The Maurya School, Palam Vihar, Gurgaon (Session 2023-24)

Prevention of Sexual Harassment at Workplace

Presented by:
Khushboo Arora
Ritu Kumar
Prevention Of Sexual Harassment
in the
Workplace
 Workplace
Sexual Harassment
Workplace Sexual Harassment
is behaviour that is :

- UNWELCOME
- SEXUAL in nature
- A SUBJECTIVE experience

IMPACT not INTENT is what

matters Often occurs in a matrix

of power.
 What Constitutes
Sexual Harassment?

Demanding
Physical or
Contact & Requesting
Advances Sexual
Favours

Showing Sexually Coloured

Pornography Remarks
Forms of Sexual Harassment

Hostile
Quid Pro Quo
Environment
Creation of an
Denial of an economic
intimidating, hostile
benefit for rejecting a
and offensive working
sexual overturn.
environment.
Examples of Sexual Harassment

• Sexual jokes, comments on physical attributes, rating

Unwanted
others as to sexual activity or performance, talking
Sexual about one’s sexual activity in front of others and
Statement displaying sexually explicit drawings, pictures and/or
s written material.

• Letters, telephone calls, visits, pressure for sexual

Unwanted favors, pressure for unnecessary
Personal interaction and pressure for dates where a
personal
Attention sexual/romantic intent appears evident but remains
unwanted.

Unwanted • Touching, fondling, touching oneself sexually for

Sexual others to view, sexual assault, gigging, kissing, or
Advances other sexual activity.
IS THIS SEXUAL
HARASSMENT ?
Incidents

At an office party, Manan came drunk and hugs Ria forcibly, while she protests.

Two employees discuss a funny but vulgar joke in the presence of their
female colleague. When she protests, they retort, ”Grow up, this is just a
joke!”
Nehal keeps mailing love poem and quotes to Prashant although he has
clearly asked her to stop.

Tammanna wins the ‘Employee of the Quarter’ award. Her manager, Ratan,
pats back and congratulates her.

Mihir brings an adult magazine to office and shows it to all his teammates,
women. The women feel uncomfortable.
SEXUAL IN NATURE

Physical harassment (not essential ingredient)

Verbal harassment

Gestural harassment

Written or graphic
harassment

Psychological/
emotional
harassment
Indian Law on
Sexual Harassment

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

1997:
Vishaka judgement

The Indian Penal Code, 1860

The objective of these laws is Prevention

+ Protection + Redressal
Indian Penal Code, 1860

Sexual Harassment (Section 354 A)

Section
354:
Criminal
force to a
Public disrobing of woman (Section 354 B)
woman
with
Voyeurism (Section 354 C)
intent to
outrage
her
modesty Stalking (Section 354 D)

Section 509: Word, gestures or act intended to insult the modesty of a

woman
Vishaka Judgement, 1997

Recognized
Sexual
harassment to
be a human
right’s violation

Provided
guidelines Recognized it as
for a violation of
protection Fundamental
of rights under
Women Article 14, 15,
19(1)(g), 21.
Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act,
2013

Objective
Prevention

Protection

Redressal
 Who are Covered?

● Full time employees ● Contractual workers

● Temporary workers ● Housekeeping

● Contract workers ● Security

● Daily wage ● Client representatives

employees
● Vendor
● Trainees representatives

● Interns ● Volunteers
with/without
remuneration
Preventive Measures: Internal Complaint
Committee (ICC)

Presiding Officer – Senior woman employee

from the workplace/other admin
units/office/organizations

ICC 2 Members – Committed to the cause of

women/experience in social work/legal
knowledge

One member from an NGO/other women’s

organization/familiar with issues relating to
sexual harassment
Internal Complaint Committee (ICC)- THE
MAURYA SCHOOL

MS. LEENA MALIK- Presiding Officer

DR. SHALINI BAJAJ

ICC MR. SURESH KUMAR GOYAL
MS. PURBASHA MUKHERJEE
MS. TAMALI BANERJEE

External Member- Ms. Sushila Devi

(NGO-AIKPDF, DELHI)
 Investigation and Inquiry Report - Procedure

Report Complaint
Incident to ICC
(within 3
Months)

Notify Respondent
(7 Days)

Does Yes
Get Respondent Settlement Action
Response Agree? or (60
(10 Days) Punishment Days)

No Findings &
Recommendation
Enquiry Report
(90 Days)
Filing a Compliant
A Complainant may file a complaint with the ICC within 3 months from the date
of the incident or if there is a series of incidents within 3 months from the last
incident

Where the Complainant is physically incapable of filing a complaint, the

complaint may be filed by a relative or friend, co-worker, an officer of the State
or National Women’s Commission, or any person with knowledge of the
incident who has the written consent to file the complaint

Where complainant is unable to make complaint on account of a mental

incapacity, the complaint may be filed by a relative or a friend, a special
educator, qualified psychiatrist or psychologist or guardian or any person with
knowledge of the incident who has the written consent to file the complaint
Rights available to the
Complainant
Where complainant is unable to make complaint on account of her physical or
mental incapacity or otherwise, her legal heir or such other person may make a
complaint

Complainant should be associated with the inquiry and afforded reasonable

opportunity and to receive copy of the inquiry findings

Right to be heard by the ICC.

