Presentation on Tort of Sexual Harassment. No plagiarism allowed

1. Tort of Sexual Harassment
Study of Harassment at Workplace in India

2. Supervised by:
Dr. Yugal Kishore
National Law University and Judicial
Academy, Assam
Presented by:
Abhishek Rathore (SM0114003)
Khushboo Damani (SF0114016)
Ankit Bhandari (SM0114048)
1st
Semester, B.A.,LL.B (Hons) FYIC

3. Research Problem
Analysing the principles and provisions of
the ‘Tort of Sexual Harassment’ with an in-
depth study of harassment at work place- its
effects on employees, liability of the
employers and, remedies and sanctions for
the victims.

4. Scope and Objectives

5. Research Methodology
METHODS
EXPLANATORYDOCTRINAL ANALYTICAL

6. Sexual Harassment as a Tort
• CEDAW defines sexual
harassment as-
“An act which includes such
unwelcome sexually determined
behaviour as physical contact
and advances, sexually
coloured remarks, showing
pornography and sexual
demands, whether by words or
actions.”

7. Contd.
• Tort actions are affective means for remedying the
wrong of sexual harassment, but they have not been
extensively used. Despite the seriousness and
pervasiveness of the wrong, very few law suits are
initiated.
• Hence, it becomes necessary to explore the basic
principles of tort law which recognises sexual
harassment as a cause of action in torts.

8. Sexual Harassment as a Tort
Basic
Elements
Assault
Battery
False
Imprison-
mentIntentional
Infliction
Of
Emotional
Distress
Principles of Tort Law that
Qualify Sexual Harassment as actionable
Malice
Intention
Motive

9. Civil Suit for Sexual Harassment

10. Civil Suit for Sexual Harassment

11. Assessment of Damages
• The amount and type of compensation
that is available in a civil lawsuit over
sexual abuse depends on the specific
facts of the case, and the legal theory
on which the personal injury lawsuit is
based, such as Assault and Battery,
or Intentional Infliction of Emotional
Distress.
• Due to the heinous nature of these
crimes, a jury will often award very
high damages.

12. Contd.
• Substantial damages may, therefore, be awarded
even when there is no physical injury, simply for the
invasion of the right itself.
• Exemplary damages may be awarded where the
trespass to person occurred as a result of arbitrary
conduct by a government official, or as a result of a
deliberate or reckless breach of law done with a view
for gain.

13. Defences

14. Sexual Harassment at Workplace in
India
• Sexual Harassment at workplace has been a
recurrent problem for women.
• Sexual Harassment at workplace are of two types-
Quid pro quo
Hostile Environment
• In India, earlier, there had been no specific law for
sexual harassment. It was only after the Vishaka and
Others Vs State of Rajasthan case, that the tort of
Sexual Harassment at work plac emerged in India.

15. Sexual Harassment at Workplace in
India
Vishakha and Others Vs
State of Rajasthan ,
1997
Phase 1 Phase 2 Phase 3
Justice Verma
Committee Report,
2013
Sexual Harassment of
Women at Workplace Act,
2013
Evolution of Tort Law for Sexual Harassment
at Workplace in India

16. Sexual Harassment at Workplace in
India
Vishakha and others Vs State of Rajasthan AIR 1997 SC 3011-
• The Vishakha judgment was the result of a rape case
involving a social worker in Rajasthan.
• It laid down the requirements for employers dealing with
complaints of sexual assault and stipulated the formation of
committees to dispose of complaints from victims of
harassment.
• A judgement of this kind by the Supreme Court was
unprecedented.

17. Vishaka Case Guidelines
• Gender equality includes protection from sexual
harassment and the right to work with dignity as per
our constitution.
• Extra hazard for a working woman compared her male
colleague is clear violation of the fundamental rights
of ‘Gender Equality’ & Right to Life and Liberty.
• Safe working environment is fundamental right of a
working woman.
• In no way should working women be discriminated at
the workplace against male employees.

