EXISTING LAWS:

• The Constitution of India
• The Indian Penal Code, 1860
• 1997: Vishaka vs. State of Rajasthan
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ( with effect from December 9 2013)
• SEBI (Securities and Exchange Board of India) vide circular dated 13th August 2012: According to the circular, details about “any case filed by any stakeholder against the company regarding Sexual harassment, unfair trade practices, irresponsible advertising and/or anti-competitive behaviour during the last five years and pending as on the end of financial year” should be disclosed.
• Maharashtra Shops and establishment Act vide circular dated 11th July 2013.Annual Return regarding Sexual harassment with action and compliance.
• 1997: The Vishaka Judgment
• The Constitution of India : 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
• Indian Penal Code: Section 509 : Word, gesture or act intended to insult the modesty of a woman

Offence: Utterance of any word, making any sound or gesture, exhibiting any object With an intention to intrude upon the privacy of such woman.

Punishment: Simple imprisonment up to 3 years + fine

Nature of offence: Cognizable

• Section 354A: Sexual harassment and punishment for sexual harassment

Offence: Physical contact and advances involving unwelcome and explicit sexual overtures; ora demand or request for sexual favours; or showing pornography against the will of a woman; or making sexually coloured remarks

Punishment: Commission of an offence under (i), (ii) or (iii) punishable with rigorous imprisonment for a term of up to 3 years and/or fine; commission of offence under (iv) punishable with imprisonment for a term up to one year and/or fine

Nature of offence: Cognizable

• 1997: Vishaka vs. State of Rajasthan

• The Supreme Court of India acknowledged that sexual harassment is a human rights violation and sexual harassment is a violation of the constitutionally guaranteed fundamental rights under Article 14,15,21 and 19 (1) (g). It further observed that there is a need for guidelines to fill the legislative vacuum. Further, SC directed that Employer’s duty to: Prevent and Prohibit acts of sexual harassment; Redress and Resolve grievances pertaining to sexual harassment; TheGuidelines: Law, until such time a legislative framework on the subject is enacted.

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Notified on April 22, 2013

Effective date: December 9, 2013

• COVERAGE

• The Act prohibits sexual harassment of women at any workplace and also other acts which if coupled with any act or behaviour of sexual harassment, would amount to sexual harassment. Such acts include an implied or explicit promise or threat to a woman’s employment prospects or creation of a hostile work environment or humiliating treatment, which can affect her health or safety.
• EMPLOYEE: Regular, temporary, ad hoc employees; Directly / through an agent / contractor ;With or without remuneration / voluntary; Express / implied terms of employment;Probationer / apprentice / trainee / contract worker
• AGGRIEVED: Woman ;Any age ;Employed / otherwise Alleges to have been sexually harassed
• Employer: Management; Person discharging contractual obligations with respect to the employees; Person / board /committee responsible for formulation of policies; Supervision; Control
• Workplace: Government owned or controlled establishments; Hospitals / Nursing homes; Vocational / Educational Institutions; Dwelling place in case of a domestic worker; Sports institutes, stadiums, training institutions; Private sector organizations; Society, trust, NGO; Any place visited by the employee: — arising out of; — or during course of; employment, including transportation provided by employer.
• Sexual Harassment: A demand or request for sexualfavors; Physical contact and advances; Unwelcome physical, verbal or non-verbal conduct of sexual nature; Showing pornography; and Making sexually colored remarks.

• What Constitute Sexual Harassment:

  Implied /explicit promise of preferential treatment in employment; Implied / explicit threat of detrimental treatment in employment; Implied / explicit threat about present or futureemployment status; Interference with work or creating an intimidating / hostile environment; and Humiliating treatment, likely to affect health or safety.

• Compliance:

• It is now mandatory for workplaces employing 10 or more workers to constitute an Internal Complaints Committee (“ICC”). ICC to be appointed by an order in writing.

The ICC is required to have a minimum of 4 members, where at least half the members are required to be women. The ICC must comprise the following members: 1 senior woman employee as the Chairman; 2 members from amongst the employees (who are committed to the cause of women or have experience in social work or have legal knowledge); and 1 third party member from an NGO or associations committed to the cause of women or other person familiar with issues relating to sexual harassment. The members of the ICC can hold office for a period 3 years. ICC to prepare and submit an annual report to the employer and the District Officer

• ICC:

• Presiding Officer – Senior woman employee from the workplace /other admin units / office / organizations. 2 Members – Committed to the cause of women / experience in social work / legal knowledge. One member from an NGO / other women’s organisation / familiar with issues relating to sexual harassment. Local Committe: To be set up in every district. LCC is the grievance redressal body with respect to: organisations having less than 10 employees; organisations that have not set up an ICC

• Grievance Redressal Process: