Cheat Sheet: Sexual Harassment at Workplace

1. Legislative Framework

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

1.2 Constitutional and International Basis

• Article 14 (Right to Equality), Article 15 (Prohibition of Discrimination), Article 19(1)(g) (Right to Practice Profession), Article 21 (Right to Life with Dignity)
• Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) ratified by India in 1993
• Beijing Declaration and Platform for Action, 1995

2. Definitions under the Act

2.1 Sexual Harassment (Section 2(n))

2.2 Aggrieved Woman (Section 2(a))

• Woman of any age who alleges to have been subjected to sexual harassment
• Includes employees (regular, temporary, ad hoc, daily wage), visiting women, domestic workers

2.3 Workplace (Section 2(o))

• Any organized or unorganized sector (public or private)
• Government departments, organizations, undertakings, enterprises, institutions, offices, branches, units
• Sports institutions, stadiums, sports complexes, hospitals, nursing homes
• Educational institutions, dwelling places, houses, and any place visited by employee during employment including transportation

2.4 Employee (Section 2(f))

• Regular, temporary, ad hoc, daily wage employees (paid or unpaid)
• Co-workers, contract workers, probationers, trainees, apprentices
• Working on voluntary basis or otherwise

2.5 Respondent (Section 2(m))

• Person against whom complaint has been made by aggrieved woman
• Can be employer, colleague, client, customer, visitor

3. Internal Complaints Committee (ICC)

3.1 Constitution (Section 4)

3.2 Functions and Powers of ICC (Sections 11-13)

• Receive complaints in writing from aggrieved woman
• Conduct inquiry in prescribed manner
• Submit inquiry report to employer within 90 days
• Recommend action and compensation to employer
• Forward complaint to police if prima facie case of offence is made out
• Powers of civil court for summoning, examining witnesses, requiring documents

4. Local Complaints Committee (LCC)

4.1 Constitution (Section 5-6)

4.2 Functions of LCC

• Receive complaints from aggrieved women in unorganized sector or establishments with less than 10 employees
• Complete inquiry within 90 days
• Submit inquiry report and recommendations to District Officer
• Forward copies to employer or District Officer for taking action

5. Complaint and Inquiry Procedure

5.1 Filing of Complaint (Section 9)

5.2 Conciliation (Section 10)

• Committee may take steps to settle matter between complainant and respondent through conciliation before inquiry
• No monetary settlement as basis of conciliation
• Settlement recorded and copy provided to parties
• No further inquiry if settlement arrived at

5.3 Inquiry Process (Section 11)

5.4 Interim Relief (Section 12)

• Committee may recommend transfer of aggrieved woman or respondent to alternate workplace
• Grant leave to aggrieved woman up to 3 months (in addition to regular leave)
• Restrain respondent from reporting on work performance or writing confidential report
• Other relief as may be prescribed

6. Inquiry Report and Action

6.1 If Sexual Harassment Proved (Section 13)

6.2 If Complaint Not Proved (Section 14)

• No action against respondent
• No monetary penalty on complainant for mere inability to substantiate complaint

6.3 False or Malicious Complaint (Section 14)

• If Committee concludes complaint malicious or false or complainant produced forged/misleading documents, Committee may recommend action against complainant
• Action as per service rules or as deemed fit
• Mere inability to prove complaint shall not amount to false/malicious complaint

7. Appeal (Section 18)

8. Duties of Employer (Section 19)

8.1 Preventive Measures

• Provide safe working environment
• Display penal consequences of sexual harassment at conspicuous place in workplace
• Organize workshops and awareness programmes at regular intervals for sensitizing employees
• Provide necessary facilities to ICC or LCC for dealing with complaint
• Assist in securing attendance of respondent and witnesses, make available documents
• Cause to initiate action under IPC or other law
• Treat sexual harassment as misconduct under service rules
• Monitor timely submission of reports by ICC

8.2 Annual Report (Section 21)

• Employer to include number of cases filed and disposed of in annual report
• District Officer to prepare consolidated annual report and submit to State Government

