Sexual harassment is a form of sex discrimination projected through unwelcome sexual advances, request for sexual favours and other verbal or physical conduct with sexual overtones, whether directly or by implication, particularly when submission to or rejection of such a conduct by the female employee is capable of being used for effecting the employment of the female employee and unreasonably interfering with her work performance and has the effect of creating an intimidating or hostile working environment for her.

Sexual harassment includes direct or indirect unwelcome sexually determined behaviour such as physical contact and advances, demand or request for sexual favours, sexually coloured remarks, showing pornography and / or any unwelcome physical, verbal or non-verbal conduct of sexual nature. Sexual Harassment includes any act committed where a victim has apprehension that it may impact her prospects in employment. It also includes superior’s intrusive inquiries into the private lives of employees or cracking a joke about sexual conduct that may humiliate or embarrass another person.

The ILO has identified most common forms of sexual harassment at the workplace as:

• Physical harassment: Kissing, patting, pinching, or touching in a sexual manner
• Verbal harassment: Unwelcome comments about a person’s sex or private life, jokes and insinuations, sexually explicit conversation, suggestive comments about a person’s appearance or body
• Gestural harassment: Sexually suggestive gestures such as nods, winks, gestures with hands, fingers, legs or arms
• Written or Graphic harassment: Sending pornographic pictures through emails, putting up pin ups or addressing unwanted love letters to the employee
• Emotional harassment: Behaviour which isolates, is discriminatory towards, or excludes a person on the grounds of his or her sex

The Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act 2013 defines sexual harassment as unwelcome acts or behaviour (whether directly or by implication), which includes:

• physical contact and advances; or
• a demand or request for sexual favours; or
• sexually coloured remarks; or 
• showing pornography; or
• any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Under this legislation, sexual harassment at workplace takes into its ambit, discriminatory treatment and psychological pressure with intent to harass.  Section 3 of the Act includes the following behaviours under the ambit of sexual harassment:

• implied or explicit promise of preferential treatment in her employment; or
• implied or explicit threat of detrimental treatment in her employment; or
• implied or explicit threat about the present or future employment status; or
• interferes with her work or creates an intimidating or offensive or hostile work environment for her; or
• humiliating treatment likely to affect her health or safety.

The coverage of “workplace” under this Act is very extensive and includes almost all kinds of workplaces. It includes all departments, organisation, undertaking, establishment, enterprise, institution, office, branch or unit owned, controlled or financed by Government or Government company or a corporation or a co-operative society. It also includes all private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities including production, supply, sale, distribution or service; hospitals or nursing homes; sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto.

Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey is also included in the ambit of workplace.

Provisions of this Act not only apply to employees but also to domestic workers therefore a dwelling place or a house where such domestic worker works come under the purview of a workplace.

To the extent the harassment involves an employee of the company or is likely to affect the workplace in general, it should be possible for the employer to initiate disciplinary proceedings in relation to the harassment complaint. Also, certain types of harassment could lead to a criminal offence under the Indian Penal Code. If an employee is sexually harassed while she was on official travel, it shall constitute sexual harassment at the workplace. If such instances take place overseas, in addition to the Indian laws and company policies, the laws of the foreign country also need to be considered.

Like the reach of this legislation, the definitions of Employer under the Act is also very broad. “Employer” under this Act means the head of the department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit. It is the person responsible for the management, supervision and control of the workplace. The term ‘Management’ is defined to include the person or board or committee responsible for formulation and administration of policies for such organisation. The employer is the person discharging contractual obligations with respect to his or her employees.

In relation to a dwelling place or house, an employer is a person or a household who employs or benefits from the employment of domestic worker, irrespective of the number, time period or type of such worker employed, or the nature of the employment or activities performed by the domestic worker.

An employee is a person employed at a workplace for any work on a regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other name. Normally definition of “employee/workman” in other labour legislations has the essential element of reward and master-servant relationship to determine whether to treat any person as an Employee, however, in this legislation, ‘Volunteers’ are included under the definition of “Employee”.

