The "Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)" Act, 2013 was implemented on 22nd April, 2013 to provide for protection of women from sexual harassment at workplace and redressal of sexual harassment complaints and related matters.

Sexual harassment is a form of widespread violence that occurs every day. Most of the women go ahead ignoring these everyday occurrences of sexual harassment but these behaviors leave a deep impact on their mental level. It is very important to understand the difference between sexual harassment and teasing. If we look at the different forms of violence, almost all types of violence from birth to death are present in some form or the other in the lives of women.

As a result of sexual harassment, right to equality under Articles 14, 15 and 16 of the Constitution of India and fundamental right of a woman to live with dignity under Article 21 of the Constitution and right to carry on any profession, trade or business including sexual harassment get violated. There is also the right to a safe environment free from violence, which is violated.

In August 1997, women won a victory when the Supreme Court of India framed guidelines for sexual violence in the workplace in the case of Vishaka & ors. v/s state of Rajasthan, holding employers or organizations responsible for taking steps to prevent and redress sexual violence.

Requirement of the Act

•    Article 14 of the Fundamental Rights of the Indian Constitution provides that no person shall be denied equality before the law or the equal protection of the laws by the State within the territory of India.
•    Article 15 (3):- Nothing shall prevent the State from making any special provision for women and children i.e. it empowers the State to make special provision for the welfare of women and children.
•    Article 16: - This article guarantees equality of opportunity in matters of public employment.
•    Article 42: This article empowers the state to ensure just and humane conditions of work and directs to provide for maternity relief.
•    India has ratified the International Convention on the Elimination of All Forms of Discrimination against Women in June, 1993 to prevent exploitative use by all appropriate national, bilateral or multilateral measures.
Objectives of the Act
•    Prevention and redressal of complaints against sexual violence against women at workplace. Gender equality of women at workplace, conducive to work and providing independent conditions.
•    To ensure women's participation at the workplace as well as to make them financially strong with a sense of security.
•    Bringing into force a strong law for the protection of women at the workplace as per the Vishaka Guidelines. 

Definitions related to the act

1.    Employee means any person who is employed directly or through an agent including a contractor, on regular, temporary, ad hoc or daily wage basis, or on voluntary remuneration basis, in connection with any work at a work place.

2.    "employer" means the head of any department, organisation, undertaking, enterprise, institution, office, branch or unit of the appropriate Government or a local authority or such other officer as the appropriate Government or the local authority, as the case may be, may by order specify in this behalf;

•    a person responsible for the management, supervision and control of a workplace.
•    person performing contracts in relation to his employees in relation to the workplace.
•    Any person or household who employs or derives benefit from the employment of a domestic worker in terms of the number, period or nature of such employed worker or the nature of the employment.

3.    Workplace means any such government department, organization, authority, Government company or any corporation or co-operative society established, owned, controlled or controlled directly or financed indirectly by funds provided for:-

•    Any private sector organization, enterprise, undertaking, institution, society, trust, non-governmental organization unit or any service provider engaged in commercial, professional, educational, recreational, industrial, health services or financial activities, including production, sale, distribution Is;
•    includes a hospital or nursing home 
•    places used for training, sports or other activities connected therewith, any sports institution, stadium, venue of competition or play, whether residential or not;
•    any place visited by the employee in the course of employment, including transport provided by the employer for such travel; 
•    a dwelling house or a house

4.    Domestic worker means any woman who works in a house for remuneration, in cash, kind, directly or by any means, employed on temporary, permanent, part-time or pre-term basis but does not include a member of the household of the employer.

5.    Aggrieved woman means a woman who

•    A woman of any age, whether employed or not, who makes a complaint of sexual harassment by the respondent in relation to a workplace or
•    in relation to a dwelling house or household, a woman of whatever age who is employed in such dwelling house or household.

6.    Respondent means a person against whom the aggrieved woman has filed a complaint under section 9. 
Sexual harassment includes the following reprehensible sexual behavior

•    physical contact or exploitation or;
•    soliciting or requesting sexual favors or;
•    making sexually colored comments or;
•    showing pornography or; 
•    any other reprehensible physical, verbal or non-verbal offense of a sexual nature or Verbal Conduct 

Prevention of Sexual Harassment (3)

No woman would be sexually harassed at any workplace
Along with other circumstances, the following circumstances, if they arise or exist in relation to any act or conduct of sexual harassment, shall be considered as sexual harassment-

•    giving a clear choice of progressive behavior in its planning; Or
•    making harmful treatment or explicit threats to his employment, or making or making explicit threats to harm his current or future employment status, or
•    interfering with his work or creating a criminal or hostile work environment for him; Or
•    disrespectful conduct affecting his health or safety

Internal Complaints Committee (4)

If there are 10 or more employees at the workplace, the employer shall constitute an Internal Complaints Committee by a written order. 
Structure 

•    The composition of the Internal Complaints Committee will be as follows- In the committee, a presiding officer who will be a woman of senior level among the employees, but in case of non-availability of any senior level woman employee, the presiding officer from other offices or administrative units will be appointed.
•    There will be two members from the staff who have sensitivity towards women, as well as experience in social work and legal understanding.
•    One member shall be from a non-governmental organization working for women or a person familiar with issues relating to sexual harassment.
•    Half of the total members of the committee shall be women.
•    The tenure of the Presiding Officer and members will be up to 3 years from the date of nomination.

