SEXUAL HARASSEMENT IN THE WORKPLACE ACT 2013 (CHAPTER-3)

 SEXUAL HARASSEMENT IN THE WORKPLACE ACT 2013 (CHAPTER-3)

Research Person - Shalini Bishi

Introduction

The Prevention and Redressal of Sexual Harassment in the Workplace Act, 2013, marks a

significant milestone in the pursuit of gender equality and workplace safety in India.

Recognizing the inherent dignity of every individual and the fundamental right to work in an

environment free from discrimination and harassment, this Act endeavors to provide a robust

framework for the prevention, prohibition, and redressal of sexual harassment in all workplaces

across the country.Sexual harassment not only violates the rights and dignity of individuals but

also undermines the principles of equality and inclusivity essential for fostering a healthy work

environment. It creates barriers to women's full and equal participation in the workforce,

perpetuating power imbalances and hindering professional growth and advancement.This Act

aims to address these challenges by establishing clear definitions of sexual harassment,

delineating the responsibilities of employers, and outlining the mechanisms for complaints and

redressal. By mandating the constitution of Internal Complaints Committees (ICCs) at

workplaces and empowering them to conduct impartial inquiries and recommend appropriate

action, the Act seeks to ensure timely and effective redressal for victims of sexual

harassment.Furthermore, the Act emphasizes the importance of prevention through awareness-

raising initiatives, training programs, and the promotion of a culture of respect and zero tolerance

towards sexual harassment. It places a legal obligation on employers to create safe working

environments, provide support to victims, and take proactive measures to prevent and address

instances of sexual harassment.In addition to outlining the duties of employers and the

procedures for complaints and inquiries, the Act also stipulates penalties for non-compliance and

offenses, thereby reinforcing accountability and deterrence against sexual harassment in the

workplace.Through its comprehensive provisions and proactive approach, the Prevention and

Redressal of Sexual Harassment in the Workplace Act, 2013, stands as a testament to India's

commitment to upholding the rights and dignity of all individuals, irrespective of gender, and

fostering inclusive and equitable workplaces where every employee can thrive and contribute to

the nation's progress.

EVOLUTION OF SEXUAL HARASSEMENT IN WORK PLACE

ACT 2013

The Act to forestall episodes of sexual exploitation/harassment at workplace was enacted

following 16 years of the Supreme Court judgement on account of

Vishaka & Ors. v. State of Rajasthan which was recorded by NGOs due to the fierce assault

of a social worker while she was grinding away. The Supreme Court for this situation had held

that sexual harassment at work place is violative of sacred rights of women (counting rights of

balance, to practice any calling and to right to existence with dignity) and are prejudicial towards

women. Without authoritative shields, the Court, stated that an „full of feeling elective

component‟ was expected to forestall infringement of these central rights in the workplace and to

deliver the issues and to fill the administrative vacuum, Supreme Court in a similar case

additionally set out specific rules which made it compulsory for each employer to accommodate

an instrument to change complaints identifying with sexual harassment at work place (Vishaka

Guidelines). The Court likewise stated that the Vishaka Guidelines were to be treated as an

affirmation of law and were to be material until pertinent defensive enactment was enacted by

the Parliament.

Considering the above judgement, the absolute first endeavors, towards carrying out a law for

assurance of women from sexual harassment at workplace, were taken in 2007 when the

Protection of Women against Sexual Harassment at Workplace Bill, 2007, was presented in the

Parliament. In any case, this Bill never saw the light of the day.

On December 7, 2010, the Protection of Women against Sexual Harassment at Work Place Bill,

2010 was presented in Lok Sabha and was alluded to a Parliamentary Standing Committee on

Human Resource Development, driven by Shri Oscar Fernandes, on December 30, 2010 for

assessment, and the Standing Committee came out with its report in December, 2011.Further to

the report, resulting changes were made to the Original Bill, including to the title of the Bill,

which was changed to Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Bill, 2013. The difference in title plainly mirrors the goal of the Ministry for passing.

this enactment for example to not simply center on redressal of grumblings of sexual harassment

yet in addition center around avoidance and preclusion of sexual harassment.

As effectively stated above, since a few bills identified with avoidance of sexual

harassment, consistently, and were continually forthcoming in both houses of the Parliament,

Medha Kotwal Lele, facilitator of a centre for documentation and exploration on women,

recorded a request in the Supreme Court featuring various individual instances of sexual

harassment and contending that the Vishaka Guidelines were not being viably carried out. The

Supreme Court was explicitly needed to consider whether individual state governments had

rolled out the improvements to system and strategy needed by the Vishaka Guidelines or not.

