Pre-1997 the person facing sexual harassment at workplace had to lodge a complaint
under Section 354 of the Indian Penal Code 1860 that deals with the 'criminal assault ofwomen to outrage women's modesty', and Section 509 that punishes anindividual/individuals for using a 'word, gesture or act intended to insult the modesty of awoman.[1]During the 1990s, Rajasthan state government employee Bhanwari Devi who tried toprevent child marriage as part of her duties as a worker of the Women Development
Programme was raped by the landlords of the community. The feudal patriarchs whowere enraged by her (in their words: "a lowly woman from a poor and potter community")'guts' decided to teach her a lesson and raped her repeatedly.[2] The rape survivor did
not get justice from Rajasthan High Court and the rapists were allowed to go free. This
enraged a women's rights group called Vishaka that filed a public interest litigation in theSupreme Court of India.[1]This case brought to the attention of the Supreme Court of India, "the absence ofdomestic law occupying the field, to formulate effective measures to check the evil ofsexual harassment of working women at all work places."
In 1997, the Supreme Court passed a landmark judgment in the same Vishaka caselaying down guidelines to be followed by establishments in dealing with complaints about
sexual harassment.Vishaka Guidelines were stipulated by the Supreme Court of India,
in Vishakha and others v State of Rajasthan case in 1997, regarding sexual harassment
at workplace. The court stated that these guidelines were to be implemented until
legislation is passed to deal with the issue.[3]The court decided that the consideration of "International Conventions and norms are
significant for the purpose of interpretation of the guarantee of gender equality, right towork with human dignity in Articles 14, 15 19(1)(g) and 21 of the Constitution and thesafeguards against sexual harassment implicit therein."Vishaka Guidelines
againstSexual Harassment at Workplace
Guidelines and norms laid down by the Hon’ble Supreme Court in
Vishaka and Others Vs. State of Rajasthan and Others(JT 1997 (7)SC 384)

HAVING REGARD to the definition of ‘human rights’ in Section 2 (d) of theProtection of Human Rights Act, 1993,
TAKING NOTE of the fact that the present civil and penal laws in India do
not adequately provide for specific protection of women from sexual
harassment in work places and that enactment of such legislation will takeconsiderable time,
It is necessary and expedient for employers in work places as well as other
responsible persons or institutions to observe certain guidelines to ensure theprevention of sexual harassment of women.
Duty of the Employer or other responsible persons in work places
and other institutions
It shall be the duty of the employer or other responsible persons in work
places or other institutions to prevent or deter the commission of acts ofsexual harassment and to provide the procedures for the resolution,
settlement or prosecution of acts, of sexual harassment by taking all steps
required.
Definition
For this purpose, sexual harassment includes such unwelcome sexually
determined behaviour (whether directly or by implication) as:a) Physical contact and advances;b) A demand or request for sexual favours;c) Sexually coloured remarks;d) Showing pornography;e) Any other unwelcome physical, verbal or non-verbal conduct ofsexual nature

Where any of these acts is committed in circumstances where-underthevictim of such conduct has a reasonable apprehension that in relation to thevictim’s employment or work whether she is drawing salary, or honorarium or
voluntary, whether in government, public or private enterprise such conduct
can be humiliating and may constitute a health and safety problem. It is
discriminatory for instance when the woman has reasonable grounds tobelieve that her objection would disadvantage her in connection with her
employment or work including recruiting or promotion or when it creates ahostile work environment. Adverse consequences might be visited if the victim
does not consent to the conduct in question or raises any objection thereto.
Preventive StepsAll employers or persons in charge of work place whether in public or private
sector should take appropriate steps to prevent sexual harassment. Without
prejudice to the generality of this obligation they should take the following
steps:
A. Express prohibition of sexual harassment as defined above at
the work place should be notified, published and circulated
in appropriate ways.
B. The Rules/Regulations of Government and Public Sector
bodies relating to conduct and discipline should include
rules/regulations prohibiting sexual harassment and provide
for appropriate penalties in such rules against the offender.
C. As regards private employers, steps should be taken

toinclude the aforesaid prohibitions in the standing orders
under the Industrial Employment (Standing Orders) Act,1946.
D. Appropriate work conditions should be provided in respectof work, leisure, health and hygiene to further ensure that
there is no hostile environment towards women at work
places and no employee woman should have reasonablegrounds to believe that she is disadvantaged inwith her employment.