Complainant shall have the right to appeal if she is dissatisfied with the
decision of the concerned Committee against Sexual Harassment or the
disciplinary authority.
Rights available to the
Respondent
Right to know material particulars of the charges made against him and he
should be given a period of 10 days to respond to the charge sheet

Right to receive a fair, impartial and speedy trial and to receive copy of the
inquiry findings

Right to be heard by the ICC

Right to appeal if he is dissatisfied with the decision of the concerned

Committee against Sexual Harassment or the disciplinary authority
 Confidentiality of Proceedings

The following items shall not be published, communicated

or released to the public:

• The Complaint
• Identity or address of the aggrieved woman/complainant
• Identity or address of the Respondent
• Identity or address of any Witness
• Information relating to the Inquiry Proceedings
• Recommendations and Actions taken by the ICC
Responsibilities

Supervisor Employees

Recognize
behaviours that Identify your rights
could lead to and always report
sexual harassment the abuse
and take
proactive steps

Provide all possible

assistance to the
aggrieved woman and
ensure there is no
retaliation
Employer’s Responsibilities

• Provide • Monitor the

necessary timely
facilities submission of
and reports by ICC
assistance to Constitute
ICC Provide a safe the Internal
working Complaints
environment Committee
(ICC)

Organise Display
workshops consequences
and awareness of sexual
programmes harassment
• Assist the woman for sensitizing and the
composition • Provide all
if she chooses to employees
file a complaint of the ICC necessary
under IPC assistance
to the
woman.
Possible Actions Against
Harassment

● Disciplinary actions that may be taken

against of Harasser :

➦ Written disciplinary ➦ Written Apology

warnings
➦ Undergoing
➦ Demotion Counselling
➦ Suspension ➦ Community Service
➦ Termination
Liabilities of the Employees

• Disciplinary action as
False per existing
provisions of Service
Accusation Rules.

• Disciplinary action
for misconduct as per
Sexual existing provisions
Harassment of Service Rules and
deductions from
salary to pay
compensation.
What is not Sexual Harassment?

*Voluntary lunch or dinner

dates – asking a coworker
to have lunch or dinner

*Appropriate
compliments – telling a
person that her outfit is
nice
Welcomed and NOT sexual in
nature *Acts of courtesy opening
the door for someone
 What is NOT Workplace
Sexual Harassment?
● Following-up on work absences.

● Requiring performance to job standards.

● Reprimands in relation to work/meeting

targets or deadlines.

● Work-related stress e.g. meeting deadlines or

quality standards.

● Constructive feedback about work.

CLEARING CONCEPTS – TRUE OR FALSE?
• Sexual harassment is not limited to physical contact. It can occur any
time that an individual is uncomfortable with another person’s
approaches, comments or discussions?

• Sexual harassment can occur outside the work site and still be considered
work related. Incidents that occur at retirement parties and office socials
or in training are some of the situations where work related harassment
occurs?

• Sexual harassment in the workplace is a women's issue? In order for it to

be determined sexual harassment, the offender has to be a male?

• Friendly flirting is not sexual harassment when flirting is practiced

between mutually consenting individuals who are equal in power or
authority?
 WHAT IS YOUR
William sent an ADVICE?
E-mail message to an employee recently assigned to his team
complimenting her on her dress. Later she was reprimanded for poor performance. She
responded that this must have been caused by her refusal to become involved with
William.

William is stunned and denies doing or saying anything that could be construed as sexual
harassment. What advice would you offer William?

A. Quit and find another job.

B. Don't worry. Everyone knows that this employee is unstable.

C. Cooperate fully in the investigation. If the only evidence of sexual harassment is an

occasional compliment on an employee's choice of clothing, it is hard to imagine that
this would create a hostile work environment.

D.Take a training course on sexual harassment.

E.Hire a good lawyer.

 Steps to Deter
Sexual Harassment

● DO NOT IGNORE IT.

Don’t pretend it didn’t happen. Inform the
harasser that the behaviour is unwelcome.

● REPORT THE INCIDENT.

Tell the ICC exactly what happened as
soon as possible.

● DO NOT ACCEPT THE BEHAVIOUR.

Do not tolerate the harassment even if it
seems that others around you are tolerating
it.
 Steps to Deter
Sexual Harassment

● BE SUPPORTIVE.
If someone wishes to talk to you
about their personal experience,
listen with empathy and then
direct them to ICC.

● ANY ASSOCIATE MAY FILE

COMPLAINTS.
If you see someone else getting
harassed, you may also file a
complaint.
Uthja bete
workshop
Khatam ho
gayi hai