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Understanding the Sexual Harassment Act 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, aims to create a safe work environment for women in India by addressing sexual harassment through defined policies and procedures. The Act includes provisions for internal and local complaints committees to handle grievances, and emphasizes the importance of awareness, training, and legal compliance to prevent harassment. The document also highlights the historical context of the Act, including the significant Bhanwari Devi case that spurred legal reforms.
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0% found this document useful (0 votes)
63 views38 pages

Understanding the Sexual Harassment Act 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, aims to create a safe work environment for women in India by addressing sexual harassment through defined policies and procedures. The Act includes provisions for internal and local complaints committees to handle grievances, and emphasizes the importance of awareness, training, and legal compliance to prevent harassment. The document also highlights the historical context of the Act, including the significant Bhanwari Devi case that spurred legal reforms.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

SEXUAL

HARASSMENT
ACT - 2013
Soniya Parwani
2211701116

Naman Gautam
2211701136

Vanshika Gupta
2211701118
Rituraj Singh
2211701133

Akash Shukla
2211701134
Our Team
Karnika Nagpure
2211701156

Tanishka
2211701119

Gauransh Pandey
2211701139

Akshetaa Singh
2211701117
List Of
• Topics
What is PoSH act?
• What is Aggrived
women?
• Workplace?
• Stats
• Bhanwari Devi
case, 1992
Sexual
• Activities
Included
Harassment
• Prevention
• Welcome and Act
unwelcome
behaviour 2013
• It’s all subjective
• District officer
• Responsibilities
• Complain
committee
• Forms and
scenario
• Who and where
can complain?
Sexual Harassment
Act
The POSH Act is a legislation enacted by the
Government of India in 2013 to address the issue
of sexual harassment faced by women in the
workplace. The Act aims to create a safe and
conducive work environment for women and
provide protection against sexual harassment.
The PoSH Act defines sexual harassment to include
unwelcome acts such as physical contact and
sexual advances, a demand or request for
sexual favours, making sexually coloured
remarks, showing pornography, and any other
unwelcome physical, verbal, or non-verbal conduct of
a sexual nature.
WHO IS A AGGRIVED
WOMEN? Aggrieved Women

Visiting a
Working Student
Workplace

For remuneration Employed directly/ Contact Worker/


Domestic Regular/ Probationer/Trainee/
Worker Temporary/Ad /voluntary Through an
Apprentice/called by
HoC/Daily Wager basic/Otherwise agent any other such name
Workplac
e
A workplace is where individuals
perform their job duties. It can
range from offices to factories,
hospitals, and remote locations
due to the advent of technology. It
encompasses not only the physical
space but also the social and
cultural aspects, including
organizational culture and
relationships between employees.
A survey conducted by Stratefix
in collab with NHRD revealed

 Only 8% employees were


aware of Posh act before 2021
 11% said they would leave the
organization rather than
report it
 37% percent repondents
largely women said they have
experienced sexual
harassment
 50% votes unwanted touch as
the most common form of
sexual harassment
 45% faced verbal remarks of
sexual nature in both physical
and virtual workplaces
 17% feared to report
Bhanwari Devi Case
The Bhanwari Devi case played a significant role
in raising awareness about sexual harassment
and ultimately contributed to the formation of
sexual harassment laws in India.