Domestic worker is defined as a woman who is employed to do the household work in any household for remuneration whether in cash or kind, either directly or through any agency on a temporary, permanent, part-time or full-time basis, but does not include any member of the family of the employer.

It is important to note here that the definition of employee includes any person (gender neutral) whereas the domestic worker includes only woman.

The Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act 2013, came into effect for Prevention, Prohibition and Redressal of instances of Sexual Harassment of woman at the workplace. While it prohibits all kinds of sexual harassment of women at the workplace, it provides two redressal mechanisms to deal with such complaints. For workplace/employer other than household, it provides to constituting the “Internal Complaint Committee”, if an employer employs 10 or more workers and stipulates the procedures for investigations. For households or employer employing less than 10 workers or where the complaint is against the employer, the Act provides for an alternative mechanism of “Local Complaint Committee” set up by the Government.

It is important to note that 10 workers do not mean woman workers. There is no minimum number of female employees required to be working in the organisation to have an Internal Complaint Committee.

An aggrieved woman should submit her complaint to the Internal  Committee. Complaints for sexual harassment of woman are to be dealt with as per the provisions of this Act. Harassment of woman need not necessarily be from a man, cases of woman sexually harassed by woman are also covered under this Act. Sexual harassment of man is to be dealt with under the normal disciplinary procedures of the establishment.

It is obligatory for the employers of a workplace (employing 10 or more workers) to constitute an Internal Committee for each workplace. If an employer has offices at many locations, the Internal Committee should be constituted at all administrative units or offices. Internal Committee members are to be nominated by the employer. The Committee should have a Presiding Officer, who should be a woman employed at a senior level at the workplace from amongst the employees. In case a senior-level woman employee is not available at a location, the Presiding Officer can be nominated from other offices of the employer. In case the employer does not have any senior-level woman employee, the Presiding Officer should be nominated from any other workplace of the same employer or another department or organisation.

In addition to the Presiding Officer, the Committee should also have at least two Members from amongst employees preferably committed to the cause of women or who have experience in social work or have legal knowledge.

The Committee should also have one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment i.e. a social worker with at least 5 years of experience in the field of social work which leads to creation of societal condition favourable towards empowerment of women and in particular in addressing workplace sexual harassment.; or a person who is familiar with labour, service, civil or criminal law.

The understanding here is that external person on the committee shall act as a source that brings expertise in the process of the inquiry. This brings process maturity to the Committee and it helps prevent the possibility of undue pressure or influence or bias, if any, from senior levels of the organisation. It reinforces the purpose of the committee viz. prevention, prohibition and redressal of sexual harassment at the workplace.

The tenure of the Members including the Presiding Officer of the committee is for a maximum period of three years from the date of nomination.

It is advisable to issue an appointment letter to the Committee members discharging the role of the Presiding Officer or the Committee member clearly enumerating their responsibilities, dos & don’ts, rights and limitation etc., for them to be effective and clear about their responsibility & obligations.

It is mandatory to have the Internal Committee, to be situated in India and at every work location. However, the law provides for seeking members from other locations in cases suitable members are not available in the location.

Considering the very purpose of the committee and to ensure that complainants have full trust in the committee, it is imperative that members of the committee are well respected and trusted for their conduct. Members including Presiding Officer are disqualified to be a member of the committee and to be removed from the committee if he/she contravenes the provisions of confidentiality as defined under section 16 of the Act; or has been convicted for an offence or an inquiry into an offence under any law is pending against him/her; or he/she has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him/her; or has abused his/her position as to render his/her continuance in office is prejudicial to the public interest.

The vacancy created through removal needs to be filled immediately through fresh nominations by the employer while complying with the qualifying criteria defined under this Act.

The external member of the committee is entitled to an allowance of Rs. 200/- per day for holding the proceedings of the Internal Committee. The member shall also be entitled to reimbursement of expenses incurred on travel for holding the inquiry proceedings.