9. Penalties and Enforcement

9.1 Penalty for Non-Constitution of ICC (Section 26)

9.2 Penalty for Non-Compliance with Provisions (Section 26)

• Contravention of Sections 4, 5, 6, 8(1), 8(5), 13, 14, 15, 17, 18, 19: Penalty as above
• Repeated violations may lead to higher penalties, cancellation of business license

9.3 Penalty for False or Malicious Complaint (Section 14)

• Action as per service rules against complainant making false complaint
• Fine or other disciplinary action as prescribed

9.4 Penalty for Publication of Identity (Section 16)

• Disclosure of aggrieved woman's identity, address, or particulars leading to identity prohibited
• No printing or publication in media, during inquiry or thereafter
• Offence punishable with fine of Rs. 5,000 for first conviction; Rs. 10,000 and imprisonment up to 6 months for subsequent conviction

10. Confidentiality and Protection

10.1 Confidentiality Requirements (Section 16)

• Contents of complaint, identity and addresses of aggrieved woman, respondent, witnesses to be kept confidential
• Information shall not be published or made known to public or media
• Exception: information may be disseminated for reasons recorded in writing

10.2 Protection for Complainant and Witnesses (Section 15)

• No victimization of aggrieved woman or witnesses
• No adverse action due to filing complaint or providing evidence
• Victimization includes discharge, dismissal, change in terms/conditions, hostile work environment, refusal to grant leave
• Employer liable to pay compensation if victimization established

11. Vishaka Guidelines (1997)

11.1 Vishaka v. State of Rajasthan (1997) 6 SCC 241

11.2 Key Guidelines Laid Down

• Definition of sexual harassment including physical contact, unwelcome sexually determined behaviour, demand for sexual favours
• Preventive steps: express prohibition, awareness programmes, disciplinary action
• Complaints mechanism: complaints committee with woman chairperson, majority women members, third-party member
• Complaint procedure within reasonable time, opportunity to complainant and respondent, inquiry to be completed within 3 months
• Disciplinary action for proved complaints and false/malicious complaints
• Third-party harassment recognition: harassment by clients, customers, visitors

12. Related IPC Provisions

12.1 Applicable Criminal Law Provisions

12.2 Relationship with 2013 Act

• 2013 Act provides civil remedy through ICC/LCC; IPC provisions provide criminal remedy
• If complaint makes out prima facie case of offence, ICC/LCC to forward complaint to police
• Both civil and criminal proceedings can run parallelly
• Initiation of criminal proceedings does not bar ICC/LCC inquiry

13. Important Case Laws

13.1 Landmark Judgments

13.2 Post-2013 Act Jurisprudence

• Courts have strictly enforced mandatory constitution of ICC by employers with 10 or more employees
• Non-constitution of ICC treated as serious violation attracting penalties
• Protection extended to all women at workplace regardless of employment status
• Single act of sexual harassment sufficient if falls within definition of Act
• Balance between protecting complainant and ensuring fairness to respondent emphasized

14. Key Distinctions and Concepts

14.1 ICC vs. LCC

14.2 Sexual Harassment vs. Other Forms

• Sexual harassment: broader concept including verbal, non-verbal, physical conduct of sexual nature
• Section 354 IPC: assault/criminal force with intent to outrage modesty (physical act)
• Section 509 IPC: words/gestures to insult modesty (verbal/non-verbal act)
• 2013 Act provides comprehensive definition and institutional mechanism

14.3 Aggrieved Woman vs. Employee

• Aggrieved woman: broader term, includes employees, visitors, domestic workers, contract workers
• Employee: person employed on regular, temporary, ad hoc, daily wage basis
• Protection extends to all women at workplace irrespective of employment relationship

15. Practical Compliance Requirements

15.1 Employer's Checklist

• Constitute ICC with proper composition (4 members, woman presiding officer, external NGO member, 50% women)
• Display notice at conspicuous place with names of ICC members and contact details
• Organize awareness programmes every 6 months or annually
• Include penal consequences in service rules
• Maintain confidentiality of complaints and proceedings
• Provide facilities to ICC for conducting inquiry
• Act on ICC recommendations within 60 days
• Include ICC report in annual report
• File annual return with District Officer

15.2 ICC/LCC Inquiry Timeline