Sexual Harassment
Sexual Harassment
The Supreme Court Decision (Vishaka V/S State of Rajasthan, 1997), which recognizes harassment as a form of discrimination against women and a violation of the constitutional right to equality, was used to refer to sexual harassment.
In 2013, the Indian Government enacted The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in force from December 09, 2013), which prohibits sexual harassment in the workplace. The Act specifies the types of actions that would fall within the ambit of sexual harassment with respect to women workers. Sexual harassment is defined as any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely: physical contact and advances; or a demand or request for sexual favors; or making sexually colored remarks; or showing pornography, or any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
To address complaints relating to sexual harassment exclusively, the Act mandates all employers to create internal complaints committees. It also requires employers to include sexual harassment as a disciplinary violation in their internal policies, provide assistance to victims in reporting incidents of sexual harassment to the authorities, and also prepare and file annual reports prescribed therein. An employer who contravenes the provisions of this Act is punishable with a fine which may extend to 50,000 rupees.
Sexual harassment is also prohibited under section 354-A of the Penal Code. A person convicted of sexual harassment is punished with rigorous imprisonment for a term which may extend to three years or with fine or with both.
Source: § 2 & 26 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, § 354 (A) of the Penal Code
Non-Standard Workers' Rights on Protection from Sexual Harassment - Platform workers
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 recognizes the right of every woman to a safe and secure workplace environment irrespective of her age or employment/work status. It includes all women whether engaged directly or through an agent including a contractor, with or without the knowledge of the principal employer. They may be working for remuneration, on a voluntary basis or otherwise. Their terms of employment can be express or implied. The law covers both organised and unorganised sector workers.
The 2013 law defines sexual harassment as "any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:— (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
The 2013 Sexual Harassment Law covers both the organised and unorganised sector workers. The unorganised sector is defined as "an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten". Hence, the law covers workers as well as independent contractors, i.e., platform workers.
In line with section 354A of the Indian Penal Code, "Any man who commits the sexual harassment shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both." Hence, other than imprisonment for a maximum term of 3 years, fine may also be imposed by the court.
Prohibition on Sexual Harassment under State Laws
Sexual Harassment Prohibition in Andhra Pradesh
For Employees at Establishments:
No woman employee is required or allowed to work in any establishment before 6.00 a.m. and after 8.30 p.m. Provided that the women employees may be required or allowed to work between 8.30 p.m. and 6.00 a.m., in any establishment in which adequate safety security measures and other safeguards as may be prescribed by the State Government are provided. The safety and security measures should include the provision of shelter, restrooms, lunchrooms, night crèches and ladies’ toilets, adequate protection of their privacy, dignity, honour and safety, protection from sexual harassment, employment of at least five (5) women employees together. Their transportation between factory premises and the doorstep of their residence should also be arranged. The above relaxation should not be allowed to a woman employee during a period of sixteen (16) weeks before and after her childbirth, of which at least eight (8) weeks should be before the expected childbirth.
Source: Section 23, Andhra Pradesh Shops and Establishments Act, 1988
Sexual Harassment Prohibition in Maharashtra
For workers in Shops and Commercial Establishments:
For establishments under the Shops and Establishments Act, no woman will be allowed to work in timings except for 7am - 9.30 pm. Beyond these timings, women may be allowed with adequate protection of security of their dignity and protection from sexual harassment. Transportation services will have to be provided by the enetrprise/establishment.
Source: Section 13, Maharashtra Shops and Establishments (Regulation of Employment and conditions of service) Act, 2017
Sexual Harassment Prohibition in Karnataka
No State laws and provisions under this topic.
Sexual Harassment Prohibition in Uttar Pradesh
No State laws and provisions under this topic.
Sexual Harassment Prohibition in Rajasthan
No State laws and provisions under this topic.
Sexual Harassment Prohibition in Tamil Nadu
No State laws and provisions under this topic.
Sexual Harassment Prohibition in Gujarat
No woman worker should be required or allowed to work in any establishment except between the hours of 6 a.m. and 9 p.m.
If the Inspector or any person, authorized by him in this behalf, is satisfied of certain provisions he may, by order, after obtaining the consent of the woman worker, allow her to work between 9 p.m. to 6 a.m. subject to the conditions specified in the order.
These provisions include shelter, rest room, night creche, separate toilet, adequate protection of dignity, honour and safety, protection from sexual harassment, and their transportation from the shop or establishment to the door step of their residence.
Any aggrieved woman may make a complaint in writing of sexual harassment at the Court precincts to the Gender Sensitization and Internal Complaints Committee (GSICC) through the Member Secretary. In case the aggrieved woman due to any reason, is unable to make a complaint in writing, she should receive all reasonable assistance for making the complaint in writing by a member of the GSICC or a lawyer or other persons enlisted by the GSICC.
Where the aggrieved woman is unable to make a complaint due to her physical or mental incapacity or death or for any other reason, her legal heir or another person directly concerned with her interest may make a complaint under his regulation.
This particular provision has been made by the district court of Gandhinagar and is restricted to cover sexual harassment occurring within the precincts of the District Court of Gandhinagar and courts under the jurisdiction of the district court of Gandhinagar. This provision does not cover women under the Gujarat Civil Services (Conduct) Rules, 1971.
Source: Section 2 and 8, Gender Sensitization & Sexual Harassment of Women at District Court, Gandhinagar and Courts under the jurisdiction of District Court, Gandhinagar (Prevention, Prohibition and Redressal) Regulations, 2013; Section 13, Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
No government servant should indulge in any act of sexual harassment of any woman at her workplace.
Every Government servant who is in charge of a work place should take appropriate steps to prevent sexual harassment to any woman at such workplace.
Sexual Harassment would incorporate unwelcome sexually determined behaviour, direct or otherwise, such as physical contact or advances; demand or request for sexual favours; sexually coloured remarks, shwoing pornography or any other unwelcome physical, verbal or non-verbal conduct of a sexual nature
Source: Section 3B, Gujarat Civil Services (Conduct) Rules, 1971
Sexual Harassment in West Bengal
No State laws and provisions under this topic.