connection

Criminal Proceedings
Where such conduct amounts to a specific offence under the Indian Penal
Code or under any other law, the employer shall initiate appropriate action inaccordance with law by making a complaint with the appropriate authority.
In particular, it should ensure that victims or witnesses are not victimized ordiscriminated against while dealing with complaints of sexual harassment.
The victims of sexual harassment should have the option to seek transfer ofthe perpetrator or their own transfer.
Disciplinary Action
Where such conduct amounts to misconduct in employment as defined by therelevant service rules, appropriate disciplinary action should be initiated by
the employer in accordance with those rules.
Complaint Mechanism
Whether or not such conduct constitutes an offence under law or a breach of
the service rules, an appropriate complaint mechanism should be created in
the employer’s organisation for redress of the complaint made by the victim.
Such complaint mechanism should ensure time bound treatment ofcomplaints.
Complaints Committee
The complaint mechanism, referred to above, should be adequate to provide,
where necessary, a Complaints Committee, a special counsellor or othersupport service, including the maintenance of confidentiality.
The Complaints Committee should be headed by a woman and not less thanhalf of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with theissue of sexual harassment.
The Complaints Committee must make an annual report to the Government
department concerned of the complaints and action taken by them.

The employers and person in charge will also report on the compliance withthe aforesaid guidelines including on the reports of the Complaints Committee
to the Government department.
Worker’s Initiative
Employees should be allowed to raise issues of sexual harassment at aworkers’ meeting and in other appropriate forum and it should beaffirmatively discussed in Employer-Employee Meetings.
Awareness
Awareness of the rights of female employees in this regard should be createdin particular by prominently notifying the guidelines (and appropriate
legislation when enacted on the subject) in a suitable manner.
Third Party Harassment
Where sexual harassment occurs as a result of an act or omission by any third
party or outsider, the employer and person in charge will take all steps
necessary and reasonable to assist the affected person in terms of support andpreventive action.
The Central/State Governments are requestedtoconsider
adopting suitable measures including legislation to ensure that theguidelines laid down by this order are also observed by theemployers in Private Sector.
These guidelines will not prejudice any rights available under theProtection of Human Rights Act, 1993.

What is sexual harassment
Sexual harassment includes such unwelcome sexually determined behavior (whether
directly or by implication) as:a) physical contact and advances; b) a demand or request for sexual favors; c) sexuallycolored remarks; d) showing pornography; e) any other unwelcome physical verbal ornon-verbal conduct of sexual nature.
Where any of these acts is committed in circumstances where the victim has areasonable apprehension that in relation to the victim’s employment or work whether she
is drawing salary, or honorarium or voluntary, whether in government, public or private
enterprise such conduct can be humiliating and may constitute a health and safetyproblem.
It is discriminatory for instance when the woman has reasonable grounds to believe that
her objection would disadvantage her in connection with her employment or work
including recruiting or promotion or when it creates a hostile work environment.
Adverse consequences might be visited if the victim does not consent to the conduct inquestion or raises any objection thereto.
Thus, sexual harassment need not involve physical contact. Any act that creates ahostile work environment - be it by virtue of cracking lewd jokes, verbal abuse,
circulating lewd rumours etc. counts as sexual harassment.[4]The creation of a hostile work environment through unwelcome physical verbal or nonverbal conduct of sexual nature may consist not of a single act but of a pattern ofbehavior comprising many such acts.
Thus, it is important that the victim report such behavior as soon as possible and not
wait for it to become worse. In some cases, the psychological stigma of reporting theconduct of a co-worker might require a great deal of courage on the part of the victim
and they may report such acts after a long period of time. The guidelines suggest thatthe complaint mechanism should ensure time bound treatment of complaints, but they
do not suggest that a report can only be made within a short period of time since
the incident occurred.What is Harashment?
Often, the police refuse to lodge FIRs for sexual harassment cases, especially where theharassment occurred sometime ago.[5]Employer's obligations
Internal Complaints Committee and Local Complaints Committee: The SexualHarassment Act requires an employer to set up an 'Internal Complaints Committee'("ICC") at each office or branch, of an organization employing at least 10 employees.
The government is in turn required to set up a 'Local Complaints Committees' ("LCC") atthe district level to investigate complaints regarding sexual harassment fromestablishments where the ICC has not been constituted on account of the establishment
having less than 10 employees or if the complaint is against the employer.
The Sexual Harassment Act, 2013 also sets out the constitution of the committees,
process to be followed for making a complaint and inquiring into the complaint in a timebound manner.
Interim Reliefs : The Sexual Harassment Act empowers the ICC and the LCC torecommend to the employer, at the request of the aggrieved employee, interim
measures such as (i) transfer of the aggrieved woman or the respondent to any otherworkplace; or (ii) granting leave to the aggrieved woman up to a period of 3 months inaddition to her regular statutory/ contractual leave entitlement.
In addition to ensuring compliance with the other provisions stipulated, the SexualHarassment Act casts certain obligations upon the employer to, inter-alia,







