Posh Act Complete

The Sexual Harassment of Women
at Workplace (Prevention,
Prohibition and Redressal) Act,
2013
Act notified with the Rules with effect from December 9, 2013
Dr. R. Krishna Murthy,

Director,
Industrial Relations Institute of India
09820303236
srmdrrk@gmail.com
1
Sexual Harassment at the Workplace
• Sexual Harassment or ल गक छळ in Marathi or
यौन उ पीड़न in Hindi is a subject that requires
a lot of understanding in the Indian context.
Organisations need to sensitise the workforce
to this aspect of relationships. India is the land
of the Ramayana and Mahabharata, both epics
that have central issues pertaining to how
women have been treated and in fact pertain to
rectification of the wrong committed, which
involved a major battle to avenge the wrong. So
the law on sexual harassment is not new to
those who are familiar with the Indian ethos.
2
PRESENT SITUATION
• By and Large Cases of Sexual Harassment that occur at work place

do not get reported by the complainant for fear of perceived social
stigma.
• In most cases the respondent denies the charges of the
complainant.
• Organizations need to respond quickly and also handle such
complaints and problems with speed and élan. In many cases,
counselling and support to the victim by the female members of the
committee helps and they can assess the case and advise on merits.
This informal interaction will also guide the individual to determine
whether a formal complaint should be filed or the conciliation
proceedings invoked. In many cases, the person is happy if the
accused is cautioned or warned, without disclosing the identity of
the complainant. Where the victims are afraid of backlash, the
committee and organisation must put steps in place to see that no
complainant is intimidated or subjected to retaliatory action by way
of poor assessments, adverse reports or vindictive action from the
respondent. 3
Implications of the New Act
• Sensitising the male workforce to the legal aspects
and dimensions emerging from the Act with serious
consequences to actions, that may have been
prevalent earlier and not uncommon.
• Overcoming some traditional mindsets and beliefs or
more precisely assumptions for example a M.C.
comment
“When a woman says ‘No’, she actually means ‘Yes’”.
“Women, who traditionally did not take notice or press
for written complaints, will now because of the Act
and developments respond and this will alter the
existing paradigm for the better or worse depending
on whether you are a male or a female.”
4
Raj Kapoor: (Hero)
(Mere man ki ganga, aur tere man ki jamuna ka Bol Radha bol, sangam hoga ke nahin) - 2
Arre bol Radha bol, sangam hoga ke nahin?
Vaijayanthi Mala (Heorine): Nahin, kabhi nahin
--MALE--
Kitni sadiyaan beet gayi hain,Haai tujhe samjhaane mein
Mere jaisa dheerajwaala, Hai koi aur zamaane mein
Dil ka badhta bojh kabhi kam hoga ke nahin
Bol Radha bol, sangam hoga ke nahin
Mere man ki ganga, aur tere man ki jamuna ka, Bol Radha bol, sangam hoga ke nahin
Arre bol Radha bol, sangam hoga ke nahin?
--FEMALE-- Ha ha ha, jaa jaa
Do nadiyon ka mel agar,Itna paawan kehlaata hai; Kyoon na jahan do dil milte hain
Swarg vahan bas jaata hai; Har mausam hai pyaar ka mausam hoga ke nahin
Bol Radha bol, sangam hoga ke nahin;Mere man ki ganga, aur tere man ki jamuna ka
Bol Radha bol, sangam hoga ke nahin;Arre bol Radha bol, sangam hoga ke nahin
--FEMALE-- Nahin, nahin, nahin
--MALE-- Teri khaatir main tadpa yun;Tarse dharti saawan ko;Radha Radha ek ratan hai
Saans ki aawan jaawan ko; Patthar pighle dil tera nam hoga ke nahin;
Bol Radha bol, sangam hoga ke nahin;Mere man ki ganga, aur tere man ki jamuna ka
Bol Radha bol, sangam hoga ke nahin; Arre bol Radha bol, sangam hoga ke nahin
--FEMALE-- Jaao na kyoon sataate ho, hoga, hoga, hoga !!!
5
A Stalker’s Defence in Australia –
Bollywood Made Me Do It!!
Jan 29, 2015 Indian Express/Times of India
• An Australian lawyer has successfully argued that his client, a 32-
year-old Indian-origin security guard who emigrated to Tasmania
three years ago, should not go to jail for up to five years for
stalking a woman, because Bollywood movies had taught him
that pursuing a woman hard enough could make her fall in love
with a man.
• The Tasmania magistrate Michael Hill heard from Sandesh
Baliga's lawyer Greg Barns, that it was “quite normal behaviour”
for Indian men to pursue women in a way that could count
constitute a criminal offence of stalking in Australia.
• The Magistrate adjourned the complaint without conviction for
five years on the condition Baliga was of good behaviour over the
period. He said the charges were serious but “after anxious
consideration” he believed recording a conviction would affect
Baliga’s job prospects. 6
Challenges for the organisation.
• The Law creates an environment where women
know their rights and can take the organisation to
task if it is found wanting to Act on complaints of
Sexual Harassment.
• A reluctance to complain and come into the
limelight is still a formidable barrier to overcome
and inspite of the Act, in the Indian society, a lady
who complains cannot take support from her
family, colleagues at work or society for granted.
The need to go through a formal process is also
intimidating. 7
Harassment at the workplace
Common and uncommon things that take place:
• Roving Eye Disease and Elevator Eye Syndrome – Looking a lady up and down, -
staring continuously - not permissible and can constitute an offence. Not
permissible even if you are wearing dark goggles and ogling is an offence.
Scanning and creating discomfort with scanner frequently getting locked on the
breast! Staring may be clueless and annoying, but generally, staring would not be
classified as sexual harassment. But it can become one issue in a complaint of
sexual harassment.
• Lecherous Lothario Syndrome –
Who is a Lothario? Merriam Webster defines a Lothario as a Casanova, Lecher,
Lounge Lizard, Philanderer, Wolf, Satyr or a Womanizer.
What is Lecherous ? It is showing an excessive of disgusting interest in sex.
Uninvited and unwarranted touching or attempting physical contact on the sly and
stalking a woman is typical of a lecherous lothario. Indian example or Ignominy:
Governor or Andhra Pradesh, N. D. Tiwari resigned after a CD showing his
sexcapade emerged and he was also involved in a Paternity suit, that ended
following his owning up his “son” after he was compelled to undergo a DNA test.
Bill Clinton who denied his sexcapade with Monica Lewinsky. 8
Alpha Male Syndrome:
In the Alpha Male Syndrome, Kate Ludeman and Eddie

