Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

In matter of ‘Rayala Satyanarayana vs. SBI Funds Management Pvt. Ltd. and Ors.’, Andhra Pradesh High Court held that “the conclusions arrived at by the Committee cannot be the basis for imposing a major penalty of removal from service, mainly on the ground that the conclusions arrived at by the Committee shall not be treated as a mere preliminary investigation or inquiry leading to a disciplinary action, but shall be treated as a finding/ report in an enquiry into the misconduct of the delinquent. The impugned proceedings further suffer from severe illegality as the said proceedings were issued without there being any regular departmental enquiry and without giving any opportunity as per the Service Rules, which mandate that initiation of disciplinary proceedings is a mandatory requirement and without conducting any enquiry, no employee can be imposed any major penalties.”

Hence, action taken by Vibhut Small Finance Ltd. for termination of employee is illegal.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2025, Q. 5(a) (Syllabus 2022).

At the district level, the Government is required to set up a ‘Local Committee’ (“LC”) to investigate and redress complaints of sexual harassment from the unorganized sector or from establishments where the Internal Committee (IC) has not been constituted on account of the establishment having less than 10 employees or if the complaint is against the employer. The LC has special relevance in cases of sexual harassment of domestic workers or where the complaint is against the employer himself or a third party who is not an employee. The provisions of the Act w.r.t. LC are as follows:

(i)Notification of District Officer - According to section 5, 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.

(ii)Constitution and jurisdiction of Local Committee- According to section 6, every District Officer shall constitute in the district concerned, a committee to be known as the “Local Committee” to receive complaints of sexual harassment from establishments where the Internal Committee has not been constituted due to having less than ten workers or if the complaint is against the employer himself. The District Officer shall designate one nodal officer in every block, taluka and tehsil in rural or tribal area and ward or municipality in the urban area, to receive complaints and forward the same to the concerned Local Committee within a period of seven days. The jurisdiction of the Local Committee shall extend to the areas of the district where it is constituted.

(iii)Composition, tenure and other terms and conditions of Local Committee Pursuant to section 7, the Local Committee shall consist of the following members to be nominated by the District Officer, namely:- — a. Chairperson to be nominated from amongst the eminent women in the field of social

work and committed to the cause of women; b. one Member to be nominated from amongst the women working in block, taluka or tehsil or ward or municipality in the district; c. two Members, of whom at least one shall be a woman, to be nominated from amongst such non- governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment, which may be prescribed: Provided that at least one of the nominees should, preferably, have a background in law or legal knowledge. It is provided further that at least one of the nominees shall be a woman belonging to the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes or minority community notified by the Central Government, from time to time; d. the concerned officer dealing with the social welfare or women and child development in the district, shall be a member ex officio.

[Section 7(1)] The Chairperson and every Member of the Local Committee shall hold office for such period, not exceeding three years, from the date of their appointment as may be specified by the District Officer. Where the Chairperson or any Member of the Local Committee commits any of the following acts, he shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section:

a.contravenes the provisions of section 16; or b. has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or c. has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or d. has so abused his position as to render his continuance in office prejudicial to the public interest, such Chairperson or Member, as the case may be.

The Chairperson and Members of the Local Committee other than the Members nominated under clauses (b) and (d) of sub-section (1) shall be entitled to such fees or allowances for holding the proceedings of the Local Committee as may be prescribed.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2025, Q. 6A(i) (Syllabus 2022).

In the case of Saurabh Kumar Mallick v. Comptroller & Auditor General of India, WP (C) No.8649/2007, the respondent who was facing departmental inquiry for allegedly indulging in sexual harassment of his senior woman officer contended that he could not be accused of sexual harassment at workplace as the alleged misconduct took place not at the workplace but at an official mess where the woman officer was residing. It was also argued that the complainant was even senior to the respondent and therefore no ‘favour’ could be extracted by the respondent from the complainant and thus the alleged act would not constitute ‘sexual harassment’.

