POSH PPT - D1.pptx

POSH ACT-PREVENTION OF SEXUAL HARASSMENT ACT 2013
(Prevention ,Prohibition & Redressal)
RIGHT2RISE - DR. RAINA KHATRI TANDON welcomes you

Objective of the Session
End of the session you will be able to
 Explain what is Sexual harassment at workplace
 Define Causes and impact of Sexual harassment.
 Identify Types of Sexual Harassment
 Recognize some common forms of Sexual harassment at workplace
 Explain prevention & Act against Sexual harassment.

Sexual Harassment of Women at Workplace-
(PREVENTION, PROHIBITION &
REDRESSAL)- ACT, 2013 (POSH LAW)

• It’s a Special Law;
• It’s a Civil Law;
• it applies to all business establishments irrespective of number
of employees;
• ‘Sexual Harassment’ relies upon the ‘feelings’(Un-welcome) of the
complainant;
• Applies only if the sexual harassment is against women;
• Applies only to the sexual harassment at Workplace;
• Both IPC & Action under POSH Act can go together;
• It can be settled with the express consent of victim;
Salient Features of POSH Law

It can make our work
places
‘Gender Neutral’

GENDER
SENSITIVITY
GENDER
SENSITISATION
GENDER
EQUALITY

Gender sensitisation is the process in which people of all
genders are taught to respect everyone irrespective of gender,
while acknowledging the differences.

 Gender Sensitivity is one basic requirement
for the normal development of an individual.
 To build a strong society, Men & women both
have to complement each other.
Introduction

 The Constitution of India
provides for Equal
treatment for Female &
Male in every sphere of
the life.
Equality – The Fundamental Right

Society
Neighbors
Education
Family

1983
The Criminal Law
Amendment Act, 1983,
was enacted in the
aftermath of the Mathura
Rape Case;
2013
The Sexual Harassment of
Women at Workplace Act,
2013, was the outcome of
the Vishakha Case.
2013
The Criminal Law
Amendment Act, 2013, was
a ramification of the
Nirbhaya Case.
Three Unfortunate Women - Three landmark
legislations

 In 1992, Bhanwari Devi, female social worker from
Rajasthan was gang raped in village
 Public Interest Litigation (PIL) was filed by Vishaka (an
NGO) and other women groups against the State of
Rajasthan and Union of India before the Supreme
Court of India. (AIR 1997 SC 3011)
Back Ground of the Law

Sexual Harassment results in the violation of
Fundamental Right-
To gender equality.
The Right to life and liberty.
Prohibition of discrimination on the grounds of
religion, race, caste, creed and sex.
Result

 The Act was passed by the Lok Sabha on 3rd September,
2012.
 It was passed by the Rajya Sabha on February 26, 2013.
 The Bill got the assent of the President on 22nd April, 2013.
 Published in Gazette on 23rd April, 2013.
 The Act came into force from 9th December 2013.
The Act

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

• Protection against Sexual Harassment
of woman at their place of work
• For the prevention & redressal of the
complaints of sexual harassment, and:
• For matters connected there with or
incidental thereto
Act to provide

The Law applies to Whole of INDIA.
Applies to all establishments irrespective of :
• Number of employees
• Gender of Employees
• Industry
• Place of Operation;
• Legal status of the establishment.
Applicability

Aggrieved Woman
 In relation to a work place, a woman, of any age
whether employed or not, who alleges to have been
subjected to any act of sexual harassment by the
respondent;
 In relation to a dwelling place or house, a woman
of any age who is employed in such a dwelling
place or house.
Definitions

Aggrieved Woman
Working
Domestic
Worker
Regular,
Temporary,
Adhoc
With wages,
voluntarily Contractual, Trainee,
Apprentice etc.
Direct/
Through agent
Visiting a
Place
Student

 Any Govt., semi-govt. PSUs, Corporations, institute;
 Any private sector organization, Foreign company
having office in India;
 Hospitals or nursing homes;
 Any sport institute/ complex or stadium;
 Any place visited by employee arising out of / during
employment;
 A dwelling place or house.
Work Place

WORK PLACE
Any place where
the women is out
for work;
Or otherwise but
with a person she
is having a working
relation;
The workplace is not
restricted to the four
walls of office.

Sexual harassment includes such unwelcome sexually determined
behavior (Whether directly or by implication) as :
 Physical contact and advance
 A demand or request for sexual favors
 Sexually colored remarks;
 Showing pornography;
 Any other unwelcome physical, verbal or non - verbal conduct of
sexual nature
Sexual Harassment ACT 2.2N :Definition

Welcome Unwelcome
Feels Good Feels Bad
Reciprocal One sided
In control Feels Powerless
Wanted Un Wanted
Appreciative Demeaning
Happy Causes anger/sadness
Legal Illegal

SEXUAL
HARASSMENT
Any action, gesture, word,
look etc. with sexual flavour
amounts to sexual
harassment.
Such action makes the
female uncomfortable.
The feeling of
complainant is
important.
The Impact is important
not the intention.

