Sexual Harassment of Women at Their Work Place

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Sexual Harassment of Women at their Work Place

(Prevention) Bill, 2003

A Bill to provide for prevention of sexual harassment of women and womenemployees that is work related or arises during the course of employment or custodial

in nature by anyone including their employers, superiors, colleagues and mattersconnected therewith.

Be it enacted by Parliament in the fifty fifth year of the Republic of India as follows:-

1. Short title extent and commencement

i. This Act may be called the Sexual Harassment of Women at their Work

Place(Prevention) Act, 2003.

ii. It extends to the whole of India.

iii. It shall come into force with immediate effect.

2. Definition: In this Act, unless the Context otherwise requires -

a. "Appropriate Government" means in relation to the Centrally ownedundertakings or departments, the Central Government and in relation to

the other undertakings and departments, the State Government.

b. Employer means:-

i. In relation to an establishment which is under control of the

Appropriate Government a person or authority appointed by the

Appropriate Government for the supervision and control ofemployees or where no person or authority is appointed the

Head of the Department.

ii. In relation to an establishment under any local authority, the

person appointed by such authority for the supervision and

control of employees or where no person is so appointed theChief Executive Officer;

iii. In any other case, the person who or the authority which, has theultimate control over the affairs of establishment or house and

where-such affairs are entrusted to any other person whether

called a Manager, Managing Director, Managing Agent or byany other name, such person;

c. "Sexual Harassment" includes any avoidable sexual advances eitherverbal or through gestures or through use of sexually suggestive or

pornographic material, and includes amongst others; whistling, sexually

slanting and obscene remarks or jokes; comments about physical

appearance; demands for sexual favours; threats, innuendoes; avoidable


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physical contacts, touching, patting, pinching; physical assaults and

molestation of and towards women workers by their male colleagues, or

any one who for the time being is in a position to sexually harass thewomen.

d. "Woman" means and includes a woman employed, whether directly orthrough any agency, for wages or for similar other considerations in any

establishment, house or industry, or at construction site, or a self

employed women, and also includes a student in an educational or otherinstitution of learning.

e. "Work Place" means -

i. a factory;

ii. a mine;

iii. a plantation;

iv. an agricultural field;

v. a place of sale of agricultural or other products;

vi. a brick kiln;

vii. a construction site;

viii. a shop or business establishment;

ix. any private office or house including a farm house;

x. any Government, semi Government establishment or departmentincluding telegraph office, post office, telephone exchange etc;

xi. a hospital or nursing home;

xii. court premises, police stations; remand homes or other judicial

establishments;

xiii. restaurants, clubs, hotels; resorts or any other hospitality

establishments;

xiv. school, college, university or like institution;

xv. a training institution;

xvi. an establishment wherein persons are employed for exhibition of

equestrian, acrobatic, athletic and other sports related

performance;


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xvii. any other place, where a woman visits in connection with work;

2. Conduct of sexual harassment to amount to misconduct in

employment: Notwithstanding anything contained in any other law for the

time being in force, the conduct of sexual harassment would amount to

misconduct in employment.

3. Joint responsibility of employer in offence of sexualharassment :Notwithstanding anything contained in other law for the timebeing in force if an act of sexual harassment is committed at a work place, the

supervisor, manager and managing director or the overall administrative head,

shall also be joint responsibility for the commission of sexual harassment in the

establishment and irrespective of the intention and prior meeting of minds;section 34 of the IPC shall be made applicable in their case.

4. Women employees not to be harassed : No person being an employer ormanager or supervisor in charge of the officer/organisation or a factory or

establishment or any other work place or any other employee or any otherperson shall indulge or caused to be indulged in sexual harassment of womenemployees.

5. Punishment for sexual harassment of women : Notwithstanding anythingcontained in any other law for the time being in force whoever sexually

harasses a woman at work place shall be punished with simple imprisonment

for a term which may extend to five years or wit fine which may extend to

twenty thousand rupees or both.

6. Burden of proof :Notwithstanding anything contained in any other law for the

time being in force the onus of proving the innocence shall be on the accusedand the victim shall have the right to lead evidence in rebuttal.