Erlandson tell us that alpha males “are aggressive, results-
driven achievers who insist on top performance from
themselves and others.”1 At the extreme, “alpha anger is
explosive, alpha competitiveness is ruthless, and alpha
aggressiveness and urgency is in the red
zone.”2 Importantly, Ludeman and Erlandson continue,
“the alpha male drive for dominance that once assured
the survival of the toughest has become increasingly
maladaptive”
Arnold Schwarzenegger, in the US of A, Salmaan Khan
from India or even Amitabh Bachhan can be considered as
Alpha Male types.
Alpha Males clamour for attention and dominate.
Dominance and aggressiveness can be misinterpreted. 9
When Handshake can become
Harassment?
• Refusing to leave the hands and continuing to clasp the hands
when the lady is intending to withdraw her hand beyond a
reasonable time could be considered as harassment.
• Clasping the hands offered for handshake and a peck on the
cheek - not kissing, or squeezing the shoulder/neck in
affectionate manner can be considered as unwarranted and may
become a complaint.
• “Creepy feeling” or attempt to “Feel All Over” through a
handshake – complaint may not be sustainable but this impact or
feeling cannot be ignored from the “Creepo”. A woman’s sixth
sense or subjective feeling has to be respected and
acknowledged though the male folk may deny this.
• Asking the lady employee to shut the door, sitting with her by
her side and tapping her lap or back in appreciation can be
certainly construed as an attempt at sexual harassment, if the
lady were to complain. 10
Common Harassment at workplace
• Passing lewd comments when the lady walks by
or in her earshot – cat-calls, wolf-whistles,
winking or brushing against the lady allegedly by
mistake, but done deviously for physical contact.
• Making annoying calls, late night calls only to
the women employees, sending sms’s, emails
and one-way display of affection, following the
person (stalking) during working hours, lunch or
after the working hours with a view to start a
relationship all fall within the categorisation of
“unwelcome advances”
11
v Calling the lady employee for meetings and discussions
and asking her to close the door and sitting close to her or
making her do work in the cabin and then discuss “official
matters” or going through the work of the lady staff
members meticulously, while the male members are not
even required to come into the cabin and the manager
prefers to go and talk to them at their tables. Cabin reserved
only for the ladies.
v Making phone calls to the ladies at after the office hours
and at odd hours of the night with the avowed purpose of
discussing official matters or asking for information and
prolonging the conversations on some pretexts.
v Insisting on the lady sitting behind on the two wheeler
or on the front seat in the car and working together, cracking
ribald jokes and double entendre
12
Handling Complaints of Sexual Harassment at the
Workplace
Harassment at the Workplace: Air India Case
The Indian environment – Sexual Harassment – Perquisites and
Privileges misconstrued and behaviour not in keeping with
traditional norms.
Lady Secretaries, working and travelling together and office
affairs are not new in the Indian environment. But when the
official power and authority is exercised to secure a sexual
favour or benefit, it amounts to harassment.
Shape Up or Ship Out – Comment by the CEO – How is it
perceived by the lady employee – Subjective assessment
matters.
Complaint of Sexual Harassment by Male – not taken cognisance of under
Act but may be acted upon by the Company under its own guidelines.
SMS by Vice President that led to a complaint of Sexual Harassment – What
constitutes Evidence in complaints of sexual harassment.
13
A Popular saying :Lightning does not strike the same place twice.
Phaneesh Murthy, precisely did that. When he was at Infosys, there was a
complaint of sexual harassment filed by Ms. Reka Maximovitch, and Infosys
paid $3million as out of court settlement.
Again in iGate, Phaneesh Murthy was sacked by the Board for not reporting the
relationship he had with Ms. Araceli Rozi, the Investor relations Head who was
pregnant with Murthy’s child and she refused to Abort, though Murthy
pressurized her to do so.
The matter has been settled for an undisclosed sum. Phaneesh Murthy
admitted to a mistake stepping out of his marriage. He married a colleague
who was also doing her Management at IIM- Ahmedabad and has two sons
aged 21 and 17. Mr. Murthy was 50 years old when this incident occurred and
his wife was 48 years old.
Mr. Murthy attributed his relationship with his wife not being very good and he
was working at it and what he has done cannot atone for his wrong doing of
stepping outside the marriage. The fact that he was travelling 20-22 days in the
month was not a good enough reason for his behaviour and conduct.
14
iGate pays $4.6 million to settle with
Phaneesh Murthy
• iGate announced that it reached an out of
court settlement with Phaneesh Murthy in
the defamation and breach of contract case
it had filed. All cases have been dropped
and the matter has been resolved. Both
parties have an agreement not to reveal
details about the terms and nature of the
settlement.
• (TOI Feb 6, 2015)
15
Ex-Employee Sues WIPRO in UK for 1
Million Pounds (Approx 10 Crores)
• Shreya Ukil, 39 who was the head of sales for
manufacturing and Hi-tech for Europe in her stint with
Wipro alleged that he had been subjected to “aggressive
sexual advances from her Boss and former senior VP and
Global BPO head, Manoj Punja, when she was transferred
from Bengaluru to London in 2010. She alleged that her
salary was half of what her male counterparts received
and Wipro’s misogynistic culture affected her career said
reports based on filings with the Central London
Employment Tribunal where she has filed a sexual
discrimination and unequal pay claim. She is unemployed,
where Mr. Punja is a US citizen currently executive VP
Microland (USA)
16
Company Response
• T. K. Kurien, CEO, WIPRO stated that the company
was committed to equal employment opportunity
and in ensuring a work environment free from
discrimination and harassment. He called Ukil’s
allegations scurrilous and the company contested
fiercely the allegations.
• Ukil, has a Master’s Degree from Leeds and started
her career from Cisco and she worked for nearly a
decade at WIPRO. She was overseeing 82 accounts
and working under Mr. Punja, a WIPRO veteran with a
23 year stint with the company and he was appointed
as CEO of the BPO business. Both were terminated by
the company in 2014 after an inquiry established they
had violated rules and did not disclose their “affairs.”17
WIPRO
UK Complaint – Both claim vindication
Shreya Ukil took Indian IT giant Wipro to court in 2014 making stunning allegations of sex discrimination,
unfair dismissal and verbal abuse by her colleagues in London. According to the news report which NDTV
publicized,the city's employment tribunal has reportedly ruled in her favour, which found evidence against
"some in the senior leadership in Wipro" of being 'sexist and unfair'.
•
Wipro, however, said in a statement, "Wipro Limited is pleased the UK Employment Tribunal has upheld the
dismissal of the complainant from the services of the organization as appropriate and rejected claims of
adverse cultural attitude towards women in the organization.“
•
Ms Ukil, 40, moved the tribunal in September 2014, three months after she was fired as Wipro's Head of
Sales, Europe. She had moved to London in 2010 after working in the company's Bengaluru office for seven
years.In her lawsuit, she alleged that she was paid half of what her male counterparts in London made -
close to 160,000 pounds a year.She also said she was routinely subjected to sexist remarks by senior
colleagues who called her "shrill', 'shallow', 'un-European' and 'bitch' among other names.
• "Women who are confident, capable and express their viewpoints are often called emotional, menopausal by
some male peers," Ms Ukil told NDTV, describing how she was harassed, cornered and even blocked from
moving to other roles in Europe.The tribunal found evidence of what she described as consistent attempts at
victimization, but said there was no proof that she was sexually harassed. It also said her sacking was unfair
but not "wrongful".
• "This judgement raises serious questions on whether the company is ethical in dealing with women who
raise allegations of inequality and sexist behaviour. The atmosphere was predatory, misogynistic and sexist. I
raised numerous red flags before the management and internal Ombudsman. When the issue wasn't
addressed I resigned. But they rejected my resignation to fire me later when I was on sick leave," Ms Ukil
said.The tribunal will now decide how much Wipro owes Ms Ukil for what she went through, not just
financially but also mentally."It is very good news for Shreya Ukil... It is for companies like Wipro to judge
how damaging this is and learn lessons on how to deal with internal complaints in a fair manner, " said Kiran
Daurka, Ms Ukil's lawyer.
18
As per the report in Economic Times, the judgment also found that the
claimant did lie about the existence of relationship when asked, and tipped off
Punja about the investigation, despite having been told in express terms to
keep it confidential and knowing that she should not do so. It also found that
the claimant was unfairly not given an opportunity to put her case at a
disciplinary hearing because the respondent refused to postpone the
disciplinary hearing. , in the face of evidence that she was, on account of her
health, not fit enough to participate at the scheduled time.”
The judgment also concluded that having regard to the seriousness of the
conduct, the basic award would be reduced by 75% so that it would be only
25% of the amount that would have been ordered.
The judgment also adds that Ukil’s Complaints of “direct sex discrimination”,
“victimization in respect of being required to return to India in 2014:,
“victimization in respect to rejection of a complaint filed in January 2014” and
another complaint in June 2014”, victimization in relation to blocking of
attempts to finding another job in Europe in 2014”, and “victimization in
respect of bringing of disciplinary charges, refusing to accept the claimant’s
resignation and dismissal” had been awarded in favour of Ukil.
However, the dismissal by the Company was upheld and the Tribunal rejected
the claim of adverse cultural attitude towards women in the organisation. 19
Ø The Supreme Court taking suo moto notice of Blog and setting up
an investigating Committee consisting of one lady Judge and Two
other sitting judges of the Supreme Court.
ØShe (Stella James) wrote the blog in the Journal of Indian Law and
Society. D:\documents\desktop\IRII Conference on Sexual Harassment
at the workplace\JILS Blog.docx that saw some record hits at the site
and made the Supreme Court suo moto act in the matter. Erstwhile
judge of the Supreme Court, Justice Gangully, who was indicted by the
three Bench panel. But strangely the Supreme Court held that it could
not award any punishment in the matter as he was no longer a sitting
Judge. The lady’s complaint was found to be substantiated and
Gangully held guilty of sexual harassment. Mr. Gangully, heading the
Human Rights Commission in West Bengal resigned but it was after a
Presidential reference was made that led to his resignation. He has
however denied the charges and rebutted the allegations levelled
against him.
20
Ø The Tehelka Editor – Tarun Tejpal’s recusing himself for 6 months
following unprofessional behaviour with a lady colleague in the lift in Goa,
where they had gone for two days. Shoma Chaudhary’s response and
absence of the Committee to take cognisance of the complaint leading to
Goa Government initiating Criminal Proceedings against Mr. Tarun Tejpal.
His email will be used as evidence against him.
Ø Mr. Tarun Tejpal, was denied anticipatory bail and had to spend three
months in the jail and the Supreme Court bailed him out, after his mother
had died. More than three months have passed inspite of the Supreme
Court directive to the Magistrate to give him the tapes and documents on
which the prosecution is relying on for his prosecution, but it has still not
been done and permission to proceed with the trail has been denied till
this is done.
Ø Two of the three employees in whom the lady had confided have quit
employment, but have deposed before the Goa Police. The Lady Concerned
has also gone to Goa and lodged her complaint and given her evidence
before a Magistrate, who has recorded the evidence. The Goa
Government, headed by the BJP, is working to ensure conviction of the
Editor, some say in spite for the sting operation Tehelka had done on the
BJP. 21
Rajendra Pachauri – Heading Intergovernmental Panel on Climate
Change – Awarded the Nobel Peace Prize (2013) - Removed
• Head of Delhi based TERI – The Energy and Resources Institute of