The Delhi High Court while considering this matter held this as ‘clearly misconceived’. The Delhi High Court observed that the aim and objective of formulating the Vishakha Guidelines was obvious in order to ensure that sexual harassment of working women is prevented and any person guilty of such an act is dealt with sternly.

Keeping in view the objective behind the judgment, a narrow and pedantic approach cannot be taken in defining the term ‘workplace’ by confining the meaning to the commonly understood expression “office”. It is imperative to take into consideration the recent trend which has emerged with the advent of computer and internet technology and advancement of information technology. A person can interact or do business conference with another person while sitting in some other country by way of videoconferencing. It has also become a trend that the office is being run by CEOs from their residence. In a case like this, if such an officer indulges in an act of sexual harassment with an employee, say, his private secretary,it would not be open for him to say that he had not committed the act at ‘workplace’ but at his Residence’ and get away with the same. Noting the above, the High Court observed that the following factors would have bearing on determining whether the act has occurred in the ‘workplace’:

•Proximity from the place of work

•Control of the management over such a place/residence where the workingwoman is residing

•Such a residence has to be an extension or contiguous part of the working place.

In conclusion, the Delhi High Court held that the official mess where the employee was alleged to have been sexually harassed definitely falls under ‘workplace’.

In view of the above provisions and case law, the contention of A is invalid.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2024, Q. 6(a) (Syllabus 2022).

Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides for the relief that can be given by Internal Committee (IC) to the aggrieved woman during pendency of inquiry. During the pendency of an inquiry, on a written request made by the aggrieved woman, the Internal Committee or the Local Committee, as the case may be, may recommend to the employer to:

a)transfer the aggrieved woman or the respondent to any other workplace, or

b)grant leave to the aggrieved woman up to a period of three months, or

c)grant such other relief to the aggrieved woman as may be prescribed.

The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled.

On such recommendation of the Internal Committee or the Local Committee, as the case may be, the employer shall implement the recommendations so made and send the report of such implementation to the Internal Committee or the Local Committee, as the case may be.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2026, Q. 6A(iii) (Syllabus 2022).

Section 14 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013) provides strict provisions for Punishment for false or malicious complaint and false evidence.

Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer, as the case may be, to take action against the woman or the person who has made the complaint under section 9, as the case may be, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as may be prescribed.

It is provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant under this section. It is provided further that the malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed, before any action is recommended. Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness or the District Officer, as the case may be, to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist, in such manner as may be prescribed.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2024, Q. 6A(i) (Syllabus 2022).

Prohibition of publication or making known contents of complaint and inquiry proceedings According to Section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the contents of the complaint made under section 9, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee or the Local Committee, as the case may be, and the action taken by the employer or the District Officer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner.

It is provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, December 2023, Q. 5(d) (Syllabus 2022).

(i)Requirement to constitute an Internal Complaints Committee (ICC):

According to Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, requires an employer to setup an Internal Complaints Committee (‘ICC’) at each office or branch, of an organization employing 10 or more employees, to hear and relates redress grievances pertaining to sexual harassment. It is irrespective of whether there are currently any female employees. The Act is designed to create a safe and secure working environment for women, and it applies to all workplaces, including restaurants, offices, and other establishments.

Since ‘‘Flavors of Delhi Private Ltd.’ employs 20 employees, it falls under the purview of the Act, even though there are no female employees at present. The absence of female staff does not exempt the company from the requirement of forming an ICC. The committee must be constituted to address any future complaints of sexual harassment, should the company hire female employees or engage with women in any capacity (e.g., customers, vendors, or contractors).

(ii)Composition of the ICC:

The Internal Committee shall consist of the following members to be nominated by the employer, namely:

a.Presiding Officer: a Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees. However, in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section.

Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organization; b. Members: not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge; c. External member: one member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:

Provided that at least one-half of the total Members so nominated shall be women.

Source⁠​‌​‌‌​‌​⁠: ICSI Guideline Answers, June 2025, Q. 6(a) (Syllabus 2022).