Bhanwari Devi was a social worker and a


government employee in Rajasthan, India,
during the 1990s. In 1992, she reported an
incident of child marriage, which was against
the law, to the local authorities. This led to a
powerful backlash from the influential
community members who were involved in the
child marriage. As a consequence of her
intervention, Bhanwari Devi was gang-raped by
five men, and the incident was intended to be a
form of punishment and humiliation.
Despite the heinous crime, the local judiciary did not
provide justice to Bhanwari Devi. Her case faced
numerous delays, and the perpetrators were not
adequately punished. This miscarriage of justice and
the lack of legal protection for women who reported
sexual harassment and assault galvanized the
women's rights movement in India.
In 1997,in response to this widespread outrage and
demand for change, the Indian government
introduced the Vishakha Guidelines, named after a
separate landmark case, which provided a
framework for addressing sexual harassment in the
workplace. These guidelines were a significant step
towards recognizing the seriousness of sexual
harassment and provided a foundation for the
subsequent formation of laws.
The Vishakha Guidelines were eventually incorporated
into the Sexual Harassment of Women at Workplace
(Prevention, Prohibition, and Redressal) Act, 2013. This
law mandates a safe working environment for women
and lays down specific procedures for addressing
complaints of sexual harassment in the workplace. This
case brought to the attention of the Supreme Court of
India, "the absence of domestic law occupying the field,
to formulate effective measures to check the evil of
sexual harassment of working women at all work places​.
WHAT ACTIVITIES ARE
INCLUDED
• Physical?contact or advances
• A demand or request for
sexual favours
• Making sexually coloured
remarks
• Showing pornography
• Exclusion from group
• Humiliation
• Knowingingly giving too less or
too much work
THE FIRST STEP TO PREVENTION IS RECOGNITION
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
Welcome and Unwelcome Behaviour
IMPACT OF
INAPPROPRIA
TE
BEHAVIOUR
ITS ALL SUBJECTIVE
District Officer (DO)
A District Officer (DO) is a government official in
charge of running things at the local level,
specifically in a district.
Awareness and Education: The DO can promote
awareness about sexual harassment laws and
policies in the district through public campaigns
and educational programs.
Support Services: The DO can work to ensure
that support services for victims, like counseling
or legal assistance, are available in the district.
Policy Implementation: They can ensure
that organizations within the district (such
as schools, businesses, or government
offices) have proper policies and
mechanisms in place to address sexual
harassment cases. The District Officer will
be responsible for carrying out the powers
and functions under the Act at the district
levels (including every block, taluka, tehsil,
ward, and municipality
RESPONSIBILITIES OF THE AFOREMENTIONED
AUTHORITIES
Here are the responsibilities of the Employer or
District Officer when it comes to creating a
workplace free of sexual harassment in five
simple points:
Create and Communicate a Policy: The Employer
or District Officer must make a clear and
detailed policy against sexual harassment and
let everyone in the workplace know about it.
Raise Awareness: They need to ensure that
everyone in the workplace understands what
sexual harassment is and why it's not allowed.
Complaints Committee/s
There are two types of committees for
handling sexual harassment complaints:
Internal Complaints Committee (ICC): This
committee is like a team created inside a
workplace where employees can report if
they experience harassment at work. It's
there to help people in the same
organization.
Local Complaints Committee (LCC): The District
Officer makes these committees for each
district. LCCs deal with complaints from women
working in small places with less than 10
employees. They also handle cases when the
complaint is against the boss. LCCs make it
easier for women in smaller or less structured
workplaces to deal with harassment problems .
ICC is within your workplace, while LCC is
created by the government to help women in
smaller workplaces or when the complaint is
against the boss.
FORMS OF WORKPLACE SEXUAL
HARASSMENT
Generally workplace sexual harassment
refers to two common forms of inappropriate
behaviour :
• Quid Pro Quo (literally ‘this for that’)
 Implied or explicit promise of
preferential/detrimental treatment in
employment
 Implied or express threat about her present
or future employment status
• Hostile Work Environment
 Creating a hostile, intimidating or an
offensive work environment
 Humiliating treatment likely to affect her
health or safety
SCENARIO quid pro quo
Shamima is a lawyer who works as a
researcher at an NGO in Delhi since 2013. Dr.
Bhavan is the director of the organisation and
has always advocated for the cause of human
rights.
During an official field visit to Shimla for 2
days, Dr. Bhavan finds an opportunity to be
alone with Shamima and makes a physical
advance. Despite her protests, he forces
himself on her while giving
lurid and sexually explicit details of his
relationships, both past and present, with
women. When she chastises him and
threatens to make his behaviour public, he
threatens to destroy her career.
Hostile work environment
Scenario
Sukhi is a daily wage labourer working at a
construction site. Every day at lunch time,
Sukhi sits under the shade of the tree to feed
her 16-month old baby. She finds Jaswinder, a
worker, staring at her from the distance.
Sukhi feels uncomfortable and asks
Jaswinder to stay away from her while she’s
feeding the baby. However, Jaswinder
persists and always finds a place near her.
The group of fellow construction workers now
constantly catcall and whistle at Sukhi
every time she walks their way to refill the
cement or mortar
Why We Need Act ?
This law is crucial for
following reasons

Employee Awareness Reporting Penalties Training Preventio


Legal
Compliance Welfare Mechanis n
m
Legal Compliance
It is essential for organizations to comply with the law to
create a safe and respectful working environment for
women.
Employee Welfare
It demonstrates a commitment to the welfare of female
employees by preventing and addressing sexual harassment.

Awareness
Discussing the Posh Act in presentations raises awareness
about the issue of workplace sexual harassment, promoting a
culture of respect and equality.

Reporting
Mechanism
The Act mandates the establishment of Internal Complaints
Committees, which need to be explained in presentations as
an essential reporting mechanism for addressing complaints.
Penalties
Understanding the penalties and consequences for non-
compliance is crucial, as it encourages organizations to take
the Act seriously.
Training
The Act requires organizations to conduct awareness and
sensitization programs, which can be highlighted in
presentations as best practices.

Prevention
Presenting the Posh Act can educate employees and
employers on the importance of preventing sexual
harassment and fostering a more inclusive workplace
PREVENTIVE MEASURES FOR SEXUAL
HARASSMENT
Awareness: It's essential to understand
what sexual harassment is and recognize
when it happens. Educate yourself and
others about what's not okay.
Respect Boundaries: Always respect
personal boundaries. If someone says no
or shows discomfort, stop what you're
doing immediately .
Consent: Consent is crucial. Ask for
permission before touching or engaging
in any sexual activity. Remember that
consent can be withdrawn at any time.
Reporting: Encourage people to report any
instances of sexual harassment. Make sure they
feel safe doing so, and take these reports
seriously.
Anti-Harassment Policies: Establish clear anti-
harassment policies in schools, workplaces, and
communities. Make sure everyone knows and
understands these policies.
Training: Provide training on preventing sexual
harassment. This training can help people
recognize, prevent, and respond to harassment.
Supportive Environment: Create an environment
where victims feel safe coming forward. They
should not fear retaliation.
Social Media and Online Safety: Be cautious with what you
share online and whom you interact with. Don't share personal
information or engage in harmful online behavior.
Bystander Intervention: If you witness someone being
harassed, step in or report it. Be an active bystander to help
prevent harassment.
Empowerment: Teach people to stand up for themselves and
others. Encourage them to assert their rights and say no when
needed.
Equality: Promote gender equality and respect for all
individuals, regardless of their gender or sexual orientation.
Open Communication: Encourage open and honest
conversations about boundaries, expectations, and consent in
relationships.
Legal Consequences: Make sure people understand that sexual
harassment is against the law and can have serious
consequences.
Closing
Statement
Thank
You

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