Like in the case of the organisation, Government may notify a District Magistrate or Additional District Magistrate or the Collector or Deputy Collector as a “District Officer” for every district to exercise powers or discharge functions under this Act. Every District Officer within a district shall constitute a committee to be known as the “Local Complaints Committee” to receive complaints of sexual harassment from establishments where the Internal Complaints Committee has not been constituted due to having less than ten workers or if the complaint is against the employer himself.

The District Officer shall designate one nodal officer in every block, taluka and tehsil in rural or tribal area and ward or municipality in the urban area, to receive complaints and forward the same to the concerned Local Complaints Committee within a period of seven days.

The Local Complaints Committee shall consist of members nominated by the District Officer. The constitution is similar to the Internal Complaint Committee and shall have a “Chairperson” who is an eminent women in the field of social work and committed to the cause of women; one Member from amongst the women working in block, taluka or tehsil or ward or municipality in the district; and two Members, of whom at least one shall be a woman, to be nominated from amongst such non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.

At least one of the committee members should have a background in law or legal knowledge. Also at least one of the nominees shall be a woman belonging to the scheduled castes or the scheduled tribes or the other backward classes or minority community notified by the Central Government, from time to time.

The Internal, as well as Local Committee, have the following powers:

1. To inquire into the complaint of sexual harassment
2. To award an interim relief during the pendency of the inquiry
3. To award compensation to the aggrieved party
4. To award punishment for the party convicted of an offence.
5. The power of the civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following:
6. summoning and enforcing the attendance of any person and examining him on oath;

requiring the discovery and production of documents.

The Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act 2013 prohibits sexual harassment of woman at workplace. Provisions of this Act intend to protect every woman from any act of sexual harassment irrespective of whether such woman is employed or not. Any aggrieved woman can file a complaint against sexual harassment at a workplace. “Aggrieved woman” is defined under the Act as a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent at a workplace. For a domestic worker, house or a dwelling is a workplace.

An aggrieved woman in relation to workplace need not be an employee. She could be a vendor, supplier, customer, interviewee or any visitor to the workplace.

Where the aggrieved woman is unable to make the complaint on account of her physical incapacity, the complaint can be filed to the Complaint Committee by her relative or a friend or her co-worker or an officer of the National Commission for Women or State Women’s Commission or any person who has the knowledge of the incident, with the written consent of the aggrieved woman.

Where the aggrieved woman is unable to make the complaint on account of her mental incapacity, the complaint can be filed by her relative or a friend or a special educator or a qualified psychiatrist or psychologist or the guardian/authority under whose care she is receiving treatment or care or any person who has the knowledge of the incident, jointly with her relative or friend etc.

Where the aggrieved woman is dead, the complaint can be filed by any person who has knowledge of the incident, with the written consent of her legal heir.

The complaint in writing has to be made to the Committee within three months of the date of the incident. The complaint should be submitted in six copies along with supporting documents and names and addresses of the witnesses if any. In cases where the aggrieved woman cannot make a complaint in the writing, the Committee members are required to provide reasonable assistance to the aggrieved woman for making the complaint in writing. 

If the committee is satisfied that the circumstances were such that prevented the woman from filing the complaint within three months of the incident, it may by recording the reasons in writing, may extend the time limit with another three months.

The Committee may before initiating an inquiry and at the request of the aggrieved woman take steps to settle the matter between her and the respondent through conciliation. However, no monetary settlement can be made as a basis of this conciliation. If a settlement has been arrived at, no further inquiry is to be conducted by the Committee. The Committee is required to record the settlement and forward the same to the employer or the District Officer to take action as specified in the settlement. Copies of the settlement should also be provided to the woman and the respondent.

However in case, the aggrieved woman informs the Committee that any term or condition of the settlement has not been complied with, by the respondent, the Committee is required to make an inquiry into the complaint or, as the case may be, forward the complaint to the police.