which he is Director General quit the UN Climate Panel as Chairman
and also went on leave following allegations of sexual harassment.
(74 year old Pachauri faced a complaint from an intern 29 years
old).The lady lodged an internal complaint and also complaint with
the police. High Court has granted bail to Dr. Pachauri and who
started reporting for work. The lady complained to the Governing
Council, that has removed him and named a replacement for Dr.
Pachauri. The lady has alleged that he has sent sms’s and sexually
harassed her during the last two years. She has deposed before the
magistrate. He also resigned from the Indian Climate Change Panel
as well as from his international positions.
• Pachauri's emails, sms and what's app messages.docx 22
Complainant Resigns -Nov.4,2015
• It is reported that the lady who had complained against RK Pachauri heading The Energy and Resources Institute
(TERI) has resigned claiming that she had been “mistreated” in the “worst possible manner”. The research analyst
has hit out at TERI for creating what she has termed as a “hostile environment” which “only escalated and showed
no signs of subsiding whatsoever.”
• She also expressed anguish over the conduct of the Governing Council. She said that the Governing Council had also
let her down in an unprecedented way and she refuses to be associated with an organisation which did nothing to
ensure that her career was not harmed. She alleged that the organisation harmed her mental, professionally and
financially. She said that TERI failed uphold her interests as an employee, let alone, protecting them. She alleged that
TERI protected Pachauri and provided him with full immunity, despite being held guilty of sexual harassment at the
workplace by its own inquiry committee.
•
• Expressing her regret at the actions of the governing council she stated that the council could not even suspend a
man pending inquiry and took no action despite the indictment.
•
• Tendering her resignation, she stated that her work profile was changed and the organisation paid deaf to her
requests for not doing so. No explanations were given for changing her profile and she obtained vague responses
from the organisation and hence she was tendering her resignation.
•
• She has resigned without prejudice to her rights to claim salary, damages and other costs for the gross misconduct
and mental torture meted out to her at the workplace apart from taking all pending litigation to their logical
conclusion.
• Dr. Pachauri has assailed the verdict of the ICC finding him guilty of the charges of sexual harassment and the
appellate Industrial Tribunal had stayed the operation of the report. The lady has challenged the matter in the Delhi
High Court and the High Court had given notices to both parties and they have already filed their affidavits as well as
rejoinders to the affidavits in the Court. With her resignation, the matter will now be pursued in the High Court. Dr.
Pachauri was given permission by the Court to travel aboard and the Court had directed Dr. Pachauri to give copies of
the tickets to the police and on return, he had to report also to the Court. Dr. Pachauri has denied the allegations
against him but the lady had given all details of the emails and sms that were sent to her.
• 23
SMS’s of Dr. Pachauri to the lady
7.09.2013 at 9:22 pm.
My LIFE your good wishes have brought me safely home? Will ever your love bring
me safely into my real home your warm heart!
SMS sent by the Lady to Dr. Pachauri on 08.09.2013 at 2:07 pm.
Dear Dr. Pachauri, not really annoyed but sure I do have some concerns and I
thought your phone would be dysfunctional since you're abroad so didn't sms back.
See you for when you are back to TERI. Regards.
SMS sent by Dr. Pachauri at 08.09.2013 at 2:32 pm.
My LIFE that briefly was! Sure. I shall try to suppress my human feelings, and live
with a sad restraint on my words and actions. Never to make you uncomfortable or
stressed on my account! :(
SMS sent by Dr. Pachauri on 17.09.2013 at 9:18 pm.
My LIFE I get the sense that you get embarrassed when I say anything
complimentary which is truly genuine and from the heart. Do please tell me if you
would prefer that I stop doing so! :s
I mean it. I never want to make you uncomfortable even if it requires curbing my
own instincts! O:)
SMS sent by the Lady to Dr. Pachauri on 17.09.2013 at 10:30 pm.
Hi Dr. Pachauri, yes I do get a little embarrassed and also feel overwhelmed. I'm
sorry I just saw ur msgs.
24
I never thought I was so repulsive to you, and never in the past few days have I thought
that you wouldn't believe me when I tell you that I love you! I never have lied and never
will lie to you!
Sms sent by Me on 01.10.2013 at 9:38 pm.
I never said you were so repulsive. I came all the way just to keep my word and do wat u
I best do talk genuinely. As a woman and a 21st century woman deserve the right to say
that you kindly shouldn't try and or just hold me close or kiss me. I just got to the metro.
SMS sent by Dr. Pachauri on
1.10.2013 at 9:53 pm.
OK, but please don't say I don't love you. That hurts very much, particularly when I have
bared my heart to you, and you are aware of how every breath of mine has you at the
centre.
SMS sent by Me on 01.10.2013 at 09:56 pm
Forgive me for saying so but Love isnt frivolous. I did think you may have had or have
feelings which just state that you like me but love is something big. Anyway, as my
responsibility I will msg you when I reach home.
SMS sent by Me on 01.10.2013 at 10:01 pm.
I ain't and don't wish to be just a pretty face in your office.that hurts and is a bit
demoralizing. Im much inexperienced and no where near where you are. I will never do
anything out of line with my conscience or take advantages. I ain't made that way at all.
25
And you think all this is frivolous. That is an unkind cut. And you need not feel responsible
about sending me a message when you reach home. I am sorry for my actions. I shall be
very very restrained now. I am not a cheap philanderer as you are trying to convey.
SMS sent by Dr. Pachauri on
1.10.2013 at 10:12 pm.
And just to prove to you how much I love you, I shall go on a fast after the cricket match
tomorrow. I will break the fast only when you tell me that you believe I love you with
sincerity and unfathomable depth.
All right we have our respective perceptions which differ, and we can live with them and
also let live. Perhaps some day you would know how sweet and sublime my feelings for
you are! I shall not call off my fast till you fully believe that sacred truth.
SMS sent by Me on 01.10.2013 at 10:22 pm.
I do believe you and you know it but I felt a little violated. Please you are not to grab me
and or kiss me.
All right! I've got the message. I wish you would see the difference between something
tender and loving and something crass and vulgar. You obviously don't! So I shall slink
away and withdraw! Farewell my sweet. But I insist on the fast just to hear you say that
you believe I really love you!:(. 26
Besides I want to punish myself for alienating you!
And losing the most wonderful girl I've ever met!:(
I told you that bit that I can get over you, but will love you at the same time. You said love
is big. I assure you it can't be bigger than what resides in my heart!3
I hope you're cool and far from nervewrecked! If it is any comfort at all I want to assure
you that I love you in the most sublime, wholesome and genuine way. Never would I do
anything to you or for you that you don't consider supremely beautiful!33
SMS sent by me on 02.10.2013 at 5:00 pm.
I am a little less nervewrecked now and I hope you eat something soon. Have a good trip
to Poland Dr. Pachauri and I'll see you next week. Best regards.
SMS sent by Dr. Pachauri on 02.10.2013 at 10:04 pm. I cannot live with the fact that you
think so poorly of me!
SMS sent by me on 02.10.2013 at 10:07 pm.
I don't and I told you so as well. But if there is something I felt inappropriate or
uncomfortable about, I must do let you know. I take a lot of time to open up with people
but anyway I agreed when you said that to leave it yesterday itself. Please just get some
good rest. 27
Pachuri’s Emails as posted by the Lady
I SHALL WITHDRAW
• Myriads of living beings and objects inanimate too
• Are attracted to others which compels them to traverse
• Unfathomable distances merging with those unknown or in their quest,
• Which is nature’s wondrous power moving the whole glorious universe.
• The essence of these verses is not a venture in astronomy,
• Nor is it driven by the stupid arrogance of trying to explain
• The movement of heavenly bodies in this infinite expanse of creation,
• Just a weak confession this is of my truth in Queen’s reign.
• And the nearest analogy I can uncover of somewhat similar attraction
• Is that of a moth around a candle and its tragic fate,
• Where the intense heat and fire are for the moth coldly destructive,
• But the fire that beckons me does my drab life magically rejuvenate!
• Never in the days bygone have I been inspired thus
• To give a girl joy and love rendered as a selfless offering
• But she is my queen, whose goodness and virtue are matched
• Only by her beauty, and in my soul she induces a sublime stirring.
• Hence, now I dream of her sweet and generous indulgence
• To let me love her in earnest for many years hence, I'll never expect
• Any regal gifts in return but only her love and care, and licence
• To let me love her with intensity unlimited and totally unchecked.
• And if her heart is faint and fails her soul my song to resonate
• Then I pledge to the heavens above that no girl shall I love any more;
• Never to smile again, the joy she bestows will I quell with perennial pain, And I shall into my shell for the
28 rest
of my days woefully withdraw!
High Court Notice to Govt,Teri Pachauri on plea of lady
• Delhi High Court of Chief Justice G Rohini and Justice Jayant Nath issued notice to the
Government, Police and Dr. Pachuri to file their reply to the plaint of the lady by Feb
7, 2016 on charges that undue influence and pressure was being brought to “settle”
• The report of the ICC which found Pachuari guilty and also offered monetary
compensation to the lady was stayed by the Industrial Tribunal on an application by
Dr. Pachauri on May 29 on the grounds that it was against the Principles of Natural
Justice.
• The lady had appealed to the Tribunal to set aside the said order so that the
Governing Council of TERI is made to act on the ICC report. The complainant has
accused TERI and its Governing Council of "remaining mute spectators" to the
damaging ICC findings against Pachauri and deliberately giving Pachauri "ample
opportunity" to move the court and obtain ex parte stay on the ICC report.
• In a separate reply, the complainant has made disclosures about the alleged sexual
harassment and intimidation meted out to her at the hands of Pachauri.
• Pachauri had a "fiduciary relationship" with her and Pachauri "misused" his position
to "sexually harass, mentally and physically torture" her to make her "have sexual
relations with him". The research analyst has stated that the 74 year old "tried to take
control over" her life.
• She has submitted that Pachauri was the age of her grandfather. "However, his
conduct was full of sexual innuendoes, comments and harassment asking for sexual
favours like hug, kiss, holding hand and telling her that he wants to make love to her",
reads her reply.
• She has told the tribunal that despite she not being entitled to travel in business
class, Pachauri would "ask the organizers to fly her by business class so that she29could
sit with him and he would then attempt to hold her hand, touch her, feel her".
Criminal Case Filed by Delhi Police
• More than a year after a 29-year-old woman
complained to the police about Rajendra
Pachauri, formal charges have been filed
against Mr. Rajendra Pachauri on February
29, 2016. According to news reports the
charge sheet runs to 1,400 pages and
includes allegations of stalking, criminal
intimidation, and sexual harassment.
30
When the Fence starts eating the crop
Deputy Inspector General Mr. Sunil Paraskar (Protection of Civil
Rights) was accused by a 26 year old model and also allegedly threatening
and trying to exert pressure on her not to lodge a police complaint.
Maharashtra Govt. has suspended him pending enquiry and the matter is in
court. The victim also alleged that Mr. Paraskar and his wife threatened and
exerted pressure not to file a complaint of rape, a week before the lady
decided to approach the Police Commissioner Rakesh Maria. He has also
reported sent several text messages urging her not to file the complaint and
they could settle the matter. Mr. Paraskar has allegedly raped the model at a
Madh Island Bungalow and a case of rape and molestation was registered
against Paraskar on the lady's complaint on Thursday July 24, 2014. Mr.
Paraskar has got bail from the Court though police custody has been sought
by the prosecution.
The Criminal Court on December 4, 2015 acquitted Mr.
Sunil Paraskar and dropped all charges against him. He
is now back on the job after more than a year.
31
Women Judge – 3 Judge Panel to Probe Sex Abuse
The Supreme Court Chief Justice H L Dattu has set up a
three-judge committee for a “deeper probe” into the
complaint made by a lady judge of the Madhya Pradesh High
Court against the Chief Justice who reportedly wanted her
to dance to an item number at his wedding anniversary. The
Committee has concluded that there were no prosecutable
evidence and also expressed its disappointment at the
public celebration of a personal matter.
The Committee also found that the evidence of the lady
judge inconsistent and not clinching to implicate the judge