The Supreme Court at that point, in Medha Kotwal Lele v. Union of India, stated that the

Vishaka Guidelines must be executed in structure, substance and soul to help bring gender by

guaranteening women to work to work with dignity , repectability and due regard.

 Sexual harassment under the Act

The Act has characterized what establishes sexual harassment under Section 2 (n) and states that

any of the accompanying (straightforwardly or by suggestion) will mean sexual harassment:

a. Actual contact and advances;

b. An interest or solicitation for sexual courtesies;

c. Offering sexually hued comments;

d. Showing porn; and

e. Some other unwanted physical, verbal or non-verbal direct of sexual nature.

The Act, under Section 3, has additionally enlarged the meaning of sexual harassment by giving

that any of the accompanying conditions, identified with sexual harassment, may likewise add up

to Sexual Harassment.

Inferred or unequivocal guarantee of particular treatment in the casualty's business;

Suggested or express danger of unfavorable treatment in the casualty's business

inferred or express danger about the casualty's present or future business status;

Meddles with the casualty's work or making a scary or hostile or antagonistic workplace for

her; and Embarrassing treatment liable to influence the casualty's wellbeing or security.

definition is wide, as it accommodates direct or suggested sexual lead, which may imply that

what is „inferred‟ sexual conduct for one individual, may not be something very similar for

someone else. Henceforth, the suggested conduct will rely just on the understanding of an

individual. The definition additionally gives that harassment might be a verbal or non-verbal

lead. Henceforth, a simple statement for a situation where the offended party mentioned

respondent No. 1 to teach the specialists to turn off the A. C. Machine, however in answer 2be

sexual harassment (Albert Davit Limited v. Anuradha Chowdhury and Ors27)The shortfall of any

actual contact or the endeavor to attack the complainants need not keep one in seeing the

looming disaster, figuratively speaking. The Petitioner was clearly beyond middle age and an

instructor who surely had extraordinary effect on the complainants. The absence of subtleties of

conceivable actual advances and any grabbing and other secretive sexual advances every so

often, apparently coincidental or by configuration would scarcely be relied upon to be described

by the two women. It is, accordingly, important to figure out the real story and comprehend the

trouble with which the complainants have even dared to present the said grievance and solely

after they had left their positions and were out of the range of the Petitioner

Dr. S. Thippeswamy v. Mangalore University Mangalagangothy.

Meaning of employer under the Act:Under Section 2 (g) of the Act, employer has been

characterized to mean any individual answerable for the administration, oversight and control of

the workplace and the executives incorporate the individual or board or advisory group liable for plan and organisation of polices for such associationThe employer is compelled by a sense of

honour to start disciplinary action against the official associated with sexual harassment, as it

includes human dignity of women cherished under Articles 14, 15 and 21 of the Constitution and

the request should be reasonable and sensible.

What is Sexual Harassment?

1 Physical contact and advances

2 A demand or request for sexual favours

3 Making sexually coloured remarks

4 Showing pornography

5 Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

What is sexual harassment at workplace?

Sexual harassment at the workplace is any unwelcome sexually defined behaviour which has the

purpose or effect of unreasonably interfering with the individual’s work performance or creating

an intimidating, hostile, abusive or offensive working environment.

The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act 2013 states that

if the following circumstances occur or are present in relation to, or connected with any act or

behaviour of sexual harassment, it may amount to sexual harassment at the workplace:

Implied or explicit promise of preferential treatment in her employment in her employment; or

Implied or explicit threat of detrimental treatment in her employment; or Implied or explicit

threat about her present or future employment status; orInterference with her work or creating an

intimidating or offensive or hostile work environment for her; or Humiliating treatment likely to

affect her health or safety.

 Can an aggrieved file a court a case of sexual harassment in the

workplace?

Yes, a court case suit can be filed for damages under laws. The basis for filing the case would be

mental anguish, physical harassment, loss of income and employment caused by sexual

harassment.

Under what circumstances can complaints be filed?

Complaints may be filed under the following circumstances:

Cases involving individuals from the same organizationCases that concern third-party

harassment, which implies harassment from an outsider. 

here a complaint cans can be filed?

internal Complaints Committee – within that organization

Local Complaints Committee – if you are an employee from an establishment where the Internal

Complaints Committee has not been constituted due to having less than 10 workers. In the case

that the complaint is against the employer himself/herself and the individual feels that the case

may be compromised, he/she can also lodge a complaint in the LCC.

For instances 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.