Investigation and dealing with sexual harassment cases require a high level of sensitivity, empathy in addition to fairness and objectivity.

Upon receipt of the complaint against an employee, the Committee shall initiate the inquiry as per the service rules of the organisation. In case the organisation does not have these rules specified, the standard process of inquiry shall follow. The Committee shall forward one copy of the complaint along with supporting documents and names and addresses of the witnesses, within 7 working days of receipt of the complaint, to the respondent.

The respondent is required to file his reply along with a list of documents, names and addresses of the witnesses within 10 working days of the receipt of the documents from the Committee.

While conducting the Inquiry, the committee is expected to follow the principles of natural justice. Both parties are to be provided opportunities of being heard. Inquiry proceedings should be recorded in writing and a copy of the proceedings and findings should be made available to both parties enabling them to make representation against the findings of the Committee.

In case one party fails to present him/herself in the inquiry, the inquiry can be proceeded ex-parte.  The inquiry can be terminated if the Complainant fails (without reasonable cause) to present herself on 3 consecutive dates of hearing. Likewise, the Inquiry can be proceeded ex-parte if the Respondent fails (without reasonable cause) to present himself on 3 consecutive dates of hearing. In line with the principle of natural justice and providing ample opportunities to the parties to the dispute, a decision to terminate or proceed ex-parte should be taken only after giving fifteen days’ advance notice in writing to the party concerned.

Neither the Complainant nor the Respondent is allowed to bring any legal practitioner to represent them in their case at any stage of the proceedings in the inquiry. In conducting the inquiry proceedings, a minimum of three members of the Committee including the Presiding Officer to be present to complete the quorum.

To ensure expedited justice, the inquiry should be completed within a period of ninety days. 

The inquiry, findings and recommendations of the Committee are not mere preliminary investigations leading to disciplinary action against the delinquent. The inquiry conducted by the Committee is treated as an inquiry conducted under the Standing Orders for the purpose of taking disciplinary action and therefore report of the Committee is treated as a report in the disciplinary proceedings by an Inquiry Officer.

In case of domestic worker, if the committee is satisfied that a prima facie case exists, it should forward the complaint to the police, within a period of seven days for registering the case under section 509 of the Indian Penal Code, and any other relevant provisions of the law.

In many cases of sexual harassment, one may not find easy evidences and witnesses. The case remains one’s word against the others with no eyewitness. In such cases, reliance remains largely on circumstantial evidence. In the case of Apparel Export Promotion Council vs A.K. Chopra – SC 1999; the Supreme Court observed that “In a case involving charge of sexual harassment or attempt to sexually molest, the courts are required to examine the broader probabilities of a case and not get swayed by insignificant discrepancies or narrow technicalities or dictionary meaning of the expression molestation. They must examine the entire material to determine the genuineness of the complaint. The statement of the victim must be appreciated in the background of the entire case. Where the evidence of the victim inspires confidence, as is the position in the instant case, the courts are obliged to rely on it. Such cases are required to be dealt with great sensitivity. Sympathy in such cases in favour of the superior officer is wholly misplaced and mercy has no relevance…. The High Court overlooked the ground realities and ignored the fact that the conduct of the respondent against his junior female employee, Miss X, was wholly against moral sanctions, decency and was offensive to her modesty. Reduction of punishment in a case like this is bound to have a demoralising effect on the women employees and is a retrograde step. There was no justification for the High Court to interfere with the punishment imposed by the departmental authorities. The act of the respondent was unbecoming of good conduct and behaviour expected from a superior officer and undoubtedly amounted to sexual harassment of Miss X and the punishment imposed by the appellant, was, thus, commensurate with the gravity of his objectionable behaviour and did not warrant any interference by the High Court in exercise of its power of judicial review…. At the conclusion of the hearing, learned counsel for the respondent submitted that the respondent was repentant of his actions and that he tenders an unqualified apology and that he was willing to also go and to apologize to Miss X. We are afraid, it is too late in the day to show any sympathy to the respondent in such a case. Any lenient action in such a case is bound to have a demoralising effect on working women. Sympathy in such cases is uncalled for and mercy is misplaced.”

