446:, initially complained that the Bill does not cover women in the armed forces and excludes women agricultural workers, "a gross injustice to agricultural workers who are the single largest female component of work force in the country." However, the final bill includes the clause "No woman shall be subjected to sexual harassment at any workplace" (clause 3.1), and is considered to have addressed those concerns. In the May 2012 draft Bill, the burden of proof is on the women who complain of harassment. If found guilty of making a false complaint or giving false evidence, she could be prosecuted, which has raised concerns about women being even more afraid of reporting offences. Before seeing the final version of the bill, lawyer and activist
31:
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fact that there is no stipulated liability for employers in cases of employee-to-employee harassment, something upheld in many other countries. They also viewed the provision that employers are obligated to address grievances in a timely manner at the workplace as problematic because of potentially uncooperative employees. Furthermore, the law requires a third-party
377:
The Act requires employers to conduct education and sensitisation programmes and develop policies against sexual harassment, among other obligations. The objective of
Awareness Building can be achieved through Banners and Poster displayed in the premises, eLearning courses for the employees, managers
352:
is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organisations, department, office, branch unit etc. in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions,
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in the Lok Sabha in
December 2010 and referred to the Parliamentary Standing Committee on Human Resources Development. The committee's report was published on 30 November 2011. In May 2012, the Union Cabinet approved an amendment to include domestic workers. The amended Bill was finally passed by the
295:
under
Article 32 of the Constitution of India. The Supreme Court had made it mandatory that these had to be followed by all origination until a legislative framework on the subject has been drawn-up and enacted. However, the legislative void continued and the Supreme Court in Apparel Export Promotion
263:
The Act will ensure that women are protected against sexual harassment at all the work places, be it in public or private. This will contribute to realisation of their right to gender equality, life and liberty and equality in working conditions everywhere. The sense of security at the workplace will
227:
WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the
Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation,
203:
that very few Indian employers were compliant to this statute. Most Indian employers have not implemented the law despite the legal requirement that any workplace with more than 10 employees need to implement it. According to a FICCI-EY November 2015 report, 36% of Indian companies and 25% among MNCs
300:
were not being effectively implemented. Converting the letter into a writ petition, the
Supreme Court took cognizance and undertook monitoring of implementation of the Vishakha Guidelines across the country. The Supreme Court asserted that in case of a non-compliance or non-adherence of the Vishakha
290:
Article 19 (1) g of the Indian
Constitution affirms the right of all citizens to be employed in any profession of their choosing or to practice their own trade or business. This case established that actions resulting in a violation of one's rights to ‘Gender Equality’ and ‘Life and Liberty’ are in
468:
complained that Bill does not protect men, saying it "is based on the premise that only female employees needed to be safeguarded." Nishith Desai
Associates, a law group, wrote a detailed analysis that included concerns about the role of the employer in sexual harassment cases. They called out the
231:
AND WHEREAS the protection against sexual harassment and the right to work with dignity are universally recognised human rights by international conventions and instruments such as
Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June,
426:
that stipulates what consists of a sexual harassment offence and what the penalties shall be for a man committing such an offence. Penalties range from one to three years imprisonment and/or a fine. Additionally, with sexual harassment being a crime, employers are obligated to report offences.
280:
who was part of Women's
Development Program of the Rajasthan Government. She was brutally gang raped for stopping a child marriage being conducted in a town. This was a part of her duties as a member of the Development Program to stop any illegal activity conducted against children and women.
378:
and
Internal Committee members, Classroom training sessions, Communication of Organizational Sexual Harassment Policy through emails, eLearning or Classroom Training. It is recommended that the eLearning or Classroom Training be delivered in the primary communication language of the employee.
