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

1. Sexual Harassment at Workplace
(Prevention, Prohibition and
Redressal) Act 2013
-by Alankrita Singh, I.P.S.
Deputy Director, LBSNAA
www.alankritasingh.com

2. Participation of women
in the workforce
The global scenario
The Indian scenario

3. What percent of women
are part of the workforce
Russia 49%
China 44%
Japan 42%
Europe 52%
India 25%
Turkey 30%
Australia 45%
South Africa 44%
Bangladesh 43%
Source: World Bank Survey

4. Why at all do we need women to
work?

5. FEMALE PARTICIPATION IN
WORKFORCE IS A RISING GRAPH
Education n Awareness
Technology
Globalization
Media
Judicial Activism
Hence the need to make workplaces
and public spaces safer for women
…

6. After the landmark Vishakha and others vs the State
of Rajasthan case, all organisations in India have to
follow the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal
Act) 2013
While the Law puts all the responsibility of
prevention, prohibition and redressal of SH@WP on
the employer of the concerned organisation, it
envisages a crucial role of the
“District Officer” in supervision and monitoring

7. SH@WP is of two types

8. The complainant’s perception about the
act of Sexual Harassment is important
https://www.youtube.com/watch?v=fvMrGtrCG9s

9. What is a workplace?

10. Who can complain ?

11. Who is an employer ?

12. The District Officer

13. The Internal Complaints Committee

14. The Local Complaints Committee

16. Incident of Sexual Harassment
Conciliation
on the request of
the complainant
Inquiry by ICC/LCC
on a written
complaint
Report of Inquiry
Interim relief like
leave/transfer
Action for
Misconduct
including
Compensation
No Action Action for
misconduct
against
complainant
Allegation
proved
Complaint
false/frivolousAllegation
not proved
Appeal

17. The dead lines

18. A Fair Enquiry

19. SH@WP IS AN OFFENCE…..
• IPC (sections 209-obscene acts and songs, 326-
acid attack, 354-outraging of modesty, 376-rape,
509-lewd gestures and words )
• The Criminal Law Amendment Act 2013
• Protection Of Children from Sexual Offences Act
2012
• Juvenile Justice Act 2006
• Information Technology Act 2000

20. Under the Criminal Law Amendment 2013
and IT Act 2004 all of these activities are
“CRIME”
• STALKING
• STARING
• VOUYERISM
• UNDESIRABLE TOUCHING
• DISPLAYING PRIVATE PARTS
• VULGAR SMS OR CALLS
• VULGAR SOCIAL MEDIA POSTS
• SHARING PORNOGRAPHY ON SOCIAL MEDIA
https://www.youtube.com/watch?v=HzRXEtl1f2I

21. The Social/personal/time/financial
cost of raising one’s voice?
The famous case of Mrs Rupan Deol Bajaj vs
M S Gill

22. Thanks
alankrita.singh@nic.in
www.alankritasingh.com