All About Prevention of Sexual Harassment at Workplace

In this course, you will learn nearly everything about sexual harassment in the workplace. This course will begin with Vishakha Guidelines followed by the sexual harassment of women at the workplace (prevention, prohibition, and redressal) act, 2013. It covers some of the basic definitions like aggrieved woman, domestic worker, employee, and employer.

Then the course will cover the history of the law on sexual harassment in India and the structural framework of the Act. After that, it will cover the nature of sexual harassment at the workplace, its causes, and its consequences. Apart from that, it also covers the prevention of sexual harassment, the constitution of the internal complaints committee, the constitution of local complaints committee, the complaint of sexual harassment, an inquiry into the complaint, duties of employer, duties, and powers of the district officer, etc.

Supreme Court Vishakha Guidlines 1997

Background of the Act

Learning Outcomes

After completing this course, you will be able to:

• Understand the concept, status, significance of Sexual Harassment at the workplace in India
• Understand the legal measures and guidelines on Sexual Harassment
• Understand the major legal provisions of the Sexual Harassment at workplace act
• Understand the history of the law on Sexual Harassment in India
• Analyze the structural framework of the act
• Get aware of the nature of sexual harassment at the workplace, its causes, and consequences

Why learn the prevention of Sexual Harassment in the workplace?

Sexual harassment harms us all. Harassment leads to absenteeism, poor morale, loss of focus, and legal consequences. Failure to prevent sexual harassment in the workplace will break compliance with Title VII of the Civil Rights Act and similar state civil rights laws and fair employment laws. Sexual harassment in the workplace is a serious problem that affects many employees and organizations.

Research indicates that 90 percent of the Fortune 500 companies have at one time or the other dealt with a complaint of sexual harassment and that more than a third of them have faced lawsuits related to this issue. It's also a fact that this problem is not limited to the largest or most profitable organizations. The employers may be held liable for sexual harassment claims unless they develop, communicate, and enforce policies defining and banning sexual harassment. Therefore awareness about Sexual harassment is a critical component.

Sample Project Ideas

As a part of this program, you are required to do optional project work. The project specifications have been drawn in consultation with the industry. The project work has to meet these specifications and can be done in a group of upto 5 members.

Create a PowerPoint presentation of at least 12 slides on (any one of the following):

• Legal measures and Guidelines for sexual harassment at the workplace
• Prevention Prohibition and Redressal Act in Sexual Harassment of Women at Workplace
• Prevention of Sexual Harassment at Workplace

Please make sure that these slides are not copied from any sources and are based on your own research / learning from the course.

Test & Evaluation

1. During the program, the participants will have to take all the assignments given to them for better learning.

2. At the end of the program, a final assessment will be conducted.

Certification

1. All successful participants will be provided with a certificate of completion.

2. Students who do not complete the course / leave it midway will not be awarded any certificate.

Topics to be covered

1. Sexual Harassment at the Workplace: Legal measures and Guidelines

• Objective
• What is sexual harassment
• Relevant Laws
• Sexual Harassment and the Indian Constitution
• Directive Principle of State Policy
• Sexual Harassment and the Indian Penal Code
• Supreme Court Vishakha Guidelines 1997
  • Background of the Act

    Year	Event	Authority
    2007	Draft guidelines approved	Union Cabinet
    2010	Bill introduced	Lok Sabha
    2012	Passed by	Lok Sabha
    2013	Passed by	Rajya Sabha
    2013	Received President's Assent	Published in Official Gazette

• Chapters of the Act
  • I - Preliminary
  • II - Constitution of Internal Complaints Committee by an Employer
  • III - Constitution of Local Complaints Committee by District Officer
  • IV - Complaint
  • V - Inquiry into Complaint
  • VI - Duties of Employer
  • VII - Duties & Powers of District Officer
  • VIII - Miscellaneous
• Applicability
  • Extends to the whole of India
  • Every organization that has more than 10 employees
• Types of Sexual Harassment
• Internal Complaints Committee (ICC)
• Local Complaints Committee (ICC)
• Tenure of the Committee Members
• Complaint
• The period in which the complaint needs to be set off
• Complaint Settlement Through Conciliation
• Inquiry Into Complaint
• Inquiry Report
• Respondent proved Guilty
• If allegations Proved to be Wrong
• Section 15 (determining of Sums to be paid)
• Section 16 (Maintenance of Secrecy)
• Duties of Employer
• Duties of District Officer
• Non-Compliance of the Act

2. Sexual Harassment of Women at Workplace Prevention Prohibition and Redressal Act

• Same Rights for Men and Women
• Sexual Harassment at Workplace
  • Definition
  • Vishakha Case
  • Complaints Committee
• The framework of the Act
• Sexual Harassment at Workplace Act, 2013
  • Section 3: Five Circumstances
  • Section 2(f); Employee : Definition
  • Section 2(g); Employer : Definition
  • Section 2(o); Workplace : Definition
  • Complaints Committee
  • Internal Complaints Committee
  • Internal Complaints Committee(ICC) : Members
  • Local Complaints Committee(LCC) : Structure
  • Complaints: Procedure (S 9)
  • Conciliation: Aim (S 10)
  • Inquiry: Procedure (S 11)
  • Inquiry Committee Reports (S 11)
  • Inquiry Committee: Consider Factors (S 15)
  • False Complaints (S 14)
  • Appeal Process
  • Duties of Employer

3. Sexual Harassment at Work Place

• Macroeconomic Scenario & Safety of Working women
• Guidelines
• Complaints Mechanism
• Preventive Steps
• Employer's Responsibilities
• Violence against Women
• Nirbhaya
• Important laws regarding Sexual Violence against Women and Children
• Indian Penal Code
• Indian Penal Code and Sexual Violence
  • 347 - Concern's wrongful confinement
  • 354 - Criminal assault of women to outrage women's modesty
  • 354 C - Voyeurism
  • 354 D - Stalking, Cyberstalking
  • 366 - Kidnap, abduction, and marriage of women by force
  • 366 A - Procurement of a minor girl
  • 366 B - Import of girl from a foreign country
  • 376 - Rape
  • 376 A - Intercourse by a man with his wife during judicial separation
  • 498 A - Husband or in-laws subjecting a woman to cruelty
  • 509- Word, gesture, or act intended to insult the modesty of a women
• Challenges
• Women Reclaim the right
• Fight Against Violence
• Child Marriage
• Fight for Justice
• Justice Verma Committee

4. Prevention of Sexual Harassment at Workplace

• Bhanwari Devi Case
• Vishakha Guidelines
• Delhi Gang Rape Case 2012
• Advent of Law
• Sexual Harassment: Sec 2(n) of the Act
• Sexual Harassment: Sec 3(2) of the Act
• Forms of Workplace Sexual Harassment
• Examples of Workplace Sexual Harassment