International Journal of Disaster Recovery and Business Continuity

Vol.11, No. 3, (2020), pp. 937-943

Prevention of Sexual Harassment at Workplace Act-2013: A Study of

Banks and Justice J.S.Verma’sVishakha Guidelines

Abhishek Tiwari and Rajeev Samuel

Department of Management, Dr. A. P. J. Abdul Kalam University, Indore (M.P.)-452016
Corresponding Author : Rajeev Samuel

Abstract:
Sexual harassment at work in India is one of the most common crimes against women. Equality before
the law and equal protection between men and women is a constitutional guarantee of the strength of
several legal provisions in the Indian Criminal Code (IPC). Some special laws have also been
enacted from time to time to prevent and control women's sexual exploitation. One of them is the
Sexual Harassment (Prevention, Prohibition, and Remedy) Act of Women in the Workplace, 2013. The
law explains what all can be sexual harassment and how the Workplace must be proactive to ensure
women's rights. This document attempts to clarify the periphery of the law and how organizations
should act to protect and preserve the dignity of females.

1. Introduction
India is rapidly growing and advanced economy in different areas such as banking, infrastructure,
technology, quality of living, service etc. Despite these advances, the rights and welfare of women are
still threatened. The news of women's violence breaks every day at numerous points in India. These
incidences prove that India has bad reputations of women's welfare. In today's age, women in any
professional work equally with men. The employers often encourage inappropriate or immoral sexual
practices and fellow employers are often torturing women psychologically through sexual comments.
This topic was first introduced and communicated by an NGO named Vishakha in India in 1997.
The Act instructed all employers to create an internal complaint committee in any department with
over 10 employees at work. The Committee must be made of at least 4 members and 50% women.
Sexual assault may involve inappropriate behaviors such as physical violence, sexual harassment or
insistence, sexual criticism, pornography and any other sexual, mental, non-verbal or physical
behavior. This act offers a voice for many women to work independently and defend them from
inappropriate workplace behavior (HARASSMENT, 2017).

2. Background
Before 1997, persons who faced sexual harassment at work were required to file U/Section 354,
section 1860 of the IPC dealing with sexual Assault and Insult of Women's Humility and Section 509
punishing individuals found to be guilty of the crimes. For instance, in the 1990s, an employee of the
Rajasthan state government, Bhanwari Devi, tried to stop child marriage as part of her duty as a
worker in the women's development program but was raped by a local landlord. The chiefs, who were
angry with her, decided to teach her a lesson and raped her repeatedly. Rape survivors were not given
Justice in the Rajasthan High Court and rapists were allowed to be released (Singh, 2016). This
scenario isone of the many examples of sexual assault and insult of women‟s humility and dignity.
This matter was taken to court by a women activist NGO known as Vishakha. From that scenario, the
court ruled out guidelines that were going to be set to help women who go through such harassment.
The guidelines were too remain effective and till a proper bill was to be given to the public. The bill
would be responsible for protecting the rights of women who go through sexual assault such as rape
and work-related assault such as insult. Sexual assault on women was most common in the banking
sectors, Information Technology sectors, Education and hospitals among other sectors.

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 International Journal of Disaster Recovery and Business Continuity
Vol.11, No. 3, (2020), pp. 937-943

The guidelines were presented by Justice J. S. Verma that brought hope to women all over the
country. They had hope that their entire grievance will be had, and people who perform such acts can
be arrested and brought to book. The bill enacted on April 23, 2013, has created a balanced working
environment for both employees and employers. Protecting and giving women hope that they can
apply for jobs and work freely in any environment with minimal or no sexual violations on them
(Raychaudhuri, 2018).One problem that is still not clear to working females is how the country's
criminal courts take sexual harassmentseriously. This is because they do not take sexual assault as a
crime conducted against females.

3. Methodology
The analysis is generally descriptive the report represented one big service market: the banking
industry, which consists of 52 banks. The details are obtained from the annual reports by the banking
organizations for the five-year period from 2013 to 2018.
No of banks both private and public

Source RBI
To investigate compliance with the legal mechanism for sexual harassment at work in the Indian
banking industry

Table 2 reveals that between 2013-2014 and 2017-2018, percentages of public and private banks were
exposed to sexual assault. It highlights the adoption, during 2013-14, of sexual assault standards by
only eight public and five private institutions. In 2016-2017, public banks rose by 38.10% to 80.95%,
and private institutions increased from 23.81% to 85.71% as both companies have been required to
formulate sexual assault policies as provided for in the regulations.

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Vol.11, No. 3, (2020), pp. 937-943

In 2017-18, the sexual harassment policy was enforced only in 9 banks (42.86 percent), although the
proportion of public banks remained the same as in 2016-17. In the period 2017-2018, public banks
have a higher percentage (57.14%) than private sector banks for non-disclosure of sexual harassment
policies that indicate that the private sector is more accountable than the public. In fact, some private
sector banks have not given an annual report on their websites for years, so the banks have no good
idea whether or not these businesses have followed a culture of sexual abuse.
Table 3 indicates the number of cases of sexual misconduct filed between 2013-2014 and 2017-2018
and addressed and ongoing by public and private sector banks. Table 3 reveals that in the last five
years the number of cases reported has increased from 37 to 52, however, they declined during 2017-
2018 as no information relating to sexual abuse was given in their annual report by 12 public banks.
In the last 5 years, a cumulative annual resolution of 74.792 percent has resulted in the unresolved or
continuing 27.56 percent of cases suggesting accurate enforcement of the Act in the banking industry
resulting in declining pending cases of sexual assault. Second, as female workers are more aware of
the Act than in previous five years, cases of sexual assault in private banks ranging from 25 to 228
have risen significantly, thereby motivating them to bring cases against the victim (RBI, 2020).

4. Sexual Harassment Defined

The definitions provided in the Sexual Harassment (Prevention, Prohibition, and Remedy) Act 2013,
U/Sec.2(n) in the Workplace are reliable with the Vishakha judgment. This includes, but is not limited
to unwanted behavior (whether direct or implicit), such as physical contact and access, requests or
requests for sexual favors, sexual remarks, pornography, or other unwanted physical, verbal, or
unrecognized conduct, Verbal conduct of a sexual nature. This law provides that women are not
sexually harassed in any workplace, as defined by the law. Threats to current or future employment
acts that interfere with work or create a threatening, aggressive or hostile work environment, or any
humiliating treatment that could affect female employees, health or safety constitutes sexual
harassment (Raychaudhuri, 2018).
The scope of sexual harassment regulations is comprehensive and applies to both organized and non-
organized sectors. Given the broad definition of workplace, the statute applies to government
agencies, private and public sector organizations, non-governmental organizations, business,

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Vol.11, No. 3, (2020), pp. 937-943

vocational, educational, recreational, industrial, financial activities, hospitals, and organizations

carrying out nursing care (Raychaudhuri, 2018). Families, educational institutions, sports institutions,
and stadiums are used for personal training. Following sexual harassment rules, workplaces also
include transportation provided by employers for commuting to and from workplaces within the
extent of employee visits for reasons arising out of or during the employment process (Shivakumar,
2019). The definition of employee under the Sexual Harassment Act is relatively broad. It includes
full-time, temporary, individuals engaged directly or through an agent on a daily wage basis, contract
labor, co-workers, ad-hoc employees, trainees, and terms of employment, whether express or implied
whether or not, a trainee who works voluntarily, with or without compensation, or if not, with or
without knowledge of the state employer (Raychaudhuri, 2018).

5. Scope of the Act

The purpose of this law is to protect women from sexual harassment in the Workplace. The law's
initial aimwas to enlighten the intention of explaining sexual harassment as "Sexual harassment the art
of denying woman's right to equality in life and the right to live with dignity and the right to a job,
trade, or business, including the right to safe environment free from sexual harassment." The law
requires that all offices with ten or more employees have an Internal Complaint Committee (ICC) .It
also protects against false or malicious claims (Raychaudhuri, 2018). The definition of “an angry
woman” who will be protected under the law is so broad that it can encompass all women of all ages
or employment status, whether organized or unorganized, public or private includes customers and
domestic, the same goes for workers. The "workplace" in the Vishakha guidelines was limited to
traditional offices with a clear employer-employer relationship, but this law applies much more to
covering organizations, departments, offices, branches, etc. in the public or private sector. , Organized
or non-organized, hospitals, nursing homes, educational institutions, sports institutions, stadiums,
sports complexes, and any places visited by an employee during the employment process
(Shivakumar, 2019).