and the matter has been disposed off with the comment
that the charge of sexual harassment is not proved. A big
relief for the judge and a great disappointment for the lady
judge who resigned because she was transferred. 32
Complaint by Lady Judge of Himachal
Pradesh of Sexual Harassment
• A Civil Judge cum Chief Judicial Magistrate in Himachal
Pradesh has been placed under suspension following a
complaint by a woman colleague that he had allegedly
harassed her.
• Chief Justice Mansoor Ahmad Mir of the Himachal Pradesh
High Court has ordered a probe into the allegations of the
woman of the same rank who was asked to attend a
conference much earlier than the Conference dates in
Manali from June 11 to 13 on Drug Menace in India –
Overview, Challenges and Solutions”.
• The accused Judge had asked her to accompany him to a
resort on June 8 and allegedly misbehaved with her. The
High Court has directed the matter be investigated within
two months and the report sent to the High Court for
action. 33
Landmark Madras High Court judgment – 1.68
crores compensation awarded to lady
• Claim by the lady for 28,88,55,500/- under 12 different headings
Nature of Claim Amount claimed
Bonus for the first year 21,60,000
Arrears in Salary 11,62,000
Severance Payouts 1,17,00,000
Bonus for the second year 18,00,000
For Non revision of salary 67,50,000
Failure to send to the USA 3,51,00,000
Non Compliance of severance Procedures by
company 3,51,00,000
Not Paying bonus on 2nd year 18,00,000
Not providing learning opp. 26,10,000
Not providing Stock Options 4,50,00,000
Loss of Employment Opp. 5,76,00,000
Damages for POSH Failure 9,07,00,000
TOTAL 28,88,55,000
34
Breach of contract – claim on sexual
harassment -1.68 crores compensation
• 135. As I have indicated earlier, the 12th head of claim is for compensation, not claimed directly for the
injuries suffered on account of the alleged sexual harassment, but claimed on account of the failure of the
first respondent to constitute a Vishaka committee. If the first respondent had constituted a Vishaka
committee, perhaps the parties would have avoided a series of litigation including civil and criminal and the
consequent legal harassment to each other. Two things could have happened, had a committee been put in
place. The petitioner could have complained to the committee and got her grievance vindicated. If the
committee had found her allegations to be untrue, the matter would have ended there. In the first
alternative, the petitioner would have continued in employment and the offender thrown out of
employment. In the second alternative, the petitioner would have been legally compelled to go out without
any legitimate claim against the company.
• 136. But, the non constitution of the committee, has actually resulted in the damage suffered by the
petitioner being unquantifiable. Therefore, all that an Arbitrator could have done, had he arrived at the
correct conclusion with regard to the 12th head of claim, is to have awarded an ad hoc amount as
compensation, without any scientific formula being available with mathematical precision. What the
Arbitrator should have done but failed to do, is what I can do now.
• 137. Therefore, considering the status occupied and the position in which the petitioner was
employed in the first respondent organisation and considering the opportunities that she lost on account of
the non constitution of the committee, I am of the view that the grant of an amount equivalent the
severance benefit of Rs.1,68,00,000/-, as compensation towards the 12th head of claim, would be
appropriate.
• 138. Therefore, in the result, the original petition is allowed, the arbitration award is modified to the
effect that apart from the compensation awarded by the Arbitrator, the petitioner will be entitled to an
additional amount of Rs.1,68,00,000/- (Rupees one crore and sixty eight lakhs only) towards compensation
for the 12th head of claim. This amount shall be paid by the first respondent within a period of two months
from the date of receipt of a copy of this order.
35
Employer gets 7 years Rigorous Imprisonment
for Raping Staff
Justice Sadhana Jadhav of the Bombay High Court imposed the
punishment of 7 years rigorous imprisonment against the employer
Mr. Aftab Shaikh who employed the lady from December 2010. She
was engaged for collecting dues from jewellery shops and other
outlets. On December 17, 2010 under the guise of collecting money
from a customer, he took her to a Hotel in Juhu and allegedly raped
her. The lady stopped going to work after the incident and tried to
commit suicide and left a note to that effect and consumed rat poison.
A police complaint was then lodged. She was however saved and the
doctor who examined the survivor also testified that she was raped.
The Court also ruled that the lady would be eligible for compensation
under the newly framed law and an amount ranging from 1.5 lakh to 3
lakhs would be payable depending on her rehabilitation needs.
(TOI 28/7/14)
36
Delhi High Court – P. C. Kataria v Chairman
& Managing Director, National Fertilizers
Ltd. 2014 LLR 6
• Company docked the Gratuity but he was not
terminated for sexual harassment but another
misconduct. The court observed that sexual
harassment was an act of Moral Turpitude, which is a
ground for disqualifying a person from Gratuity.
• The Delhi High Court held that employee was not
involved in any act of sexual harassment and was
involved in an irregularity, that could not be termed
involving moral turpitude and hence company asked
to pay Gratuity to the employee.
37
Termination of Service – Sexual harassment2012 III
CLR 948 Gujarat High Court – No separate enquiry
needed to terminate employee found guilty of sexual
harassment by ICC
The petitioner – Mazdoor with respondent No. 2 challenges impugned
order of the termination of service, on account of complaints of
sexual harassment made against him and the award of the Labour
Court holding that the said termination order was not illegal.
It is held that as per the law settled by the Apex Court, when the trail
Court permits recording of evidence for the proof of misconduct,
committed by the delinquent, no charge sheet is required to be
issued to delinquent, unlike a regular domestic enquiry. There is no
merit in the contentions raised by the petitioner.
38
No High Court reprieve for 2 College
Teachers
• TOI 11/2/2015
• The Bombay High Court refused any reprieve to two
college teachers facing allegations of sexual harassment in
two separte cases.
• Gautam Bhong, Former Vice-Principal; of Abasaheb
Garware College in Pune is accused of sending lewd text
messages to a student. His plea for interim relief was
rejected by a Division bench of Justices Vasanti Naik and
CV Bhadang. The same Bench also dismissed on technical
grounds a petition by lecturer Narendra Kumar Shah of
Ghanshyamdas College, Malad, challenging a punishment
imposed by the college following a complaint of sexual
harassment. His two increments were docked. They were
directed to exhaust internal appeals against their orders.
39
Indian Doctor – Physiotherapist
• July 17, 2015 Ireland report – Nepal Cricket Team Physiotherapist,
has been accused of sexually assaulting a Masseuse in Northern
Ireland. Dr. Aijaz Bashir Ashai is accused of behaving
inappropriately with the lady concerned and sought her to
massage his groins and buttocks and had appeared without the
underpants as required and forcibly pushed her hands to his
private parts. Dr. Ashai has been dismissed by the Nepalese
Cricket Team and had to stay back in Ireland over the case. He has
been accused by several women in India of inappropriate
behaviour with them when he called them over for treatment. A
lady also complained of forcible rape that she was compelled not
to reveal in the interest of her family and children. It is reported
that he was sacked because of these complaints in Saifee Hospital.
Dr. Ashai stated that these false stories were spread by his
detractors who were jealous about his stature and standing in the
profession.
40
Yoga Guru Bikram Choudhury in Hot
Water - $7.5 Million punitive damages
• Los Angeles jury on Tuesday, January 26, 2016 awarded more than $6.4 million in the first
of a series of lawsuits against renowned yoga guru Bikram Choudhury in which women
accuse the founder of the popular Bikram yoga style of sexual misconduct.The verdict
marks a significant financial and legal blow to Choudhury, who claimed millions of
followers in a global empire centered around “hot yoga,” performed in sweltering rooms.
• The case involved a lawsuit by his onetime legal advisor, Minakshi Jafa-Bodden, who
alleged that Choudhury sexually harassed her while she worked for him and that she was
fired after she began investigating claims that he had raped a yoga student. Six other
women in recent years have filed civil lawsuits accusing Choudhury of sexually assaulting
them.Choudhury has denied any wrongdoing, and Los Angeles County prosecutors decided
not to file criminal charges in several cases, saying there was no corroborating evidence.
• The Beverly Hills resident testified Tuesday that he has spent millions of dollars on legal
bills in recent years and that his Los Angeles-based yoga business has waned, leaving him
nearly bankrupt.“I have to borrow money from my family and friends,” he told jurors. “I
have no money.”
• Under cross-examination, Choudhury admitted keeping a fleet of up to 40 luxury cars —
including Bentleys, Ferraris and Rolls-Royces — in a Van Nuys garage. Tuesday’s award of
punitive damages came on top of more than $924,500 that jurors awarded Jafa-Bodden in
compensatory damages Monday.
• “I feel vindicated, I'm elated,” Jafa-Bodden said after the verdict, describing Choudhury as
“a dangerous, dangerous predator.”
41
US Update: Ellen Pao loses
discrimination case.
• Ms. Ellen Pao in Silicon Valley sued venture capital
firm Kliener Perkins Caufield & Beyers for failing to
promote her from her position as Junior Partner, while
several male colleagues with similar performance
were allowed to advance. She alleged her standing at
the firm plummeted after she ended an affair with
Partner Ajit Nazre, and she alleged that the firm fired
her because she filed the law suit against the
company. On Friday, March 27 2015, the Jury hearing
the matter returned a verdict which went against all
claims of gender discrimination against the company.
42
Supreme Court relief to Colonel in Army for
calling his subordinate officer – A Whore
In 2004, a woman officer of 28, Air Defence Artillery Regiment submitted a written
complaint of sexual harassment against a Colonel, the commanding officer of the
unit, to the General Officer Commanding.
The General Court Martial found him not guilty. Retrial was ordered on grounds that
the GCM did not appreciate the evidence properly and was found guilty and
punishment was that the officer be reprimanded.
The Army Chief took exception to the unacceptable behaviour of a commanding
officer who had called his junior officer a “Whore and a Prostitute” and issued a
show cause asking why he should not be dismissed from service.
The Colonel challenged the show cause notice before the Armed Forces Tribunal
(AFT) and also pointed out that he had been found not guilty in the first enquiry. The
AFT ruled that the Reprimand was in order. This was appealed by the Army on the
grounds that the Army Chief was empowered to impose the punishment and could
also reappraise the punishments proposed.
The Supreme Court however dismissed the petition for the delay, and
thus saved the Colonel from loss of job and face. Abusive terms for
women at the Workplace that violate her dignity and standing will be
43
termed as “sexual harassment.”
The Prevention of Sexual Harassment at
the Workplace Act, 2013 and Rules
notified on December 13, 2013.
Ø Pursuant to the enactment of the law, any complaint
of sexual harassment by a women will be referred to an
Internal Complaints Committee, within the organisation
or will by default mode go to the “Local Complaints
Committee” that will be set up under the Act, which will
take cognisance of any complaint within 7 days of
receipt. Complaints in companies having less than 10
workers and which have not constituted any Internal
Complaints Committee will also go to the Local
Complaints Committee. If you have not constituted your
own internal committee, it will by default go to the LCC.
44
COVERAGE
• Definition of Employer, Employee, Domestic Worker,
Aggrieved Woman, Work Place, Sexual Harassment --
Sexual Harassment Of Women at Workplace Act 2012 .
• What Amounts to Sexual Harassment as per the Act.
Present Situation
• Salient Features of the Act
• Steps To Be Taken
• Conclusion 45
DEFINITION OF EMPLOYER
• (i) in relation to any department, organisation, undertaking,
establishment, enterprise, institution, office, branch or unit of
the appropriate Government or a local authority, the head of
that department, organisation, undertaking, establishment,
enterprise, institution, office, branch or unit or such other
officer as the appropriate Government or the local authority,
as the case may be, may by an order specify in this behalf;
• (ii) in any workplace not covered under sub-clause (i), any
person responsible for the management, supervision and
control of the workplace.
Explanation.—For the purposes of this sub-clause
“management” includes the person or board or committee
responsible for formulation and administration of polices for
such organisation; 46
DEFINITION OF EMPLOYER (CONTD.)
• (iii) in relation to workplace covered under sub-
clauses (i) and (ii), the person discharging
contractual obligations with respect to his or her
employees;
• (iv) in relation to a dwelling place or house, a person