7. Pleading in case of Harassed Women worker : Notwithstanding anythingcontained in any other law for the time being in force the case of a sexually

harassed woman at a work place shall be pleaded at her option either by herself

or with her counsel or by a women's organisation or the trade union of which

she is a member.

8. Trial to be held in camera :At the option of the trial of an offence committed

under this Act shall be held in camera.

9. Criminal Proceedings :

i. Where the conduct of sexual harassment amounts to a specific offence

under the Indian Penal Code or under any other law, the employer shallinitiate action in accordance with law by making a complaint with the

appropriate authority ensuring that the victims or witnesses are not

victimized or discriminated against while dealing with the complaints of


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sexual harassment.

ii. The employers shall at the option of the victim, transfer of theperpetrator or the victim from the place of posting.

iii. Notwithstanding anything contained in clauses (i) & (ii), where theperpetrator of sexual harassment happens to be the employer of the

victim, the Complaint Committee shall at the option of the victim

transfer the perpetrator and ensure that the victim or witnesses are notvictimized or discriminate against while dealing with the complaint of

sexual harassment.

2. Disciplinary Action : Where sexual harassment takes place at the instance ofor by the employer, the employer shall also initiate appropriate disciplinary

action in accordance with the rules relating to misconduct.

3. Complaint Mechanism : The employer shall create an appropriate complaint

mechanism as stated in section 14, within organisation for redressal of thecomplaint made by the victim. Such complaint mechanism should ensure timebound treatment of complaints.

4. Complaint Committee :

i. A complaints committee shall be constituted consisting of seven

members headed by a woman and not less than half of its members shall

be women.

ii. It shall include at least three non-government organisation or bodies

familiar with the issue of sexual harassment.

iii. In case the establishment has a number of branches/offices etc. each

such place shall have a separate committee.

iv. The committee shall complete its report within a period of six months

from the date of receipt of the complaint of sexual harassment from the

victim.

v. The committee shall recommend appropriate punishment and the

employer shall implement the same.

vi. It shall make an annual report to the Government department concerned,

of the complaints and action taken by them.

5. Third party harassment : Where sexual harassment occurs as a result of an

action or mission by any third party or outsider, employer and person inchargewill take all necessary and reasonable steps to assist the affected person in

terms of support and preventive action.


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6. Special Officers to deal with the cases in the government office :

1. The appropriate government shall designate an female officer, to be the

Special Officer in every department or officer under its jurisdiction todeal with cases arising out of this Act.

2. The Government shall widely publicize the designation and duties of

such Officer in every department or office.

3. The Special Officer so designated shall deal with complaints lodged by

female employees in her department or office or establishment and shallforward it to the Complaint Committee, constituted under section 14,

and the Complaint committee shall complete the report within six

months from the date of receiving such complaints.

2. District Level Officer for every district :

a. The appropriate government shall appoint a female District LevelOfficer other than those covered under section 6 (1), for every district todeal with cases arising out of provisions of this Act within the

jurisdiction of that district.

b. The District Level Officer specified in clause (i) shall be based in

Labour Department and shall look after the complaints of sexual

harassment at workplace by all women of the district irrespective of

whether they are employed in organised or unorganised sector or areself employed.

2. District Level Officer to make inquiries : As soon as a complaint has beenlodged with the District Level Officer, she shall investigate the matter and shall

direct the concerned employer to forward it to the Complaints Committee

constituted under section 14 to future inquire into the facts and circumstancesof the complaint and send a report to her in a time bound manner.

3. District Level Officer to ensure action against guilty : If after inquiry, theDistrict Level Officer receives a report against any person guilty of violating

the provisions of this Act, she shall -

a. in case the guilty is an employee of the Government, ensure thatdisciplinary action is taken against him by appropriate authority.

b. in case the guilty (harassed) is not employed in Government serviceensure that the employer or other person in charge of the affairs of the

organisation where harasser is employed takes necessary action in

accordance with the provisions of this Act.

4. Duty of the Employer :

a. It shall be the duty of the employer to inform the Complaints


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Committee and District Level Officer about the disciplinary action

initiated against the accused.

b. Where the employer himself is the accused the District level officer

shall be empowered to initiate the disciplinary action against such

employer in accordance with the service rules.