Removal of internal committee members from office

Where the Presiding Officer or any member of the Internal Committee
•    contravenes the provisions of section 16.
•    Has been convicted of an offence. any inquiry pending against him in respect of any offense under any law, or
•    he has been found guilty in any disciplinary proceedings or
•    any disciplinary proceedings are pending against him, or he has so abused his position as to
•    It has become against the public interest to continue in the post. 

Local Complaints Committee (5)

•    If there are less than 10 employees at the workplace, a local complaint committee will be constituted.
•    District Collector, Addl. District Collector, Deputy District Collector will be designated as District Officer at the district level. 
•    Local Grievances Committee will be constituted by the District Officer at the district level.
•    The District Magistrate will appoint a nodal officer at each Tehsil/Block/Ward/Municipal Corporation level, who will hand over the proceedings to the concerned Local Grievances Committee within seven days of receiving the complaint.
•    The jurisdiction of the committee will be on those areas of the district for which it has been constituted.

Composition (6, 7)

•    The Local Complaints Committee shall consist of members to be nominated by the District Officer.
•    Chairman, who is eminent in the field of social work and women
•    Will be a woman sensitive to problems. One woman member who shall be from among the women working in the block or tehsil or ward or municipality of the district.
•    Two members, of whom at least one member shall be a woman who is sensitive to women's problems, to be nominated from non-governmental organizations, and the other shall be a person who is aware of issues related to sexual harassment, but at least one woman Which will be nominated from caste, tribe, backward class or minority community.
•    Related to Social Welfare / Women and Child Welfare Department of the district.
•    The officer shall be the ex-officio member of the committee. The tenure of the chairman and members of the committee will be three years from the date of nomination.

Removal from office of the members of the Local Complaints 

Committee where the Presiding Officer or any member of the Local Committee 
•    contravenes the provisions of section 16, or
•    has been convicted of an offense pending any inquiry against him in respect of any offense under any law, or
•    he has been found guilty in any disciplinary proceedings or any disciplinary proceedings are pending against him, or
•    has abused his position in such a way as to it has become against the public interest to continue in the post.

Sexual Harassment Complaint (9)

•    An aggrieved woman may make a complaint to the Complaints Committee in writing within a period of 3 months from the date of occurrence of sexual harassment at workplace and within 3 months from the date of last incident in case of series of incidents.
•    Where such complaint cannot be made in writing, the Presiding Officer or Member of the Internal Committee or the President or any member of the Local Committee, as the case may be, shall assist the woman to make the complaint in writing.
•    Internal Committee or Local Committee for reasons to be recorded in writing extend the time limit of 3 months for presenting the complaint. If he is satisfied that the circumstances were such that the woman could not file the complaint within the said period.
•    If the aggrieved woman is unable to file a complaint due to her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may file the complaint.

Conciliation before starting the investigation (10)

•    The Internal Committee or the Local Committee may, before starting the inquiry under section 11 or on the request of the aggrieved woman, take steps to settle the matter between her and the respondent through conciliation.
•    Provided that no monetary settlement shall be made as the basis of conciliation.
•    The Internal Committee or the Local Committee shall record the resolution so arrived at and forward the same to the employer or the District Officer for taking such action as may be specified in the recommendation.
•    The copies of the recorded decision of the Internal Committee or the Local Committee shall be made available to the aggrieved woman and the respondent.
•    In case the complaint is resolved by the committee by reconciliation, No other test will be conducted.

Inquiry about the complaint ( 11 )

•    On receipt of a complaint against the witness, action will be taken according to the service rules applicable to the witness in the internal committee or the local committee where the witness is an employee.
•    Where no rule exists, the proceedings for inquiry in respect of the complaint shall be conducted in such manner as may be prescribed.
•    In the case of a domestic worker, the Local Committee, if a prima facie case exists, shall proceed as per the Indian Penal Code, 1860, and shall, within a period of 7 days, file a complaint with the police for registering a case under any other relevant provisions of the said Code.
•    Where the aggrieved woman informs that any condition of settlement made in relation to conciliation has not been complied with by the witness, the committee will proceed to inquire about the complaint.
•    Where both the parties are employees, the parties shall be given an opportunity of being heard during the inquiry and a copy of the findings shall be provided to both the parties to enable them to make representations against the findings before the Committee.
•    Notwithstanding anything contained in section 509 of the Indian Penal Code, the court may, when the deponent is convicted of an offence, order the deponent to pay to the woman such sum as it may deem fit.
•    internal committee or local committee to inquire into the complaint shall be vested with the powers of a civil court under the Code of Civil Procedure, 1908 in respect of

o    Summoning any person and examining him on oath, or
o    requiring the discovery and production of any documents, or
o    Any other matter which may be prescribed. 