Duties or obligations of an employer

The law has accommodated a few obligations of the employer. Such obligations start when an

employer needs to set up an inward internal complaints committee to guarantee that abused can

document their grumblings and look for redressal to such objections and end when the employer

has given certain information, as per the arrangements of the law, corresponding to sexual

harassment in its yearly report.There are a few different obligations of an employer under the law, some of which are given beneath.

a) Provide a protected workspace at the workplace which will incorporate wellbeing from the

people coming into contact at the workplace.

b) Display at any obvious spot in the workplace, the punitive results of sexual harassments, and

the request comprises the Internal Committee.

c) Organise workshops and mindfulness programs at normal stretches for sharpening the

employees with the arrangements of the Act and direction programs for the individuals from the

Internal Committee. Concerning workshops and mindfulness programs, it says that employer

may organise the following:

Formulate and broadly scatter an inside strategy or sanction or goal or announcement for

disallowance, counteraction and redressal of sexual harassment at the workplace proposed to

advance gender touchy places of refuge and eliminate hidden factors that contribute towards an

unfriendly workplace against women.

Carry out direction projects and courses for the Members of the Internal Committee.

Carry out employee awareness programs and make gathering for exchanges which may include

Panchayati Raj Institutions, Gram Sabha, women‟s gatherings, moms' board, juvenile gatherings,

metropolitan neighborhood bodies and some other body as might be viewed as essential.

Conduct capacity building and ability building programs for the Members of the Internal

Committee.

Declare the names and contact subtleties of the relative multitude of Members of the Internal

Committee.

Use modules created by the State Governments to lead workshops and mindfulness programs

for sharpening the employees with the arrangements of the Act.

d) Provide fundamental offices to the Internal Committee for managing the grumbling and

directing a request.

e) Assist in getting the participation of respondents and observers before the Internal Committee.

f) Make accessible such data to the Internal Committee as it might require having respect to the

grumbling.

g) Provide help to the woman in the event that she so decides to document an objection

corresponding to the offence under the Indian Penal Code.

h) Cause to start action, under the Indian Penal Code or some other law for the time being in

power, against the culprit, or if the wronged woman so wants, where the culprit isn't an

employee, in the workplace at which the episode of sexual harassment occurred.

i) Treat sexual harassment as wrongdoing under the assistance rules and start action for such

unfortunate behavior.

j) Monitor the convenient accommodation of reports by the Internal Committee.

Ninth US Court of Appeals, in Yamaguchi v. Widnall 29, had said that an employer is at risk for

a collaborator's sexual harassment just if, after the employer learns of the supposed direct, he

neglects to take sufficient medicinal measures.

These actions should incorporate prompt and restorative action sensibly determined to end the

current harassment and to discourage future harassment from a similar guilty party or others

In Ellison v. Bardy30, the US Court of Appeals had held that to stay away from obligation an

employer should take probably a type of disciplinary action against an annoying colleague to

forestall future workplace sexual harassment and employers send some unacceptable message to

potential harassers when they don't teach employees for sexual harassment.

It additionally held that employers have a duty to communicate solid dissatisfaction with regards

to sexual harassment, and to create proper approval.

Relief to the victim

The Internal Committee, according to Section 12 of the Act can prescribe to the employer to give

certain help to the person in question, for example, transfer the distressed woman or the

respondent to some other workplace or award leave to the oppressed woman up to a time of a

quarter of a year (notwithstanding the leave she would be generally entitled), during pendency of

request, yet just if the casualty makes a composed solicitation. Rule 8 of the Rules,

accommodates further alleviation to complainants during pendency of request, for example,

limiting the respondent from covering the work

Execution of the abused woman or keeping in touch with her classified report, and appoint

something very similar to another official. Compensation while deciding remuneration, IC may

observe:

a. Mental injury, agony, enduring and enthusiastic trouble caused to the person

in question;

b. Misfortune in profession opportunity;

c. Clinical costs brought about by the casualty for physical or mental treatment;

d. Pay and monetary status of the Respondent; and

e. Possibility of such installment in singular amount or in portions (Section 15)

Conclusion

in Constitutional law perspective, Article 14, 15(1) and 16(2) of the Constitution pronounces that

gender equity is a central right and infringement of such right is culpable‟. In ensuring

women‟s central rights, the Supreme Court consistently assumes a significant part. The

Constitution of India ensures certain essential and key rights to every one of the residents of

India. These basic rights include: the right to correspondence, right to live with dignity and

individual freedom and the right to work.

It is vital to have a gender delicate workplace to satisfy the requirements of workers; particularly

women. Clearly Vishaka Guidelines gave insurance just to women as casualties against men as

respondents at workplace circumstance, which itself is very controversial. In any case, this has

come up principally because of man centric social design enduring in Indian culture, where

women are considered helpless, in spite of the fact that there might be instances of sexual

harassment of men by women in predominant positions. The execution of Sexual Harassment

Act would guarantee protected and sound workplace for women. Consequently, „The Sexual

Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a

land mark venture for securing rights of women and giving safe climate to women at workplace.