5. Non compliance of the report of District Level Officer : When no action has

been taken by the employer or the person in charge or the affairs of theorganisation where the accused is employed, on a report by the District Level

Officer.

i. in case it is an office or establishment under the control of the

appropriate Government, the appropriate Government may terminatethe services of both the accused person and the person in charge of the

office where the victim is working.

ii. in case the work place where the victim is employed is not under thecontrol of government, the facilities and concessions extended to that

organisation by the appropriate government shall be withdrawn

forthwith.

2. Power of the District Level Officer : A District Level Officer while

discharging her functions under the provisions of this Act shall have the powersof a Civil Court and the proceedings thereof shall be in accordance with the

Code of Civil Procedure, 1908.

3. Workers initiative : Employees should be allowed to raise issues of sexual

harassment at worker's meeting and in other appropriate forum, and it shall be

affirmatively discussed in employer-employee meetings.

4. Power to make rules : The Central Government may, by notification in theOfficial Gazette, make rules for carrying out the provisions of this Act.

September 03, 2012 NDTV

New Delhi:Amid din over coal block allocation issue, the Lok Sabha today passed a billwhich seeks to protect women, including lakhs employed as domestic workers, from sexualharassment at workplace.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)Bill, 2010, piloted by Women and Child Development Minister Krishna Tirath, was passedwithout discussion amid uproar with BJP members storming the Well.

Under the Act, the sexual harassment includes any one or more of unwelcome acts orbehaviour like physical contact and advances, a demand or request for sexual favours ormaking sexually coloured remarks or showing pornography.

Most Recent


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The acts or behaviour whether directly, or by implication, include any other unwelcomephysical, verbal or non-verbal conduct of sexual nature.

Non-compliance with the provisions of the Act shall be punishable with a fine of upto Rs. 50,000.

Repeated violations may lead to higher penalties and cancellation of licence or registrationto conduct business.

The Act defines domestic worker as a woman employed to do household work in anyhousehold for remuneration whether in cash or kind, either directly or through any agencyon temporary, permanent, part time or full time basis, but does not include any member ofthe family of the employer.

A Parliamentary Standing Committee, which had examined theBill, had held the firm view that preventive aspects reflected in it has to be strictly in line

with the Supreme Court guidelines in the 1997 Vishaka case.

The apex court's judgement in the case not only defines sexual harassment at workplace butalso lays down guidelines for its prevention and disciplinary action.

The Bill makes it mandatory that all offices, hospitals, institutions and other workplacesshould have an internal redressal mechanism for complaints related to sexual harassment.

THE SEXUAL HARA SSMENT (.REVENTr'N, OF WOMENAT WORKPLACE

'R.HTBITTON

AND REDRESSaTj e* L,. 20 t2

A

BILL

to provide protection against sexuar harassment of women at vtorkprace and forthe prevention and redressar of compraints oT rr:rroi lr"or'orr*nnt and for mattersconnected therewith or incideitat thereto.

wmRres sexual harassment results in vioration of the fundamentar rights of awoman to equalify under articles l4 and 15 ofthe conJtution of India and her right tolife and to live with dignitv uncrer arricre 21 of the c";r;;;i;; and right ro practice anyprofession or to ca.ry on any occupation, trade or business which inciudi, u dgtir; u ,i

"nui.onment ffom sexual harassment; free

ANo wrnnr^s the protection against sexuar harassment and the right to work withdignity are universally recognised ttut"'un.igi* iy international .onu.niion, andinstruments such as convention on the Elimination orutTpo*s ofDiscriminationagainst w.omen, which has been ratified on the 25th lune, I 9li by ,frJ Oou.*.ent ofIndia;


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AND wlfiRlas it is expedient to make provisions for giving effect to the saidconvention for protection of women against sexual harass*"n, u, workplace.

Short title,

extent and

commencement.

Definitions

2

Ba it enacted by Parliament in the sixty-third year , ofthe Republic of India asfollows;--

C}IAPTERI

pReltrvtrwaRy

p."hib1;iy,]#Jf,HlJ"r;:lj-rt tlT texualHarassmenrof women at workprace(prevention,

(2) Ir extends io the whole of India.