340:
The definition of "aggrieved woman", who will get protection under the Act is extremely wide to cover all women, irrespective of her age or employment status, whether in the organised or unorganised sectors, public or private and covers clients, customers and domestic workers as
398:
Under the Act, which also covers students in schools and colleges as well as patients in hospitals, employers and local authorities will have to set up grievance committees to investigate all complaints. Employers who fail to comply will be punished with a fine of up to 50,000
356:
The committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60
360:
Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block
1145:"Sexual Harassment Law in India and Constitutional Challenges Read more: Sexual Harassment Law in India and Constitutional Challenges - iPleaders http://blog.ipleaders.in/sexual-harassment-law-in-india-and-constitutional-challenges/#ixzz3o34ZgXqI"
291:
fact a violation of the victim's fundamental right under Article 19 (1) g. The case ruling established that sexual harassment violates a woman's rights in the workplace and is thus not just a matter of personal injury. This case ruling had issued
353:
sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation. Even non-traditional workplaces which involve tele-commuting will get covered under this law.
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321:(the upper house of the Indian Parliament) on 26 February 2013. It received the assent of the President of India and was published in the Gazette of India, Extraordinary, Part-II, Section-1, dated 23 April 2013 as Act No. 14 of 2013.
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Compliance to this statute has so far been left to the vagaries of the employers and government has not taken any significant step to enforce the law so far. For example, 6 months after the law came into effect, the state of
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An employer has been defined as any person who is responsible for management, supervision, and control of the workplace and includes persons who formulate and administer policies of such an organisation under Section
268:
This Act was essentially derived from the Vishaka Guidelines. The Vishaka Guidelines were certain procedures to be followed in cases of workplace sexual abuse. These guidelines were formulated after the landmark case
868:
296:
Council v. A.K Chopra ((1999) 1 SCC 759) reiterated the law laid down in the Vishakha Judgment. Dr. Medha Kotwal of Aalochana (an NGO) highlighted a number of individual cases of sexual harassment stating that the
58:
An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.
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An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.
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said, "I hope the Bill does not have provisions for penalizing the complainant for false complaints. This is the most under-reported crime. Such provision will deter a woman to come forward and complain."
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195:(the upper house of the Indian Parliament) on 26 February 2013. The Bill got the assent of the President on 23 April 2013. The Act came into force from 9 December 2013. This statute superseded the
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to the District Officer every calendar year as prescribed in the Rule 14 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.
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The Act defines sexual harassment at the work place and creates a mechanism for redressal of complaints. It also provides safeguards against false or malicious charges.
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remained dreadful as women could not participate in the workforce due to sexual harassment. Everyday women are being harassed but there are no records for many cases.
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eLearnPOSH provides multilingual courses for organizations in English, Hindi, Tamil, Malayalam, Telugu, Kannada, Marathi & Bengali. You can view more details
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are not compliant with the Sexual Harassment Act, 2013. The government has threatened to take stern action against employers who fail to comply with this law.
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AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace.
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The inquiry process under the Act should be confidential and the Act lays down a penalty of Rs 5000 on the person who has breached confidentiality.
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963:
Handbook on the Law of Sexual Harassment at Workplace by Shivangi Prasad and Attreyi Mukherjee, available at amazon.in and bigbookshop.com
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in May 2023 finds that half of India's sports federations are yet to create an "Internal Complaints Committee" as mandated by this law.
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Some tribunals have commented on the constitutionality of some of the provisions of the statute, especially section 4 and Section 7.
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Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine of up to
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FREQUENTLY ASKED QUESTIONS ON SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION, AND REDRESSAL) ACT & RULES, 2013
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The legislative progress of the Act was a long process where the Bill was first introduced by women and child development minister
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556:"The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Published in The Gazette of India"
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The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant.
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This case was brought to the Supreme Court because of the sheer inability of the High Court of Rajasthan to provide justice to
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India said that "it helps to have a law and we welcome it, but the crux will lie in its implementation once it is enacted."
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50,000. Repeated violations may lead to higher penalties and cancellation of licence or deregistration to conduct business.