provide a safe working environment
display conspicuously at the workplace, the penal consequences of indulging inacts that may constitute sexual harassment and the composition of the Internal
Complaints Committeeorganise workshops and awareness programmes at regular intervals forsensitizing employees on the issues and implications of workplace sexualharassment and organizing orientation programmes for members of the Internal
Complaints Committee
treat sexual harassment as a misconduct under the service rules and initiate
action for misconduct.
The employer is also required to monitor the timely submission of reports by theICC.

If an employer fails to constitute an Internal Complaints Committee or does not comply
with any provisions contained therein, the Sexual Harassment Act prescribes a monetary
penalty of up to INR 50,000 (approx. US$1,000). A repetition of the same offence could
result in the punishment being doubled and / or de-registration of the entity or revocationof any statutory business licenses.[6]Complaints mechanism
All women who draw a regular salary, receive an honorarium, or work in a voluntary
capacity in the government, private sector or un-organised sector come under thepurview of these guidelines.
All workplaces should have an appropriate complaints mechanism with acomplaints committee, special counsellor or other support services.
A woman must head the complaints committee and no less than half its membersshould be women.
The committee should include an NGO/individual familiar with the issue of sexual
harassment.
The complaints procedure must be time-bound.
Confidentiality must be maintained.

Complainants/witnesses
during the process.

shouldnot

experience

victimization/discrimination

Preventive stepsSexual harassment should be affirmatively discussed at workers' meetings,
employer-employee meetings, etc.
Guidelines should be prominently displayed to create awareness about the rights
of female employees.
The employer should assist persons affected in cases of sexual harassment byoutsiders.
Central and state governments must adopt measures, including legislation, toensure that private employers also observe the guidelines.
Names and contact numbers of members of the complaints committee must be
prominently displayed.

From Guidelines to Act
The Sexual harassment at workplace Bill was passed by the Lok Sabha on the 2nd ofSeptember, 2012.It is now The Sexual Harassment of Women at Workplace (Prevention,Prohibition and Redressal) Act, 2013. It defines sexual harassment as laid down by theSupreme Court in Vishakha and others v State of Rajasthan (1997) case.[7]Recommendations
National Commission for Women has asked the government to ensure constitution ofInternal Complaints Committee (ICC) in accordance with Supreme Court guidelines in its
departments, institutions and autonomous bodies to address such cases.It has also
recommended conducting gender sensitisation workshops for top level management
officials.
NCW recommended publicizing committee using posters,etc. and explicitly mention thecontact details of the members. The commission also highlighted the need for orientation
programs for employees to sensitize them on sexual harassment. Anotherrecommendation was to enhance communication strategies to combat violation against
women.[8]The rules for the Sexual Harassment of Women at Workplace (Prevention, Prohibitionand Redressal) Act, 2013 have come into force on 9th Dec,13'.
http://www.lawyerscollective.org/wp-content/uploads/2013/12/Sexual-Harassment-atWorkplace-Rules.pdf

See also

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