or a household who employs or benefits from the
employment of domestic worker, irrespective of the
number, time period or type of such worker
employed, or the nature of the employment or
activities performed by the domestic worker; 47
DEFINITION OF EMPLOYEE
• Means a person employed at a workplace for
any work on regular, temporary, ad hoc or
daily wages basis, either directly or through an
agent ,including a contractor, with or, without
knowledge of the principal employer ,whether
for remuneration or not, or working on a
voluntary basis or otherwise, whether the
terms of employment are express or implied
and include a co-worker, a contract worker,
probationer, trainee apprentice or called by
any other such name. 48
DEFINITION OF DOMESTIC WORKER
• means a woman who is employed to do

the household work in any house hold
for remuneration whether in cash or
kind, either directly or through any
agency on a temporary, permanent, part
time or full time basis, but does not
include any member of the family of the
employer;
49
DEFINITION OF AGGRIEVED WOMAN
• (i) in relation to a workplace, a woman, of

any age whether employed or not, who
alleges to have been subjected to any act of
sexual harassment by the respondent;
• (ii) in relation to a dwelling place or house, a
woman of any age who is employed in such a
dwelling place or house;
50
DEFINITION OF WORKPLACE
• ''workplace'' includes—
• (i) any department, organisation, undertaking,
establishment, enterprise, institution, office, branch
or unit which is established, owned, controlled or
wholly or substantially financed by funds provided
directly or indirectly by the appropriate
Government or the local authority or a Government
company or a corporation or a co-operative society;
51
DEFINITION OF WORKPLACE (CONTD.)
• (ii) any private sector organisation or a private

venture, undertaking, enterprise, institution,
establishment, society, trust, non-governmental
organisation, unit or service provider carrying on
commercial, professional, vocational educational,
entertainmental, industrial, health services or
financial activities including production, supply,
sale, distribution or service;
52
DEFINITION OF WORKPLACE (CONTD.)
• (iii) hospitals or nursing homes;

• (iv) any sports institute, stadium, sports complex or
competition or games venue, whether residential or
not used for training, sports or other activities
relating thereto;
• (v) any place visited by the employee arising out of
or during the course of employment including
transportation provided by the employer for
undertaking such journey;
• (vi) a dwelling place or a house;
53
DEFINITION OF WORKPLACE IN UNORGANIZED
SECTOR (CONTD.)
• ''unorganised sector'' in relation to a
workplace means 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.
54
DEFINITION OF WORKPLACE & EMPLOYEE
The definition of workplace is wide and

covers practically every place of work
including a dwelling place or house and also
covers domestic worker and people working
in the informal sector.
55
DEFINITION OF SEXUAL HARASSMENT
Similar to the definition given by the Supreme Court in

