear reporting system that victims can follow to report
sexual harassment. But the problem is that the act of reporting is in itself a big
challenge for victims.
How sexual harassment violates various
law?
In India, Sexual harassment violates by various enactments:

•Constitution of India: Article 14,15,19 & 21 provide for non-

discrimination, equality, work/profession rights and life of dignity.

•Indian Penal Code: Section 354, 376 & 509 provide for
penalties on outrage of modesty of woman and rape. The
amended sections now engulf larger incidents and also protect
women in custody, care and control of various persons.
Vishaka and others v. State of
Rajasthan(Bhanwari Devi Case)

 Vishaka and Others v. State of Rajasthan, also known as the Bhanwari Devi
case, was a landmark judgment by the Supreme Court of India in 1997 that
established guidelines for the prevention of sexual harassment at the
workplace.

 The Supreme Court held that sexual harassment at the workplace violates the
rights of women guaranteed under the Indian Constitution and international
conventions.
Vishaka case 1997

Before 1997:-
No formal guidelines on how an employer should deal with cases of sexual
harassment of women at workplace.
After 1997:-
Lok Sabha on 3rd September, 2012 passed SEXUAL HARASSMENT OF
WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND
REDRESSAL) Bill, which was later passed by Rajya Sabha on 26th
February, 2013, the Bill got assent of President on 23rd April, 2013 and
finally Act came into force on 9th December, 2013
Vishakha Judgement - 1997
Supreme Court acknowledged that:
 Sexual harassment is a human rights violation.
 Sexual harassment is a violation of the constitutionally guaranteed fundamental
rights:-
 Articles 14 and 15: Right to equality.
 Article 21: Right to life - to live with dignity.
 Article 19(1)(g) - Right to practice any profession/trade/occupation/business, i.e., a
right to a safe environment free from harassment.
The Judgement prescribed the guidelines and pursuant to the same The Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013 was enacted.
POSH ACT,2013
The Protection of Women from Sexual Harassment at Workplace Act, 2013 (POSH
Act 2013) is a landmark legislation in India that seeks to protect women from
sexual harassment. This law has enabled Indian women to stand up for their rights
and assert their autonomy in the workplace.

Through this act, government has sought out to provide woman with a safe and
secure working environment. and has put in place mechanism to prevent complaint
of sexual harassment.
 Features of posh act 2013
 No woman shall be subjected to sexual harassment at workplace
 The Committee is required to complete the inquiry within a time
period of 90 days. On completion of the inquiry, the report will be
sent to the employer or the District Officer, as the case may be, they
are mandated to take action on the report within 60 days.
 The inquiry process under the Act should be confidential and the Act
lays down a penalty of Rs 5000 on the person who has breached
confidentiality.
 The government can order an officer to inspect the workplace and
records related to sexual harassment in any organization.
THANK
YOU!