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470:
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1402:
526:""The Sexual Harassment Bill undermines the innovative spirit of Vishaka" – Naina Kapur, Lawyer and Equality Consultant"
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to be involved, which could make employers less comfortable in reporting grievances, due to confidentiality concerns.
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Government can order an officer to inspect workplace and records related to sexual harassment in any organisation.
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for Prevention Of Sexual Harassment (POSH) introduced by the Supreme Court (SC) of India. It was reported by the
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1345:
1213:
882:
334:
252:
1236:
740:"Not just wrestling, half of national sports federations don't have sexual harassment panel mandated by law"
337:' as forms of sexual harassment if it occurs in connection with an act or behaviour of sexual harassment.
703:"Serious legal action against organisations without a sexual harassment committee, says Maneka Gandhi"
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Go through an online executive training program for HR professionals and external experts offered by
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improve women's participation in work, resulting in their economic empowerment and inclusive growth.
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767:"The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013"
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Guidelines, it would be open to the aggrieved persons to approach the respective High Courts.
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Moreover, this Act uses the definition of sexual harassment laid down by the Supreme Court in
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trade or business which includes a right to a safe environment free from sexual harassment;
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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2013
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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
24:
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
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Nishith Desai Associates, Veena Gopalakrishnan, Ajay Singh Solanki and Vikram Shroff,
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1265:"Sexual harassment of women at workplace bill passed amidst coal-gate chaos"
1119:"Abnormally high levels of sexual harassment for women at work places in UP"
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1017:"The Protection of Women Against Sexual Harassment at Work Place Bill, 2010"
995:"The Protection of Women Against Sexual Harassment at Work Place Bill, 2010"
456:
184:
624:"Action against sexual harassment at workplace in the Asia and the Pacific"
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A Presentation on Protection of Women from Sexual Harassment at Workplace
1044:
India’s new labour law - prevention of sexual harassment at the workplace
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1087:
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Sexual harassment of women at workplace bill 2012 passed by Lok Sabha
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Protection of Women against Sexual Harassment at Workplace Bill, 2010
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An E-Book on Protection of Women from Sexual Harassment at Workplace
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1372:
1367:
974:"Is your " workplace" covered under the new sexual harassment law?"
945:"Lok Sabha passes bill against sexual harassment in the workplace"
649:"Indian firms take little notice of law against sexual harassment"
1214:
The Sexual Harassment of Women at Workplace Act, 2013, in English
797:
Press Information Bureau, Government of India (4 November 2010).
1275:
1057:
Parliament passes Bill to prevent sexual harassment at workplace
603:"India must have zero tolerance for workplace sexual harassment"
333:
The Act also covers concepts of 'quid pro quo harassment' and '
578:"Law against sexual harassment at workplace comes into effect"
1092:"India moves to protect women from sexual harassment at work"
923:"Bill against sexual harassment a boost to domestic workers"
1232:"Bill on sexual harassment referred to parliamentary panel"
317:
Lok Sabha on 3 September 2012. The Bill was passed by the
1219:
The Sexual Harassment of Women at Workplace Rules, 2013
1340:
West Bengal National University of Juridical Sciences
151:
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1105:Indian men can be raped, not sexually harassed
1068:Shajan Perappadan, Bindu (4 September 2012).
183:at their place of work. It was passed by the
8:
817:"Sexual harassment at workplace Bill passed"
191:) on 3 September 2012. It was passed by the
1038:
1036:
1034:
738:Kamath, Amit; Vasavda, Mihir (4 May 2023).
723:: CS1 maint: numeric names: authors list (
701:DNA 18 September 2014 (18 September 2014).
1245:"Women's Protection Bill needs more teeth"
902:The Pearson Current Event Digest 2011-2012
772:. PRS Legislative Research. Archived from
179:in India that seeks to protect women from
1290:Sexual harassment bill: Not enough teeth?
1263:Press Trust of India (3 September 2012).
869:"HOW TO BE POSH COMPLIANT? - Legal Front"
97:3 Sep 2012 & 11 Mar 2012 (Lok Sabha)
1230:Press Trust of India (16 January 2011).
