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within a time period of 90 days. On completion of the superseded in 2013 by The Sexual Harassment of Women
inquiry, the report will be sent to the employer or the at Workplace (Prevention, Prohibition and Redressal) Act,
District Officer, as the case may be, they are mandated 2013. Pre1997 the person facing sexual harassment at
to take action on the report within 60 days. workplace had to lodge a complaint under Section 354 of
6. Every employer is required to constitute an Internal the Indian Penal Code 1860 that deals with the 'criminal
Complaints Committee at each office or branch with assault of women to outrage women's modesty', and Sec
10 or more employees. The District Officer is required tion 509 that punishes individual/individuals for using a
to constitute a Local Complaints Committee at each 'word, gesture or act intended to insult the modesty of a
woman.
district, and if required at the block level.
7. The Complaints Committees have the powers of civil The Vishaka case brought to the attention of the Supreme
courts for gathering evidence. Court of India, "the absence of domestic law occupying the
field, to formulate effective measures to check the evil of
8. The Complaints Committees are required to provide for sexual harassment of working women at all work places."
conciliation before initiating an inquiry, if requested by
the complainant. Supreme Court Case - Vishakha Vs. State
Of Rajasthan, 1997:
9. The inquiry process under the Act should be confiden
tial and the Act lays down a penalty of Rs 5000 on the In 1997, the Supreme Court passed a landmark judgment
person who has breached confidentiality. in the same Vishaka case laying down guidelines to be fol
lowed by establishments in dealing with complaints about
10. The Act require employers to conduct education and sexual harassment. Vishaka Guidelines were stipulated by
sensitization programmes and develop policies against the Supreme Court of India, in Vishakha and others v State
sexual harassment, among other obligations. of Rajasthan case in 1997, regarding sexual harassment at
workplace. The court stated that these guidelines were to
11. Penalties have been prescribed for employers. Non be implemented until legislation is passed to deal with the
compliance with the provisions of the Act shall be pun issue.
ishable with a fine of up to Rs. 50,000. Repeated viola
tions may lead to higher penalties and cancellation of
licence or registration to conduct business.
12. Government can order an officer to inspect workplace The court decided that the consideration of "International
and records related to sexual harassment in any orga Conventions and norms are significant for the purpose of
nization. interpretation of the guarantee of gender equality, right
to work with human dignity in Articles 14, 15 19(1)(g) and
Penal Code Provisions on Sexual 21 of the Constitution and the safeguards against sexual
Harassement of Women: harassment implicit therein."
Through the Criminal Law (Amendment) Act, 2013, Section
354 was added to the Indian Penal Code 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.
The Vishaka Guidelines were a set of procedural guidelines
for use in India in cases of sexual harassment. They were
promulgated by the Indian Supreme Court in 1997 and were
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14 PR COMMUNICATION AGE July 2016