• Harassment on Race, Sex, Religion, cast.
• Harassment on age.
• Disability.
• Defame to damage the reputation or image.
• Criminal History.
• Harassment due to different Political Beliefs.
• Sexual Orientation and Marital Status.
• Discrimination among equal.
• Bullying by the supervisor/Manager.
Harassment: other than Sexual

Sexual Harassment
Quid Pro Quo-
Something in
Return
Hostile work
Environment
Forms of Workplace Sexual
Harassment

Quid Pro Quo (literally ‘Something in return’)
 Implied or explicit promise of preferential/detrimental
treatment in employment, or
 Threat about her present or future employment status.
Forms of Workplace Sexual Harassment Cont..

Hostile Work Environment
 Creating a hostile, intimidating or an offensive work
environment.
 Humiliating treatment likely to affect her health or
safety
Forms of Workplace Sexual Harassment Cont..

ICC COMMITTEE
1.Chairperson/ Presiding Officer – Shall be women employed at the senior
level at the workplace amongst the employees.
2.Two Members –Shall be amongst the employees preferably committed to
the cause of women/ experience in social work/ have legal knowledge.
3.External Member – External members could be, doctors, Advocate or
4.Among NGOs working against the cause of women. We also provide
empanelment of external members. 5+ years in woman issues and laws
known

CASE STUDY- 1
• A is a daily wage worker at construction site, having small child of 10
months with her. During the working at the site, some time she takes
a break and breast feed her child in a corner.
• B, another worker at the same site always roam around her during
the time she is feeding a child, he looks at her with cunning smile,
which makes her uncomfortable.
• Looking at his behaviour, the other workers at the site started
commenting/ bullying/ whistling on her any time she passes near
them.

CASE STUDY- 2
• A big multinational company headed by a strong & dominating
female CEO. She was attracted towards a young talented male
employee of the company, certainly working under her.
• She called him in her chamber and asked for sexual favours, in
turn offered him promotion with huge jump in salary package.
He refused and filed a complaint against her.

 Number of members in IC be kept as ODD number – To have majority
decision.
 There should always be a backup IC team – To replace the members in
case of requirement.
 IC may try or attempt to arrange counselling for both the parties depending
upon the situation/ circumstances.
Suggestions for IC

 An Aggrieved Woman may
make a complaint of sexual
harassment, in writing, either to
Internal Committee or Local
Committee, as applicable.
 Complaint be made within a
period of three months of the
incident.
Complaints

ONLINE COMPLAINT
http://www.shebox.nic.in

 Physical incapacity;
 Mental incapacity;
 Death of Complainant;
 Due to any other reason.
 The complaint can be filed by relative, friend, any
person having knowledge of the incident .
Incapacity of Woman

Description
of the
incident
Date
Working
relation
Name
Time
Contents of Complaint

Option to settle through conciliation;
May ask for interim measures;
May ask for assistance for filing Police complaint;
Deserve apathetic hearing;
Right to appeal;
Rights of the Complainant

During the course of inquiry, the complainant may request for:
 Her transfer or respondent’s transfer;
 Leave up to 3 months;
 Restraining respondent to supervise her work or writing her
appraisal.
 Committee may recommend any/all of the above measures to
management to prevent on going harassment
Interim Measures

 A patient, non bias hearing;
 May refuse for settlement;
 Right to Appeal.
Rights of Respondent

 Meeting with proper quorum – minimum 3 members;
 To provide patient non bias hearing to both the parties;
 Be aware of all provisions of law, rules, service rules etc.
 Inform the complainant about option of settlement;
 On the basis of option to proceed;
 Inform her about interim measures;
 Must adhere to time-line.
Responsibilities of Committee

QUIZ- AGREE/DISAGREE
 Respondent will always be agitated.
 All IC members should be on same wave-length.
 Management will not co-operate with IC.
 The external member necessarily should be a female lawyer.
 The respondent should be placed under suspension immediately after
receipt of complaint.
 All IC members should be present in all meetings.

 HR of the company has an active role in IC proceedings.
 The external member should always be in favour of
complainant.
 IC cannot call for any confidential record/files of the
company during proceedings.
QUIZ- Agree/Disagree cont..