the Vishaka Case Judgment on 13 August 1997 i.e.
“includes any one or more of the following unwelcome
acts or behavior (whether directly or by implication )
namely:--
(i) physical contact and advances; or
(ii) a demand or request for sexual favors; or
(iii) making sexually colored remarks ; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non verbal
conduct of sexual nature. 56
Sexual Harassment – Physical Behaviour
Ø Hanging around a person, standing close, brushing
against a person feigning inadvertence but deliberate,
following a person, blocking the person’s path –
invading personal space.
Ø Hugging, Kissing, Touching, Patting on the Head or
Stroking
Ø Giving a neck or shoulder massage
Ø Grabbing, Squeezing, Pinching, Touching the
person’s clothing or hair or body.
Ø Doing a Dushassana – Unclothing a person visually
or mentally. 57
Sexual Harassment -Physical Behaviour
• A Young attractively dressed lady, Jane is working on the
Computer with her colleague Rahul. She is on very friendly
terms with him. Valerian, a close friend of Rahul and also
knowing Jane over the last 3 years, comes up her side and
pushes his finger on to her displayed waist, which makes her
squirm as she is ticklish. Rahul also pushes his finger into
her waist from the other side saying that nobody but he
could touch her. She slaps his wrist and takes off his hand.
The person visiting her asks, would she prefer “threesome
or handsome”? The Lady has filed a complaint against
Valerian and taken objection to the sexual connotation and
unsavoury remark made quite loudly which caused laughter
amongst others working there. Is it a valid complaint and
Valerian says that he had no sexual innuendoes and was just
a harmless joke and does not know why she reacted so
furiously and seriously over a trivial matter. Is it serious or
trivial matter? 58
Sexual Harassment – Verbal Behaviour
v Whistling, Cat Calls, Wolf Whistles, strange
noises, kissing sounds, smacking lips, howling.
v Comments of a Sexual Nature – “If you want to
continue in this place and make good money, you
have to satisfy the bosses.”
v Turning discussions into a sexual topic and or
asking about sexual fantasies, preferences, history.
v Making sexual comments about a person’s
clothing, anatomy or looks.
v Telling Sexual stories, comments, innuendoes,
non-vegetarian jokes, double entendre 59
Sexual Harassment – Non Verbal
o Eyeing a person up and down – elevator eye
syndrome
o Staring and continuing to gaze on breasts
o Winking, throwing kisses or licking lips,
o Making sexual gestures with hands or through
body movements
o Posting pictures of scantily clad women or men
on office walls.
o Cartoons on bulletin boards, or at workstation
that are sexually offensive. 60
Sexual Harassment – 5 Questions to Ask
Yourself?- NO would imply Harassment.
1. Would you want your behaviour reported in the
company, newspaper or TV?
2. Is there equal power in the relationship?
3. Is there equal initiation and participation
between the persons in the relationship?
4. Would this behaviour be present if your spouse
or your family member was with you?
5. Would you tolerate this behaviour if it were to be
replicated with your spouse/family relation?
61
WHAT AMOUNTS TO SEXUAL HARASSMENT
The following circumstances, among other circumstances, if it
occurs or is present in relation to or connected with any act or
behaviour of sexual harassment may amount to sexual
harassment:—
• (i) implied or explicit promise of preferential treatment in her
employment; or
• (ii) implied or explicit threat of detrimental treatment in her
employment; or
• (iii) implied or explicit threat about her present or future
employment status; or
• (iv) interferes with her work or creating an intimidating or
offensive or hostile work environment for her; or
• (v) humiliating treatment likely to affect her health or safety.
62
S.4. Constitution of the Internal
Complaints Committee.
• Every employer of a workplace shall by an order in
writing constitute an Internal Complaints Committee.
• To be headed by a Woman, Presiding Officer
employed at Senior Level from amongst the
employees .
• If not, then from other offices/or administrative units
of the workplace.
• Plus Two Representatives from employees committed
to the cause of women or have experience in social
work or having legal knowledge
• One member of an NGO or Association Committed to
women’s cause, or a person familiar with sexual
harassment.
63
S 5.Constitution of Local Complaints Committee
•The appropriate Government may notify a District Magistrate or

Additional District Magistrate or the Collector or Deputy Collector
as a District Officer for every District to exercise powers or
discharge functions under this Act.
• Every District Officer shall constitute in the District concerned a

Committee to be known as the Local Complaints Committee to
receive complaints of sexual harassment from establishments
where the Internal Complaints Committee has not been
constituted under this Act due to their having less than 10 or if
the complaint is against the employer himself
• Any complaint received to be forwarded to the LCC within 7 days

of receipt
64
S. 7. Composition, Tenure and other
terms and conditions of the LCC
• Chairperson to be nominated - eminent women in field of
social work
• One member from the block, taluka, ward, municipality in
district
• Two members, of which one women member from a local
NGO committed to the cause of women or familiar with
POSH (one nominee with legal background)
(Concerned officer dealing with Social Welfare or Women and
Child Development will be ex-officio member)
At least one nominee from above has to be from SC,ST or OBC.
Tenure of office: 3 years from the date of appointment
65
Section 10 of the Act provides for Conciliation of the
dispute before formal investigations are commenced.
If it can be settled between the parties and the
dispute resolved, then there is no need for a formal
inquiry into the incident.
It is preferable to meet both the parties separately to understand
each other’s version of the incident and also look at how the
parties want the matter to be resolved. At times the Complainant
may not be willing to go fully in the matter to pursue the
complaint and may have problem with her family, to pursue the
complaint.
At times, the accused may not want to go through the lengthy
proceedings for investigation of the complaint and is prepared to
apologize and close the matter rather than go through protracted
proceedings. 66
Disqualification of Committee members
• In case they divulge the name of the
Complainant under S. 16 of the Act or witnesses
or other information relating to conciliation or
the inquiry proceedings. Rs. 5000 penalty
prescribed in the Rules
• If charged for any offence or guilty of criminal
offence
• Abuse of office or acts in a prejudicial manner
The Committee Members can be disqualified and
another person appointed in his/her place.
67
INQUIRY INTO COMPLAINT
Under Section 11 the Internal Committee or the Local Committee
has the same powers as are vested in a civil court under the Code of
Civil Procedures, 1908 when trying a suit in respect of the following
matters namely:-
a) Summoning and enforcing the attendance of any person and
examining him on oath
b) Requiring the discovery and production of documents
c) Any other matter which may be confined.
Under Section 12 during the pendency of an enquiry transfer of the

aggrieved woman or the respondent to any other workplace , grant
leave to the aggrieved woman upto a period of three months or
grant such other relief to the aggrieved woman as may be
prescribed.
68
Consequences of failure to prevent sexual
harassment at the workplace.
• If an employer fails to constitute an internal
committee or take action based on the decisions of
the internal committee or the local committee or
report the number of cases filed, if any, and their
disposal under the act in the annual report to the
District Officer then the employer shall be
punishable with a fine which may extend to fifty
thousand rupees. Further if any employer, after
having been previously convicted of an offence
punishable under this act subsequently commits
and is convicted of the same offence then he is
liable to twice the punishment and cancellation, of
his license or withdrawal
69
Investigating a Complaint
• If no committee exists, matter to be forwarded to
the police by the Committee for further action, if a
prima facie case made out by the Complainant.
• Committee Investigating the complaint shall
ordinarily complete its hearing within 90 days of the
complaint made to it.
• Copy of the findings to be given to both the parties
to enable them to make representation to the
Committee about the findings. Only after this the
Committee has to give its final decision in the
matter. 70
Committee empowered to give relief
• During the pendency of the enquiry transfer the aggrieved
woman or the respondent to any other workplace
• Grant Leave upto three months to the aggrieved woman
(in addition to any other leave the woman may want to
avail)
• Grant such other relief that may be prescribed
• i.e. at the request of the complainant
Ø Restrain the respondent from reporting on the work
performance of the aggrieved woman or writing her
confidential report, and assign the same to another
officer;
Ø restrain the respondent in case of an educational
institution from supervising any academic activity of the
aggrieved woman
71
What do the Rules framed
under the Prevention of
Sexual Harassment at the
Workplace Act, 2013
Provide For?
72
What do the rules framed under the Act Provide for:
1. Fees or allowances for Members of the Internal

Committee – Rs. 200 p.d. plus reimbursement of travel
expenses in 3 tier AC, AC Bus, rickshaw or taxi or
actual amount whichever is Less. Fees for Chairman
Rs. 250 p.d.
2. Person familiar with issues relating to Sexual

Harassment:
Social worker with 5 yrs experience in social work
for women’s empowerment or dealing with sexual
harassment at the workplace or a person familiar
with labour law, civil or criminal law.
73
3. Who can make the Complaint?
Complaint of Sexual Harassment can be made by the women
or in case she is unable to do so because of
a. Physical Incapacity – by relative, friend, co-worker, an

Officer of the National Commission for Women or State
Women’s Commission or any person who has knowledge
of the incident with the women’s written consent.
b. Mental Incapacity – by relative, friend, special

educator, Qualified Psychiatrist or Psychologist, guardian
or authority under whose care she is receiving treatment
or care, or a person who has knowledge of the incident
jointly with her relative or friend or a special educator or
a qualified psychiatrist, guardian or authority under
whose care she is receiving treatment. 74
Rule 7: Manner of enquiry into the complaint: 6 copies
of the complaint along with supporting documents, and
the names and addresses of witnesses.
Ø One copy of the complaint to be sent to the respondent

within 7 working days.
Ø Respondent to file his say with supporting documents,

names and addresses of witnesses, from date of receipt of
the documents within 10 working days.
Ø Committee to follow principles of Natural Justice in

investigating complaints.
75
Ø Ex-parte proceedings in case any person does not turn
up in 3 consecutive hearings. Chairperson authorised to
terminate the proceedings, but must give 15 days notice
to terminate or pass an ex-parte order.
Ø Parties not permitted to bring Legal Practitioners to

represent them in the proceedings.
Ø Quorum for the committee proceedings. Minimum 3

persons, including the Presiding Officer or the
Chairperson to be present.
76
Rule 8 : Reliefs pending hearing – Based on the written request of
the complainant, the Complaints Committee may restrain the
respondent from reporting on the work performance of the
aggrieved woman or writing her confidential report and assign the
same to another officer or restrain the respondent in the case of an
education institution from supervising any academic activity of the
aggrieved woman.
Rule 9: Action Recommended – where allegation is proved, the

Committee can recommend action including a written apology,
warning, reprimand or censure, withholding of Promotion, pay rise
or increments, terminating the respondent from service or
undergoing a counselling session or carrying out community service.
Rule 10: Action against false or malicious complaints or fabricated

evidence.
77
Rule 11: Any appeal can be made to the Authority under the
Standing Orders.
Rule 12: Fine upto Rs. 5000 to be recovered from the