284:Vishakha and others v State of Rajasthan
272:Vishaka and others v. State of Rajasthan
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517:
55:
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815:Chakrabarty, Rakhi (4 September 2012)
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20:
219:The introductory text of the Act is:
7:
1393:Acts of the Parliament of India 2013
905:, pp. 3-4. Pearson Education India.
1373:All You Need to Know about POSH Act
921:Polanki, Pallavi (28 August 2012).
364:The Complaints Committees have the
1243:Chandran, Cynthia (20 June 2012).
494:Criminal Law (Amendment) Act, 2013
440:Communist Party of India (Marxist)
438:, serving in the Rajya Sabha as a
420:Criminal Law (Amendment) Act, 2013
414:Criminal Law (Amendment) Act, 2013
14:
1433:Workplace harassment and bullying
1107:, Times of India, 16 August 2012.
455:, a women's rights campaigner at
422:, Section 354 A was added to the
201:International Labour Organization
381:Every organization must file an
232:1993 by the Government of India;
29:
1418:Violence against women in India
1303:prevention of sexual harassment
1292:. Retrieved 13 September 2012.
1278:. Retrieved 13 September 2012.
1260:. Retrieved 13 September 2012.
1240:. Retrieved 13 September 2012.
1117:Dhoot, Vikas (11 April 2014).
1094:. Retrieved 13 September 2012.
1078:. Retrieved 13 September 2012.
954:. Retrieved 13 September 2012.
929:. Retrieved 13 September 2012.
890:. Retrieved 13 September 2012.
825:. Retrieved 13 September 2012.
801:. Retrieved 13 September 2012.
532:. 1 March 2013. Archived from
16:Act of the Parliament of India
1:
471:non-governmental organisation
348:While the "workplace" in the
899:Thorpe, Edgar (ed.) (2012).
886:(Calcutta) (18 April 2012).
308:in 2007 and approved by the
670:"Fostering safe workplaces"
1449:
1428:Women's rights legislation
1413:Sexual harassment in India
1288:NDTV Video (16 May 2012):
1202:Bill as passed by Loksabha
1019:. PRS Legislative Research
997:. PRS Legislative Research
675:. FICCI-EY. Archived from
558:. Press Information Bureau
411:
244:
1046:, Lexology, 30 April 2013
241:Background and provisions
161:
156:Standing Committee Report
99:26 Feb 2013 (Rajya Sabha)
44:
28:
1309:Power Point Presentation
504:Women's Reservation Bill
335:hostile work environment
312:in January 2010. It was
253:Press Information Bureau
187:(the lower house of the
1423:Women's rights in India
1388:2013 in women's history
1237:Daily News and Analysis
950:27 January 2013 at the
841:21 October 2016 at the
368:for gathering evidence.
215:Preamble and background
1270:2 October 2012 at the
366:powers of civil courts
266:
238:
834:Lawyer's Collective,
261:
221:
139:Bill No 144-C of 2010
1250:20 June 2012 at the
1207:3 April 2018 at the
1090:(5 September 2012).
1070:"Safety net at hand"
943:(3 September 2012).
888:"Watch what you say"
1403:Indian criminal law
1348:30 May 2018 at the
940:New York Daily News
845:, 6 September 2012.
350:Vishakha Guidelines
298:Vishakha Guidelines
257:Government of India
120:Legislative history
88:Parliament of India
39:Parliament of India
1143:Trivedi, Anushka.
1123:The Economic Times
682:on 8 December 2015
536:on 2 December 2013
465:The Times of India
293:Vishaka guidelines
197:Vishaka Guidelines
76:Territorial extent
1408:Sex laws in India
1172:External link in
424:Indian Penal Code
251:According to the
189:Indian Parliament
181:sexual harassment
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71:Act No 14 of 2013
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245:See also:
144:Introduced
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1075:The Hindu
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