Considering this, Committee should investigate the complaint in good faith and mercy for acts of harassment is uncalled for.

In case during the preliminary inquiry or at any stage of the inquiry, the respondent confesses in writing and admits the charges against it, the Committee should still continue with the inquiry to the extent that the respondent appears in the inquiry and admit, in person, his/her acts and admit the charges. This admission should be recorded in the inquiry proceedings and a copy of the proceeding is to be provided to the respondent and the complainant. The Committee thereafter can close the inquiry proceedings and submit an inquiry report. The admission in the inquiry proceedings is important so that the accused does not refute his/her admission at a later stage.

The inquiry should be completed as per the procedure defined in the services rules applicable on defendant or as prescribed under this law and in accordance with the principles of natural justice. Inquiry is to be completed without any delay and should be completed within ninety days after giving opportunities to both parties to present their case in support of their contention. Upon completion of the inquiry, the committee should, within ten days of the date of completion of the inquiry, submit its report of findings to the employer. [In the case of a domestic worker it should be submitted to the assigned District Officer]. A copy of the report of findings should also be made available to the parties concerned.

In cases where the Committee arrives at the conclusion that the allegation against the respondent has been proved, it should recommend to the employer/District Officer that appropriate action (as defined under services rules/ rules made under this Act/ law be taken. The employer / District Officer is required to act upon the recommendation within sixty days of receipt of recommendations.

In cases where the Committee arrives at the conclusion that the allegation against the respondent has not been proved, it should recommend to the employer/District Officer that no action is required to be taken in the matter.

The Committee is authorised to grant interim relief or set certain conditions during the pendency of the inquiry.  On written request from aggrieved woman, the Committee may recommend to the employer to transfer the aggrieved woman or the respondent to any other workplace. The Committee can also recommend for grant of special leave (in addition to leave she would be otherwise entitled to) to the aggrieved woman up to a period of three months. The Committee can also restrain the respondent from reporting on the work performance of the aggrieved women or writing her confidential report and may assign the same to some other officer. In case of educational institutes, it can restrain the respondent from supervising any academic activity of the aggrieved woman.

The Committee is empowered to recommend for the punishment in cases of the allegations are proved against the respondents. The punishment may include:

• (i) action for sexual harassment as a misconduct in accordance with the provisions of the service rules applicable to the respondent or where no such service rules exists, in accordance with the provisions of this Act.
• (ii) deduction, notwithstanding anything in the service rules applicable to the respondent, from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs, as it may determine considering the guidelines laid down under this act for this purpose.

Punishments normally provided in the services rules are verbal warning, written warning, reprimand or censure, fines, suspension for 4 days, withholding the increments for 2 years, discharge or dismissal. The punishment prescribed under this act is any action including a written apology, warning, reprimand or censure, withholding of promotion, withholding of pay rise or increment, termination of service, undergoing a counseling session or carrying out community service.

While awarding the compensation while certain parameters are to be considered, however, there is no minimum or maximum limit has been defined under this legislation.

The Committee is empowered to recommend for deduction from the salary of the respondent, as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs. For determining the compensation the Committee should have regard to

1. the mental trauma, pain, suffering and emotional distress caused to the aggrieved woman;
2. the loss in the career opportunity due to the incident of sexual harassment;
3. medical expenses incurred by the victim for physical or psychiatric treatment;
4. the income and financial status of the respondent;
5. feasibility of such payment in lump sum or in installments.

In case the employer is unable to make such deduction from the salary of the respondent due to his absence from duty or cessation of employment, employer may direct the respondent to pay such sum to the aggrieved woman. In case the respondent fails to pay the said sum, the Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer, who is required to act on the recommendation within sixty days of receipt of recommendations.