6. Internal Complaints Committee (ICC) and Local Complaints Committee (LCC)

The law requires employers to set up an ICC in each office or branch of an organization that employs
at least ten employees. The government is required to establish a LCC at the district level to
investigate complaints of sexual harassment in establishments for which an ICC is not formed if there
are fewer than ten employees or complaints against the employer (Shivakumar, 2019). The law also
demands the committee's composition, the procedures to be followed to file a complaint and
investigate a complaint in a timed manner (Raychaudhuri, 2018).

7. Interim Reliefs
This law allows the ICC and LCC to make recommendations to employers at the request of unhappy
employees.
Interim measures, such as transferring the female or respondent to another job.
Granting vacation to the disgruntled woman for a period of up to three months in addition to her
regular statutory/contract vacation eligibility.

8. Process for Complaint and Inquiry

Refer to the following flowchart outlining the steps an unhappy employee must follow to file a
complaint and an employer to investigate a complaint. Female employees should not make a monetary
agreement as a basis for reconciliation but may request for reconciliation(Shivakumar,2019).

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Vol.11, No. 3, (2020), pp. 937-943

Fig 1: Flowchart outlining the steps to file a complaint and to investigate a complaint

9. Action against Lighthearted Complaints

Protective measure considered under the sexual harassment law. An action clause has been created for
reporters of misuse, "false or malicious".

10. Complaint Process

The law requires that a woman can file a complaint of sexual harassment at work to the ICC or LCC
(if there is a complaint against the employer) within three months from the date of the case and in the
case of a series of lawsuits. Within three months from the date of the last accident. Suppose the
woman is unable to file a complaint in writing. In that case, the chairman or a member of the ICC
must provide reasonable assistance (or if the woman cannot file a complaint in writing with the LCC,
affordable service is: If a complaint is filed in writing by the chairperson or a member of the LCC.
According to the Women's Sexual Harassment (Prevention, Prohibition and Remedy) Regulation
2013 in the Workplace, if the woman is unable to file a complaint due to physical incompetence,
especially a relative or a friend may file a complaint: a co-worker, a member of the National Council
for Women, an officer of the State Council for Women, or someone who knows about the case with
the written consent of the disgruntled woman (Raychaudhuri, 2018).

11. Employer’s Responsibilities

In addition to ensuring compliance with other stipulated provisions, the law imposes certain
obligations on employers, such as:
(a) Provide a safe working environment.
(b) Conspicuously display the consequences of indulging in acts that may constitute sexual
harassment in the Workplace and the composition of the ICC.
(c) Regularly organize workshops and awareness programs to make employees sensitive to the issues
and impacts of workplace sexual harassment and to organize orientation programs for ICC members.
(d) In accordance with the rules of service, sexual harassment is treated as an offense, and actions
taken against the offense are initiated. Employers must also monitor the reports that the ICC submits
in a timely manner. If an employer does not form an ICC or does not comply with the provisions

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Vol.11, No. 3, (2020), pp. 937-943

contained therein, the law imposes a monetary fine of up to Rs.50,000. Repeating the same offense
may double the penalties, cancel the registration of the legal entity, or revoke the legal license
(Raychaudhuri, 2018).

12. Issues, Analysis and Recommendations

(1) The sexual harassment law only deals with the protection of female workers, not gender
impartiality. Male employees cannot claim protection or relief under the law in the event of sexual
harassment.
(2) The definition of "sexual harassment," the word "verbal, textual, physical, graphic, or electronic
behavior" should be added for clarity.
(3) It can be challenging for employers to form an ICC in "any administrative unit or office." It may
also require employers to invest more time and effort in training ICC members who are replaced
every three years. There is also a lack of clarity as to who should be the chairman of the ICC in the
absence of high-level female staff. Not only that but the number of female staff needed to form this
committee may be insufficient (Shivakumar, 2019). There are also no provisions that stipulate the
credibility and professionalism of the members who will form the committee. No mention was made
of the training and capacity building of these members.
(4) The law imposes an obligation on employers to resolve grievances related to sexual harassment at
work in a time-limited manner, which in some cases may be practically impossible because the
employee or witness concerned cannot easily cooperate-working.
(5) The law allows the employer to initiate action against the complainant in case of false or malicious
complaints. Although this provision is intended to protect the interests of the employer, it can prevent
victims from reporting such incidents and filing complaints, which in turn voids the purpose for which
the law was passed.
(6) With regard to Article 26 of the Act, the question arises to whom the employer complains about
not forming the ICC in accordance with the requirements of the law.