," *" 81ot'llif:H iliiljf'"" such date as the Cenhar Governmenr may, by notincarion

2- In this Act, unless the context otherwise requires,_

(a) "aggrievecl woman,, means_

(i) in relation,to a workpla..,d_ylTun,of any_age whether employed or

:":?Jftltr:ges

to have beensub.ject"d to any

"".irr3"*i'iarassment by the

l0

(ir) in relation to a dwe'ing place or house, a woman of any age who is employed insuch a dwelling pUJr.o. t uur";

(6) "appropriate Government" means-- 15

(r) in relation to a workplace which is established, owned, controlred or wholly or

substantialty tinancia uy rrni, p.ouia.d directly or indirecttv_

(l) by the Central Governmett or rhe r rni^- +^__,^_

the cenkal Government, 'nt the union tenitory artmini5trsl|ieq

n (B) by the State Governmen! the State Government;

(ir) in reration to any workplace not covered under sub-clause (,) and falling withinits territory tf," Stut..Co*rnment;


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(c) "chairperson

-

m.ean;

-thechairperson of the Local compraints committee nominated under sub-section (1)"t;il;;'er

L's t-ocat uomplain

(d) "District Officer,, 2s means an officer notified under section 5;

(e) "domestic worker" means a woman who is employed to do the household workin anv house hord for."r";;;i;;';;;". through any in cash or kind, either directry oragency on a temporary, p".-un.nf part time or fut time basis, but does not includeany member ortfr. fum;iy"or# ..0,"r".,

(// "emproyee" means a person emproyed at a.workpJace for any work on regurar,temporary' ad hoc or dairy *ug. uutir.'iinlr oo*r', or,t rorgi i''ug.ii. in.ruaing u;Tffi*Jr;i#;:ilr*t tr," mo*r.ag, Jiir," p.in.ipar emproyer, whether for

::T.'1"14',J,1!',;,li.lffi qi:H:?,41'ru]}:w;:**m#,, probattoner, trainee, apprentice oi.ulf.JUy'uny other such name;

(g) "employer" sls2115_

(i) in relation to any department, organisation. undertaking, establishment,enrerprise' instirution, office, branch ;;r;;;of the appropriare 60vernmenr or a rocarauthority, the 1."g "1 tr*i'i.0..*""r, organisation, undertaking, establishment'

enterprise,in^stt$:;, 4t) f* branch o. unit o. ruct o*,., orn.".

fi '*::ilXlff ',ff ilff 1;

;' ;; ;;;i-,r,o.i,v, u,,i. ;;*';;., may by

(ii) in any workplace not covered under sub_clause (r), any person responsible forthe manag.ment, srpe.vit." *a control of the workplace. 45

Exptlanation. I:. ,h: o'u.Oor", of this sub-clause ..management,,

includes the person or board or clmmittee responsible administration forformuration and of polices for such organisation;

(irr) in relation to workprace covered uncrer sub-clauses (i) and (ir), the persondischarging contractuar obrigations witt r.spe.i to;i;;;;;.

(rv) in relation to ",noroyees; a dwelling place or house, a person or a househordwho employs or benefirs fi,om the emptoyment oraomestiJw;;k.; ;r;.ctive of rhenumber, time period or type oi such worker emproyed, o. tt," iutu.. or tn"employment or activities performed by the domesic *o.Ler;


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(i) "Internal committee" means an Internal complaints committee constituted undersection 4;

l0

l5

n

(r) "Local Committee" means the

section 6;

Local Complaints Committee constituted under

f) "Member" means a Member ofthe Internal committee orthe Local committee, asthe case may be;

(t) "prescribed" means prescribed by rures made under this Act;

(/) "Presiding officer" means the presiding officer of the Internar complaintsCommitteenominatedundersub-section(2)ois!ction4;

(rn) "respondent" means a person against whom the aggrieved woman has made acomplaint under section 9; :

(,) "sexual harassment" includes any one or more of the foilowing unwelcome actsor behaviour (whether directly or by implication) namely:

(r) physical contact and advances; or

(ir) a demand orrequest for sexual favours; or

(iir) making sexuallycoloured remarks; or

(ru) showing pornography; or

(v) any other unwelcome physical, verbal or non-verbal conduct ofsexuar nature;

(o) "workplace" includes_

(r) any department, organisation, undertaking, establishment, enterprise,institution. office, branch oi unit wtric. is established, owned, controlled or rvholry orsubstanlia'y financed-by funds provided directly or inairectty uy ttre appropriateGovernment or the rocar authtrity o. a Governm.ni .o.p"ny o. u corporation or aco_operative society;

(ii) any private sector organisation or a private venture, undertaking, enterprise,institution, estabrishment. socieiy. rrurr. non-g*ernmental organisation, unit orservice p.rovider carrying on .or*.r.iui'p.or.rrionur, vocationar,educational,_entertiinmental, iniustrial, health services or financial activitiesincluding production, supply, sale, OistriUution or service:

(iir) hospitals or nursing homes;


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(iv) any sports institute, stadium, sports complex or competition or games venue,whether residentiar or not used for training, sports or other activities relatingthereto; -"""b' rvvrlJ ur utrlsl

(v) any place visited by the emproyee arising out of or during the course of

ffil']ffi:ilcluding transportation piovided u/tt e emproyer rJ,. uia"*uring

25

30

35

q

45

Prevention of

sexual

h arassment.

Constitution

of Internal

Complaints

Committee-

4

(vl) a dwelling piace or a house,

(p) "unorganised sector" in relation to a workplace means an enterprise owned

by individuals or self-employed workers and engaged in the production or sale ol

goods or providing service of any kind whatsoever, and where the enterpriseemplovs

workers, the number of such workers is less than ten.

3. (1) No \.voman shali be subjected to sexual harassment at any workpiace.

(2) The foliowing circumstances. anlong other circumstances, if it occurs or is pe:s::rt

in relation to or connected with aty act or behaviour of sexual harassment mavamoi,rn: io

sexual harassment:-

(i) implied or explicit promise ofpreferential treatment in her employ'mert. .ri


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(li) implied or explicit threat of detrirnental treatment in her emplol ment: o:

(iil) implied or explicit threat about her present or future emplol'meni st3ilrs: o:

(rv) interferes with her work or creating an intimidating or offensive oi :.)siire

work environment for her; or(v) hurniliating treatment likely to affect her health or safety.

CHAPTERII

CoNsrnutroN oF INTERNAL Colelnmrs CorvnatrrEe

4. (1) Every employer of a workplace shall, by an order in writing, constitute aColrliiiee

to be known as the "Internal Complaints Committee":

Provided that where the offices or adrninistrative units of the workplace are locaiecai

different places or divisional or sub-divisional ievel, the Internal Committee shal1 beconsir:ed

at all adminisffative units or offices.

(2) The Internal Committee shall consist ofthe follorving members to be nomina:e;b-'

the employer, namely:-

(a) a Presiding Officerwho shall be a woman emplol'ed at a senior lerel al

workplace fiorn amongst the employees:

Provided that in case a senior level woman employee is not availabl:. lhe

Presiding O{ficer shall tre nominated from other offices or administrative unirs oiine

workplace referred to in sub-section (1):

Provided further that in case the other offices or administrative units of ihe 30

rvorkplace do not have a senior level woman employee, the Presiding Officer shallbe

nominated flom any other workplace of the same employer or other department or

organisation:

(&) nct less than two Members from amongst employees preferably commined

to the cause of women or who have had experience in social work or have legal 35

knowledge;


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(c) ole member from amongst non-governmental organisations or associations

comrnitied to the cause of women or a person famiiiar with the issues relat jr.s toserual

harassment:

Provided that at least one-half ofthe total Members so nominated shail be \\'omen.

(-3) The Presiding Officer and every Member ofthe Internal Coinmiftee sha1l holdoft-rce

for such period, not exceeding tkee years, from the date of their nomination as maybe

specified b1 the cmployer.

(4) The Member appointed lrom among the non-governmental organisations or

associations shall be paid such fees or allowances for holding the proceedings oftheInternal

Committee, by the employer, as may be prescribed.

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Sexual Harassment of Women at Their Work Place