Any person aggrieved from the recommendations of the Committee or non-implementation of recommendations of the Committee may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable or to the appellate authority notified under Industrial Employment Standing Orders Act 1946 or may choose to use alternative remedies available to such person under any other law. Such appeal should be preferred within a period of ninety days of the recommendations.

While one the hand, genuine harassment cases are not usually promptly reported, on the other hand there is a possibility of malafide false allegation being raised against a person.

Malicious complaint needs to be dealt with equal seriousness as a harassment complaint. Filing malicious complaint is considered misconduct under services rules and also an illegal practice. Considering the sensitivity involved in the issue, the legislation has made specific provisions for dealing with malicious complaint and false witnesses in the inquiry. In case the Committee arrives at a conclusion that the allegation against the respondent is malicious or the complainant has made the complaint knowing it to be false or the aggrieved woman or the complainant has produced any forged or misleading document, the Committee can recommend to the employer / District Officer, to take action against the complainant in accordance with the provisions of the service rules applicable to the complainant.

In case no such service rules exist, the Committee may recommend any action including a written apology, warning, reprimand or censure, withholding of promotion, withholding of pay rise or increment, termination of service, undergoing a counseling session or carrying out community service.

Mere inability to substantiate a complaint or provide adequate proof does not make the complaint malicious. The Committee should establish the malicious intent on part of the complainant only after inquiry in accordance with defined procedures.

Like in case of malicious complaint, if the Committee arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness /District Officer, to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist, similar to the action taken on malicious complaint.

Facts and circumstances for each case needs to be inquired and investigated. The Committee needs to inquire as to why the employee decided to officially complain about being sexually harassed and whether she was indeed harassed. If the employee was harassed, the employer should initiate disciplinary proceedings. At the end of the day, the employer needs to rely on the report of Complaints Committee that has been set up for this purpose. On the other hand if it is found that complaint has been filed with malicious intent, counter disciplinary action can be taken on the complainant.

If the complaint is found to be false and with an intent or motive to simply harass, strict disciplinary action against such a complainant should be initiated. While this requires specific provisions of the applicable Standing Orders, such an act can be covered under an act subversive to discipline on the premises of the establishment.

In case of Neena Shad vs MCD, Delhi High Court, 2010, the Delhi High court has justified the action taken by the employer on complainant for habitual false complaint.  Petitioner in this case was considered a nuisance at her workplace as she was in the habit of levelling false charges of sexual harassment against her colleagues / seniors. As many as three complaints levelling sexual harassment allegations were filed by petitioner but not even an iota of truth was found in any of the said complaints by the Committee. Such was the terror of the petitioner that no male pharmacist was ready to work under her lest she would level sexual harassment allegations against him.  The conduct of petitioner at her workplace was not unsatisfactory. She used to cry easily, unnecessarily pick up fights with people and trouble her subordinates.  Court observed that in view of aforesaid conduct of the petitioners, the petitioners were perfectly justified in dispensing with the services of the petitioners. No fault can be found in the decision of the employer dispensing with the services of the petitioners.

Confidentiality is considered paramount in this legislation. Since the allegations, if made public will have serious impact on the reputation of parties of the complaint therefore sharing information or making public any aspects of the proceedings which identifies an individual is prohibited under the Act. The contents of the complaint made, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Committee and the action taken by the employer / District Officer should not be published, communicated or made known to the public, press and media in any manner. These are also outside the ambit of Right to Information Act, 2005. 

Only information that may be disseminated regarding the justice secured to any victim of sexual harassment without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.

The Act provides for the penal action for default of confidentiality. Any person entrusted with the duty to handle or deal with the complaint, inquiry or any recommendations or action to be taken under the provisions of this Act, if contravenes with the provisions of confidentiality is liable for penalty as per their service rules else ` 5000/-.