 The committee after receipt of complaint must check about:
 Limitation;
 Whether it’s sexual harassment or not;
 Whether it’s work-place harassment or not;
 Any additional information required?
Redressal – 1st Meeting (IC)

 Meeting with Complaint:
 To make her comfortable;
 Inform her about legal aspects ;
 Inform her about the option of conciliation;
 Inform her about interim measures;
 Proceed according to the option chosen by complainant
2nd Meeting

CONCILIATION INQUIRY
Option with Complainant

If settled, the settlement to be
recorded in writing, signed by both
the parties and ICC members;
The signed copy of the settlement
be forwarded to employer and
both the parties.
In case of settlement, no further
inquiry shall be conducted by the
committee .
3rd Meeting - Conciliation

If respondent refuses for conciliation;
If conciliation fails;
If either of parties fail to complies with terms of
settlement; or
Harassment is so grave that it deserves to be handled
through inquiry.
When an Inquiry?

 Inquiry to be conducted by the committee in terms of service rules/ applicable
laws.
 The inquiry must be completed with in a period of 90 days.
 During inquiry, the aggrieved woman may ask for , for interim measures
 To respond to the Complainant about receipt of complaint by committee –
within 7 days
 To respond to the Committee on complaint by respondent – within 10 days
thereafter
 To compile the list of all documents received;
 Proceed with inquiry.
Inquiry

 Meeting with both Complainant & Respondent;
 Recommendations for Interim measures, if any;
 Respondent to plead guilty or innocent;
 Statements of both the parties;
 Cross- examination of parties;
 Witness examination and cross – examination;
 Written arguments may be asked from both the parties.
4th Meeting - Inquiry

 After the completion of all statements, witness examination etc.,
the Committee has to prepare an Interim Report;
 Report must be with clear findings;
 Copy of the report to be given to both the parties with an opportunity, to
submit their statement/ defence to the report;
 If any of the party submits any statement/ defence to the report, the same to
be considered by the committee;
 After all considerations, the final Inquiry Report to be prepared with
conclusive findings.
Interim Inquiry Report

1. Title of the case – A v/s B
2. Members of the Internal Committee – Names & Designations
3. Complaint – Gist of the complaint
4. Response of the respondent
5. Issues to be considered –
Whether incident took place?
Does it falls with in the ambit of POSH Law?
If Yes, the gravity of the offence?
Inquiry Report - Contents

6. Process of the inquiry – Conciliation or Inquiry with specific written consent of
the complainant.
7. If Inquiry – Mention about the interim measures, if any.
8. The documents, evidences and witness statements to be explained.
9. Findings – Should be specific –
a. Whether sexual harassment happened or not?
b. Whether it was within the provisions of the POSH Law?
c. Whether it was proved or not? If yes, on the basis of what?
10. Recommendations
Inquiry Report – Contents Cont..

 After the inquiry if allegations are found to be proved, the report is
submitted to employer (within 10 days from the completion of the
inquiry) with recommendations:
 To take action under service rules for misconduct against the
respondent;
 To deduct a sum to be paid to the aggrieved woman from the
salary of the respondent.
Inquiry Report

 Amount to be paid to aggrieved woman depends on:
• The mental pain & suffering
• Loss of career opportunity
• Medical expenses
• Income & financial status of the respondent.
• Amount to be paid either lump sum or installments.
Compensation

 Action by the management/ District Collector – within 60 days.
 Management may or may not accept all recommendations made by
IC or LC.
 Management may change the punishment recommendations given
by IC or LC with reasons.
Action by management

An appeal may be filed by the person, not satisfied
by the recommendations of the committee, before
appropriate court in terms of service rules.
The appeal may be filed within a period of 90 days
from the date of recommendations.
Appeal

If the complaint is found false/ malicious or false
documents are filed, the Committee may
recommend for action against the said woman
complainant or her witness, in terms of applicable
service rules.
Punishment for Woman

S. No Action Time schedule
1. Complaint by complainant Within three (3) months from the date of
incident
2. Notice to the named perpetrator- Male
Employee (Respondent) by ICC
within seven (7) days from the date of receipt
of the complaint
3. Respondent to file his reply within ten (10) days from the date of receipt
of the notice from ICC
4. Inquiry proceedings by ICC To be completed within ninety (90) days
5. Submission of Inquiry Report by ICC to
management
Within ten (10) days from completion of
inquiry
6. Management to take action on inquiry
report
Within sixty (60) days from submission of
inquiry report
7. Appeal by either party Within ninety (90) days from the date of
submission of inquiry report
(recommendations)
8. In a proven case , watch to be kept that she is
not subject to vendetta
5 years from the date of final decision

Procedure to handle
the Complaint at a
glance

POSH PPT - D1.pptx

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POSH PPT - D1.pptx