Committee Members, who divulge the name of the
complainant or witnesses and their addresses from such a
person.
Rule 13: Organising Workshop for awareness, capacity

building and skill building programmes for members of the
Committee.
Rule 14: Annual report on No. of complaints in the year, no

disposed during the year, cases pending more than 90 days,
no of workshops/awareness programmes, and action taken.
78
Duties of the Employer
• Provide a safe working environment for women.
• Display in a prominent place penal consequences of Sexual
Harassment and the order constituting the Committee for POSH
• Organise workshops and awareness programs at regular intervals
for sensitising employees with provisions of the Act and
orientation programmes for the members of the ICC.
• Facilities for the ICC to conduct its deliberations
• Assist in securing attendance of respondent and witnesses before
ICC or LCC.
• Provide assistance to the woman to file a complaint under the
IPC, if the perpetrator is not an employee of the company.
• Treat Sexual Harassment as a Misconduct under the service rules.
• Monitor timely submission of reports by the Internal Committee.
79
Powers of the Committee to recommend
to employer - Punishment
Ø Warning
Ø Reprimand or Censure
Ø Withholding of Promotion
Ø Withholding of any pay rise or increment
Ø Termination
Ø Undergo Counselling Session
Ø Carrying out Community Service.
80
Further powers of the Committee:
• 13(3)(ii) of Act - to deduct notwithstanding anything in
the service rules applicable to the respondent, from the
salary of wages of the respondent such sums it may
consider appropriate to be paid to the aggrieved woman
or to her legal heirs, as it may determine in accordance
with Section 15
• Provided where the employer is unable to deduct the
amount from the salary due to his being absent from duty
or cessation of employment, it may direct the respondent
to pay the money to the aggrieved woman.
• In case the person fails to make the payment, the money
can be recovered as an arrear of land revenue and the
District Officer/collector may be served with such an order
for recovery.
81
Punishment for False and Malicious
Complaints.
• If the ICC or LCC arrives at a conclusion that the
complaint is malicious or knowing it to be false,
forged or produced misleading documents, the
person may be punished as per the service rules.
• Mere inability to substantiate a complaint or
produce proof shall not attract action
• Malicious intent has to be established after an
enquiry with principles of natural justice
observed.
82
S. 15 Determination of Compensation
• The committee shall have regard to the
(a) Mental Trauma, Pain, Suffering and Emotional
Distress caused to aggrieved woman
(b) The loss in career opportunity due to the incident
(c) Medical Expenses – Physical or Psychiatric
treatment
(d) The Income and Financial Status of Respondent
(e) Feasibility of payment in lump sum or
installments. 83
• S. 27 of the Act -No Court to take cognisance of
any offence punishable under this Act or rules
made thereunder, save on a complaint made by
the aggrieved woman or any person authorised by
the ICC or LCC in this behalf.
• Every offence under the Act shall be non-
cognisable.
• S. 28 The provisions of the Act shall be in addition
and not in derogation of any other law for the time
being in force.
84
Sensitize dominant male workforce of what
type of behavior , conduct and actions could
be construed as sexual harassment.
Advise the workforce to refrain from speaking,

transmitting vulgar jokes / write ups.
Advise the workforce from refraining to use

abusive language at workplace.
85
In investigating complaints of Sexual Harassment, the
Act has not detailed how the Committee shall function
and in such matters, the essence of the proceedings
must conform to the Principles of Natural Justice.
The Principles of Natural Justice have evolved and are

as the name suggests, something Natural and Logical,
which if not followed would lead to a miscarriage of
Justice.
Over a period of time, these general principles have

been codified as follows:
86
Principles of Natural Justice
1. Giving Full Opportunity to the
Accused to rebut charges
• No man can be condemned unheard
• Reasonable opportunity must be given to be
heard
• Opportunity to cross-examine witnesses to
challenge any testimony and point out any
inconsistencies or check out doubts on the
credibility of the witnesses
87
Reasonable Opportunity- I
If he pleads not guilty:
• Ask complainant or his representative, if any, to examine witness, if
any, in the presence of the accused.
• Documents, if any, will have to be introduced at the appropriate
stage and explained in the presence of the accused.
• Accused to cross-examine witnesses immediately after
examination-in-chief
• Complainant to examine herself
• Unlike in a Domestic Enquiry, in this enquiry, the Accused may not
cross-examine the Complainant if the lady says she does not want
to go through the trauma again of facing the accused. The name of
the Complainant may also be kept confidential and not revealed to
others in the Organisation but revealed to the accused
88
Reasonable Opportunity- II
The proper procedure is to lead ‘evidence’
against the accused employee; give him an
opportunity to cross-examine the said
witnesses and explain the document which
appear against him. Depending on the
seriousness of the issue ask the accused
whether he wants to give any further
explanation on when the issue has gone
against him.
89
Reasonable Opportunity - III
Give Opportunity to the accused to

defend himself:
• By examining witnesses in his
defense
• By producing documents if any, at
the appropriate stage, in his defense.
• By examining himself.
90
Reasonable Opportunity - IV
Summing up by parties:
• Here they explain incongruities, if any, in evidence.
91
2. Principle of Bias
• Personal knowledge, being a witness or a
complainant will disqualify a person from being
the judge.
• Any allegation of Bias has to be established by the
person levelling the allegation.
Justice Must Be Seen to Be Done.
92
Other Principles
Ø Punishment must be proportionate to the crime
and capital punishment of termination is generally
awarded in the rarest of rare cases as it is
equivalent to the economic death of a man. Punish
the man, but not his family. Social Justice
considerations.
Ø Consider any extenuating or mitigating
circumstances.
Ø Before imposing the punishment ask for his say in
the matter by furnishing a copy of the findings
before final action is taken.
93
Enquiry officer must give a reasoned
order
• As a Domestic Enquiry is a quasi-judicial enquiry
there has to be a reasoned order and not just a
one line order of the guilt of the person
concerned.
• A company may act against the order only if
there are material reasons or the evidence is
perverse to the order given.
• The objective of the Investigating Committee is
to get to the Truth and the investigations must
be pursued to get at the Truth. The IIC or the LIC
is empowered for this.
94
Differences between Domestic Enquiry and Enquiry under the
Sexual Harassment Act
Domestic Enquiry Enquiry under the Sexual Harassment Act
Quasi Judicial proceedings. Quasi Judicial Proceedings
No Oath administered Oath can be administered
No Power to summon witnesses/documents Power to summon witnesses and also
production of documents.
Police will not assist in the matter Police may be asked to execute summons if the
person does not attend the proceedings.
Disciplinary enquiry can proceed Generally, complaint is filed internally and not
simultaneously along with criminal case. externally. Internal proceedings have to be
done by the Committee delicately and not in
the same manner as a domestic enquiry for a
misconduct. Rules do not permit complainant
to be confronted by the accused.
Principles of Natural Justice followed Principles of Natural Justice followed

Lawyers may be permitted to defend As of now, no Lawyers or outsiders allowed
Done by one person, who is trained. Done by the entire ICC, with many 95
“freshers”.
Procedure for Action by the ICC
1. Preliminary Enquiry -
2. Copies of the Complaint and rebuttal if any?
3. Enquiry by the ICC
4. Ex-Parte Enquiry
5. Findings of the Enquiry
6. Punishment
Dr.R.Krishna Murthy 96
Internal Committee
Enquiry
Employee Non-Employee
Rules in No prescribed Complaint to

Existence Rules Police
Follow principles of
Follow Rules
Natural Justice
What is Reasonable
Opportunity?
Give Reasonable opportunity to the Opportunity to deny his guilt

accused and establish his innocence.
97
Internal Committee
[4 members – Chair person will preside & lead]
Call the Complainant Call the Accused
• Orderly procedure: DATE/TIME/PLACE of Enquiry

– Read out complaint
– Ask whether accused has understood the complaint and the charge.
• Start Recording the above proceedings simultaneously
• End of each page of recording affix your initials:
– Ask complainant and accused to affix initials.
• End of the days proceedings affix your full signature
– By accused
– By complainant.
– By Internal Committee Members.
98
Proceedings dated ……………… of the Internal Committee into the alleged Sexual
Harassment.
Complaint No………………dated……………….
Internal Committee Present
1. Mrs.…………………. (Sr level woman Employee) Presiding Officer
2. Ms………………… Member
3. Ms………………… Member
Ms……………. (NGO) Member
Aggrieved Woman:
Mrs.…………………………….. [ Complainant]
Respondent:
Mr.……………………. [ Person against whom
complaint is made]
Cont………………..
99
Cont……
Presiding officer to commence proceedings by addressing
the accused:
• We have received a complaint dated…………………
against you making certain allegations which has been
forwarded to you under our letter dated…………………
Q: Have you received our letter along with the copy of the
complaint.
A: Yes
[ All participants to initial at the bottom of the page]
Q: Have you read and understood the complaint against you.
A: Yes
Q: If the allegations are proved it will constitute ‘Sexual
Harassment ‘ in the work place. Do you plead guilty or not
guilty.
100
Evidence
• Oral testimony of witnesses and
documents, if any.
–Internal Committee should not act
on any information which is not
put to the employee and ask him
to explain it.
101
Witnesses
• Is it necessary to give a list of witnesses?
–No, generally.
• Can you examine more witnesses than
given in the list?
–Yes
• Can the committee take into account
statements made behind the back of the
accused?
–No
102
Documents
• Inform accused of a list of documents