13. What a woman should do if she experiences Sexual Harassment?

(1)Report at the time: When you are sexually harassed, say "no" clearly and firmly, and when you
smile, the best way to set up sexual harassment is because you know your behavior is unpleasant. If
he/she asks you to go to a place, work, or participate in a situation that makes you uncomfortable, you
must say "no" firmly and clearly and worry about offending others. Shouldn't Complaining when an
action has occurred will help you decide to sue later.
(2)Record keeping: You need to keep track of what's happening in your register or diary, and keep
any form of harassment and the dates they occurred for further reference before any tribunal. Copies
of offensive material should be kept in the Workplace. Record the date, time (including frequency of
aggressive meetings), location, and a description of what happened. Write the name of the witness.
She can receive all the citations, awards, and everything else to prove her positive work performance.
Please pay special attention to the documents; her boss praised her and her work. If possible, you can
ask customers, employees, and colleagues for letters of praise.
(3) Conversation with someone you trust: If you act quietly or ascetic about sexual harassment, it will
continue. It would be best if you talked to other trusted colleagues, union members, family members,
or friends. You may not be the only one being bullied by the perpetrator.
(4) Witness creation: Inform a trusted colleague and make sure that you are an eye witness about the
situation of sexual harassment. This is useful if you later choose to file a formal complaint.
(5) Reporting sexual harassment to the appropriate person in the organization: Explore the various
methods available to you and, if necessary, file a formal complaint. If your organization doesn't have a
policy, she has her employer in place, an anti-sexual harassment policy, and does everything linked.

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 International Journal of Disaster Recovery and Business Continuity
Vol.11, No. 3, (2020), pp. 937-943

(6) Receive a checkup: If you are raped or physically assaulted, you must undergo a checkup and
receive a medical certificate. This is important for you to pursue a legal case (Raychaudhuri, 2018).

14. Conclusion
The paper investigated the level of compliance of 'sexual abuse by female work Act 2013 on banking
and (prevention, restriction and redress) Act of 2013. The paper has also analysis and briefed the
employers what the laws require from them by giving a study on Justice J. S. Verma‟s Vishakha
Guidelines. This with an aim that institutions such as banks will comply and also the employees to
know the process of logging in complaints. If these guidelines are followed properly we expect that in
the next 5years, there will be a change in sexual harassment cases.
Undoubtedly, the guidelines and norms made by the Supreme Court of the Vishakha guidelines are
the sources of the law. Over time, it is felt that the guidelines and norms were insufficient to deal with
cases of sexual harassment of women in the Workplace, and a strong law was a necessity of time, and
the law was enacted in 2013 accordingly. The law goes one step ahead and expands the definition of
„workplace' to include almost any type of facility, including private sector organizations, residences,
or housing, and includes a variety of issues that have not been resolved in the past, including the term
„household worker'. The non-organizational sector is to effectively address women's sexual
harassment issues.

References
1. Harassment, W. S., 2017. Chapter five workplace sexual harassment and institutionalization
of the status quo: a critique of the existing law in India Lovely Das Gupta. Society and Law:
An Exploration across Disciplines, p.63.
2. Khanna, A., Sexual Harassment of Women at Workplace.
3. Qazi, B. Z., sexual harassment law in india: thus far and further.
4. Raychaudhuri, T., 2018. The Law Relating to Sexual Harassment In India: An Analysis.
5. Sengar, A.S ., Analysis On Sexual Harassment Of Women At Workplace.
6. Sharma, D., 2016. Sexual Harassment at Workplace: Revisited. LBS Journal of Management
and Research, 14(1), pp.53-63.
7. Shivakumar, K., 2019. Prevention of" Sexual Harassment" at the Workplace-Can Training
Help?. SAMVAD, 19, pp.1-11.
8. Singh, T., 2016. Prevention of sexual harassment of women in the Workplace: seeking gender
equality at work in India. Journal of International Women's Studies, 18 (1), pp.104-113.
9. Thakur, S. and Kumar, S., 2019. Sexual harassment in academic spaces: a comparative
analysis of legal processes in India and Pakistan. Jindal Global Law Review, 10 (2), pp.173-
196.
10. https://www.rbi.org.in/,2020

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