It is obligatory on every employer to

1. provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace;
2. display at conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting, the Internal Committee;
3. organize workshops and awareness programmes at regular intervals for sensitizing the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee;
4. provide necessary facilities to the Internal Committee for dealing with the complaint and conducting an inquiry;
5. assist in securing the attendance of respondent and witnesses before the Internal Committee;
6. make available such information to the Internal Committee, as it may require having regard to the complaint made;
7. provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force;
8. cause to initiate action, under the Indian Penal Code or any other law for the time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place;
9. treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;
10. monitor the timely submission of reports by the Internal Committee.

Employers are required to formulate and widely disseminate an internal policy or declaration for prohibition, prevention and redressal of sexual harassment at workplace, promoting gender sensitive safe spaces and remove underlying factors they contribute towards hostile work environment.

Employers are expected to actively build awareness through effective communication programs for people at large and should do periodic programs for the members of the Committee.  Employers are also expected conduct capacity building and skill building programs for members of the Committee.

Employers are also required to declare and display the names and contact details of the members of the Committee. While what constitute contact details has not been clearly defined under the Act, however it is advisable to publish Telephone No, Email ID and the work address of the members so that complaint can also be sent by post to the committee.

Harassment while on work even by third party e.g. customer, visitors also come under the ambit of sexual Harassment and employer are obligated to initiate swift action on such cases.

While there is no mandatory requirement that every employee should attend mandatory workplace harassment prevention training within a given duration, however, organisation are expected to actively adopt such best practices to build awareness on prevention of sexual harassment at workplace. It is mandatory for employers to organise the awareness program and training programs for employees for prevention of sexual harassment at workplace.

Prevention of harassment at the workplace is now a statutory obligation of every employer. Employers are responsible to provide safe and secure work environment free from all kinds of harassment. Employers are obligated to create awareness amongst its people, employees, vendors, visitors about prevention of sexual harassment at workplace.  Employers are required to formulate and widely disseminate an internal policy or declaration for prohibition, prevention and redressal of sexual harassment at workplace, promoting gender sensitive safe spaces and remove underlying factors they contribute towards hostile work environment.

Employers should actively build awareness through effective communication programs for people at large and should do periodic programs for the members of the Committee.  Employer should periodically conduct capacity building and skill building programs for members of the Committee.

To facilitate the easy access to file the complaint, employer should declare and display the names and contact details of the members of the Committee. While the term “contact details” are not defined in this Act, it is advisable to display not only the phone number and Email ID but the actual address of the committee members.

Extensive periodic communication and awareness may build the sensitivity and may help in preventing the cases of sexual harassment. One time effort like putting in place a program as a part of the induction program for a new joinee or posting on the intranet may not be sufficient. Employers need to actively and periodically communicate about the prevention of sexual harassment at workplace.  

Swift and decision action on the sexual harassment complaint and strict disciplinary action may also work as deterrent and help in preventing the cases of sexual harassment.

Every Internal Committee is required to submit an annual report to the employer and District Officer for onward submission to State Governments. The annual report shall include:

• Numbers of Complaints of sexual harassment received in the year;
• Numbers of Complaints disposed off during the year;
• Numbers of cases pending for more than ninety days;
• Number of workshops or awareness programmes against sexual harassment carried out;
• Nature of action taken by the employer;

Employers in their annual report to District Officer are also required to include the number of cases filed and their disposal under this Act.

The penalties prescribed in Act are far stricter than other legislations. In cases, where the employer fails to constitute an Internal Committee or take action as prescribed by law or contravenes or attempts to contravene or abets the contravention of other provisions of this legislation, the employer shall be punishable with a fine which may extend to Rs 50,000/-.

A repeat of the same offence shall double the quantum of punishment. However, the court can consider the higher punishment for default in case the act comes under the purview of any other law which prescribes a higher quantum of punishment.

The government or local authority may also cancel/withdraw the licence/registration of the employer required for carrying on his business or activity.

No court shall take cognizance of any offence unless a complaint is made by the aggrieved woman or any person authorised by the Committee in this behalf. No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. Every offence under this Act shall be non-cognizable.