•    The investigation of the complaint will be completed within a period of 90 days. 

Proceedings during pendency of inquiry ( 12 )

•    On a request made by the aggrieved woman, as the case may be, the Internal recommends the following to the committee or local committee will be able to-

o    to transfer the aggrieved woman or the respondent to another place of work;
o    Grant leave for a period of three months to the aggrieved woman; 
o    to provide such other relief to the aggrieved woman as may be prescribed

•    The leave shall be in addition to the leave granted to the aggrieved woman under this section to which she would otherwise be entitled. 
•    On the recommendation of the Internal Committee or the Local Committee, the employer shall implement the recommendations made by the Committee and will send the report of implementation to the internal committee or local committee.

Test Report (13)

•    The Internal Committee or the Local Committee shall make available a report of its findings to the employer or the District Officer, as the case may be, within a period of 10 (ten) days from the date of completion of the inquiry and such report shall also be made available to the parties concerned.
•    Where the Committee comes to the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer and the District Officer that no further action is required to be taken in the matter.
•    Where the Committee comes to the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer or the District Officer, as the case may be-

o    misconduct in accordance with the provisions of the service rules applicable to the respondent
o    in such manner or where such service rules have not been framed, in such manner as may be prescribed, to take action for sexual harassment,

•    Notwithstanding anything contained in the service rules applicable to the respondent, there shall be deduction from the salary or wages of the respondent such amount as it may consider appropriate to be provided to the aggrieved woman or her legal heir;
•    If the employer is unable to make such deduction from the salary of the respondent due to his absence from duty or termination of employment, he may direct the respondent to pay such amount to the aggrieved woman.
•    If the respondent fails to pay the above amount, then the Internal Committee or the Local Committee may send an order to the concerned District Officer for recovery of the amount as arrears of land revenue. the employer or the District Officer, after receipt of the recommendation by him will take action on it within sixty days.

False complaint or giving of false evidence (14) 

•    The internal committee or the local committee reaches such a conclusion that the allegation against the responent is malicious or that the complaint is made knowing it to be false. In that case, it may recommend to the employer or the district officer to take action against that woman or person as per the applicable service rules.
•    Where such service rules do not exist, recommend action to be taken in such manner as may be prescribed. 
•    Mere inability to prove a complaint or to provide sufficient evidence shall not lead to any proceeding against the complainant under this section.
•    The internal committee or the local committee reaches this conclusion. that during the inquiry any witness has given false evidence or produced any misleading document, he shall direct the employer of the witness or the District Magistrate to proceed in accordance with the rules applicable to the said witness. Where such service rules do not exist, recommend action to be taken in such manner as may be prescribed.

Compensation (15)

•    For the purpose of working out the amounts to be paid to the aggrieved woman, the Internal Committee or the Local Committee shall have regard to—
o    mental trauma, pain, suffering and emotional distress caused to the aggrieved woman;
o    loss of career opportunity due to the incident of sexual harassment;
o    for physical or psychiatric treatment by the victim
o    medical expenses; Respondent's income and financial status;
o    Feasibility of such payment in lump sum or instalments. 
Prohibition of publication of proceedings of complaint (16)

•    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, conciliation and inquiry proceedings No information relating to and recommendations of the Internal Committee or the Local Committee and the action taken by the employer or the District Officer under this Act shall be published, informed to the press and media or made public in any manner whatsoever.
•    Information regarding justice obtained by a victim of sexual harassment under this section may be disseminated without disclosing the name, address or identity of the aggrieved woman and witnesses or any other particulars indicating their identity.

Punishment on publication of proceedings of a complaint (17) 

•    Any person entrusted with the duty of conducting or acting on a complaint, inquiry or any recommendations or proceedings to be taken under the provisions of this Act, if he fails to comply with the provisions of section 16 contravenes the provisions of the Act, he shall be liable to penalty in accordance with the provisions of the service rules applicable to the said person or where such service rules do not exist, in such manner as may be prescribed. 

Appeal (18)

•    Any person aggrieved by the recommendations made under the provisions of the sections of this Act or by non-implementation of such recommendations may prefer an appeal to the Court or Tribunal in accordance with the service rules applicable to that person. Where such service rules do not exist then in other laws.
•    Without prejudice, the aggrieved may appeal in such manner as may be prescribed. 
•    The appeal will be processed within a period of 90 days of the recommendations.

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