(Give Copies)
• If requested allow inspection of
originals
• Allow accused to make notes
• Produce documents in the enquiry at
the appropriate stage through witness
• Prove the veracity of the documents
103
Important points for Internal
Committee
• Don’t cross examine the accused before leading aggrieved employee’s evidence.
• Do not ask the accused to produce his witnesses first
• Where you explain questions in vernacular and record in English, no prejudice is
caused to the accused especially when the worker does not protest
• There must be some evidence to show that statements recorded in English were
explained in vernacular to accused
• Records must show in what order and on whose behalf the various witnesses were
examined, serially one after the other
• Recording of evidence should not be delegated.
• You may not write the evidence in your own hand-writing though it is desirable to do
so
• Obtain the signature of witness immediately after deposition to satisfy that the
statement recorded are correct
• Recording of evidence can be:
– In question Answer form
or
– Record only answers
• So Say: Deposition of Mr.…………………., witness (w1) on behalf of the Complainant/104
Accused.
Important points for Internal
Committee
• Don’t record ‘aside’ discussions. After recording statements of one witness
completely, offer him for cross-examination and go for, examination in- chief of
2nd witness etc.
• If there is any important questions, you can record it in question/ answer form.
This should be done if the party wants it.
• Internal committee has to find out the truth. The committee is entitled to ask
questions for this purpose.
• Production of document: General practice is that, if a document is admitted by
the opposite party or is proved by deposition by a witness then the document is
marked Ex C-1 or Ex A-1[ C- stands for Complainant, A stands for Accused and Ex.
Stands for Exhibit]
• You have the right to administer oath to witnesses.
• When one witness deposes other witnesses should not be present in the room.
• Leading questions: Any questions suggesting the answer which a person asking
expects to receive is called a leading question. Leading questions may be asked
with regards to introductory or undisputed facts or facts which are already
proved. 105
What is a Leading Question?
• A leading question as the title suggests is one question in
which an answer is indicated and will help the Querist
obtain a favourable answer.
• Example of a leading question:
Were you present when the person concerned was harassing
the lady on March 15th?
(This question presumes that the lady concerned was harassed
and the answer in yes or no alone is expected in the
question) This is liable to be disallowed.
The same question may be reframed and asked as
“Please tell us where you were on March 15 at…….time and
anything of significance or importance you may have
observed”
Leading Question is different from what is a Loaded Question
106
Findings
• Must be reasoned conclusions
– What a reasonable person might think who is reasonable person?
• Must be based on evidence on record
• Must be given within 10 days of completion of hearing
Not guilty Malicious Guilty

Complaint
• Punishment according
Action against to Recommendations/
Recommend “No action aggrieved employee- Rules
against the accused” {Domestic Enquiry to be • Dismissal to warning
held} • Fine
107
Summons under the Act:
• To (Name, Description and place of Residence)
Whereas a complaint has been filed against you of sexual
harassment at the workplace by………. and you are hereby
summoned to appear before this Committee and answer all
material questions on……………day of………….20.. at…..o’clock to
answer the charges and you must be prepared to produce on
that day all witnesses upon whose evidence and all the
documents upon which you intend to rely in support of your
defense.
Take notice that, in default of your appearance on the day before
mentioned, the complaint will be heard and determined in your
absence and you will be bound by the consequences thereof.
…………………………………
Given under my hand and the seal of the Committee on Sexual
Harassment invested with the powers of a Civil Court under
Section 11 of the Prevention of Sexual Harassment Act, 2013
108
Form of Oaths or Affirmations under
The Oaths Act, 1969
• (For Witnesses):I do swear in the name of
God/solemnly affirm that what I shall state shall be
the truth, the whole truth and nothing but the Truth.
• (For Interpreters): I do swear in the name of
God/solemnly affirm that I will well and truly
interpret and explain all question put to and evidence
given by witnesses and translate correctly and
accurately all documents given to me for translation.
• (For Affidavits): I do swear in the name of
God/solemnly affirm that this is my name and
signature (or mark) and that the contents of this
affidavit are true.
109
The Criminal Law (Amendment) Act,
2013,on Rape provides for rigorous
imprisonment for a minimum of 20
years, extendable to life imprisonment,
to those convicted for the offence of
gang-rape, and also defines and
prescribes punishment for stalking,
voyeurism and sexual harassment.
110
This new Act has expressly recognised certain acts as offences which were
dealt under related laws. These new offences like, acid attack, sexual
harassment, voyeurism, stalking have been incorporated into the Indian Penal
Code:
SectionOffencePunishmentNotes326AAcid attack Imprisonment not less than ten years
but which may extend to imprisonment for life and with fine which shall be just and
reasonable to meet the medical expenses and it shall be paid to the victim Gender
neutral326BAttempt to Acid attack Imprisonment not less than five years but which may
extend to seven years, and shall also be liable to fine.
354ASexual harassment Rigorous imprisonment up to five years, or with fine, or with

both in case of offence described in clauses (i) & (ii)Imprisonment up to one year, or
with fine, or with both in other cases
Physical contact and advances involving unwelcome and explicit sexual overtures; or a
demand or request for sexual favours; or making sexually coloured remarks; or forcibly
showing pornography; or any other unwelcome physical, verbal or non-verbal conduct of
sexual nature.
354BAct with intent to disrobe a woman - Imprisonment not less than three years but
which may extend to seven years and with fine. Assaults or uses criminal force to any
woman or abets such act with the intention of disrobing or compelling her to be naked.
111
354CVoyeurismIn case of first conviction, imprisonment not less than one year,
but which may extend to three years, and shall also be liable to fine, and be
punished on a second or subsequent conviction, with imprisonment of either
description for a term which shall not be less than three years, but which may
extend to seven years, and shall also be liable to fine. Watching or capturing a
woman in “private act”, which includes an act of watching carried out in a place
which, in the circumstances, would reasonably be expected to provide privacy,
and where the victim's genitals, buttocks or breasts are exposed or covered only
in underwear; or the victim is using a lavatory; or the person is doing a sexual act
that is not of a kind ordinarily done in public.
354DStalkingImprisonment not less than one year but which may extend to three
years, and shall also be liable to fine. Only for women. TO follow a woman and
contact, or attempt to contact such woman to foster personal interaction
repeatedly despite a clear indication of disinterest by such woman; or monitor
the use by a woman of the internet, email or any other form of electronic
communication. There are exceptions to this section which include such act being
in course of preventing or detecting a crime authorised by State or in compliance
of certain law or was reasonable and justified.
112
Conclusion
The Act alters the paradigm existing in providing an architecture for women to
ensure that they are not discriminated on grounds of gender and the gender
does not create for them situations that they had to face earlier with no
proper or adequate remedy. It is also apprehended that some women may
make false complaints and thus settle scores with their male counterparts.
Like the law pertaining to dowry, there may be excesses. But this is the early
years and we have to see how it pans out.
For the Males, they do not have any similar rights. They better watch out
now! They may have some rights under schemes framed by companies like
Aditya Birla Group or Voltas, where their internal processes provide a
machinery to articulate their complaints, but not within the present legal
framework of this law.
The Law also has created a new dimension of compensation demand that was
not there in the Indian law, where an accused is now also liable to economic
penalties as may be decided by the Committee. No guidelines exist or even
limits to which the amounts may be sanctioned and merely giving them an
enforceable right, which can be collected as an arrear of land revenue looks
ominous. 113
114

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The Sexual Harassment of Women

Dr. R. Krishna Murthy,

• By and Large Cases of Sexual Harassment that occur at work place

In the Alpha Male Syndrome, Kate Ludeman and Eddie

• Head of Delhi based TERI – The Energy and Resources Institute of

• (iv) in relation to a dwelling place or house, a person

• means a woman who is employed to do

• (i) in relation to a workplace, a woman, of

• (ii) any private sector organisation or a private

• (iii) hospitals or nursing homes;

The definition of workplace is wide and

Similar to the definition given by the Supreme Court in

•The appropriate Government may notify a District Magistrate or

• Every District Officer shall constitute in the District concerned a

• Any complaint received to be forwarded to the LCC within 7 days

Under Section 12 during the pendency of an enquiry transfer of the

1. Fees or allowances for Members of the Internal

2. Person familiar with issues relating to Sexual

a. Physical Incapacity – by relative, friend, co-worker, an

b. Mental Incapacity – by relative, friend, special

Ø One copy of the complaint to be sent to the respondent

Ø Respondent to file his say with supporting documents,

Ø Committee to follow principles of Natural Justice in

Ø Parties not permitted to bring Legal Practitioners to

Ø Quorum for the committee proceedings. Minimum 3

Rule 9: Action Recommended – where allegation is proved, the

Rule 10: Action against false or malicious complaints or fabricated

Rule 12: Fine upto Rs. 5000 to be recovered from the

Rule 13: Organising Workshop for awareness, capacity

Rule 14: Annual report on No. of complaints in the year, no

Advise the workforce to refrain from speaking,

Advise the workforce from refraining to use

The Principles of Natural Justice have evolved and are

Over a period of time, these general principles have

Give Opportunity to the accused to

• Here they explain incongruities, if any, in evidence.

Justice Must Be Seen to Be Done.

Principles of Natural Justice followed Principles of Natural Justice followed

2. Copies of the Complaint and rebuttal if any?

3. Enquiry by the ICC

5. Findings of the Enquiry

Rules in No prescribed Complaint to

Give Reasonable opportunity to the Opportunity to deny his guilt

Call the Complainant Call the Accused

• Orderly procedure: DATE/TIME/PLACE of Enquiry

• Inform accused of a list of documents

Not guilty Malicious Guilty

354ASexual harassment Rigorous imprisonment up to five years, or with fine, or with

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