18. Contd.
• Working with full dignity is the fundamental right of
working women.
• The right to work as an inalienable right of all
working women.
• The Vishakha judgment had recommended a
Complaints Committee at all workplaces, headed by
a woman employee, with not less than half of its
members being women.

19. Justice Verma Committee
• Justice Verma Committee
was constituted to
recommend amendments
to the Criminal Law so as
to provide for quicker
trial and enhanced
punishment for criminals
accused of committing
sexual assault against
women.

20. Justice Verma Committee Report
• Some of the key recommendations made by the
Committee on the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Bill,
2013 are provided below:
 Domestic workers should be included within the
purview of the Bill.
 Under the Bill the complainant and the respondent are
first required to attempt conciliation.
 The employer should pay compensation to the woman
who has suffered sexual harassment.
 The Bill requires the employer to institute an internal
complaints committee to which complaints must be
filed.

21. Sexual Harassment of Women at
Workplace Act, 2013
• The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 is a
legislative act in India that seeks to protect women
from sexual harassment at their place of work. It was
passed on 23rd April, 2013 and came into force on 9th
December, 2013.

22. Definition as per SHWW Act, 2013
• The act defines Sexual Harassment as-
Any one or more of the following unwelcome
acts or behaviour (whether directly or by
implication) with the employee namely:
(i) physical contact and advances;
(ii) a demand or request for sexual favours;
(iii) making sexually coloured remarks;
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or
non-verbal conduct of sexual nature.

23. Penalties as per SHWW Act, 2013
• Where the employer fails
to comply with the
provisions of the Act, he
shall be liable to be
punished with a fine
which may extend to Rs.
50,000.

24. Conclusion
• Though Torts appear to be an effective means for
remedying the wrong of Sexual Harassment, but
these are not extensively used.
• The judgement of Vishakha vs State of Rajasthan,
Justice Verma Committee Report and the Sexual
Harassment at Workplace (Prevention, Prohibition
and Redressal) Act, 2013 are important in India’s
attempt to address the problem of Sexual Harassment
at Workplace.

25. Conclusion
• From the rising number of reported complaints of
sexual harassment, it is evident that the new law has
at least served to improve awareness about the
obligations of employers and rights of employees in
case of workplace sexual harassment.
• Unfortunately there has been a failure on the part of
the WCD ministry to notify the legislation. Moreover
the rules specified under the legislation have not
come into effect.

26. Conclusion
• Though there have been acts providing criminal
actions for an act of sexual harassment, but there is a
need to develop stringent Tort Laws for providing
monetary compensation to the victim.

27. Literature Review
⦁A. Lakshminath and M.Sridhar, The Law of
Torts, Lexis Nexis, Butterworths Wadhwa,
Nagpur, 10th Edition, 2010
This book aided in providing this research work with a
very brief but helpful insight into the history of Sexual
Harassment at Workplace in India and the steps taken
by the Supreme Court.
• Alastair Mullis and Ken Oliphant, Torts,
Palgrave Macmillan, Great Britain, 3rd Eition,
2003
This book helped us to put forth a basic
understanding of torts with special reference to the
tort of Trespass to Person.

28. Bibliography
Articles:
⦁ B. D. Singh, Issue of Sexual Harassment: A Legal Perspective,
Shree Ram Centre for Industrial Relations and Human
Resources, July, 2010
• Krista J. Schoenheider, A Theory of Tort Liability For Sexual
Harassment In The Workplace, 1987, University of
Pennysylvania
• Alice Montgomery, Sexual Harassment in the Workplace: A
Practitioner’s Guide to Tort Actions, August, 2010, Golden
Gate University Law Review, Vol. 10, No. 3 (879-928)

29. Cond.
Books:
• Lakshminath and M.Sridhar, The Law of Torts, Lexis Nexis,
Butterworths Wadhwa, Nagpur, 10th
Edition, 2010
• Alastair Mullis and Ken Oliphant, Torts, Palgrave Macmillan,
Great Britain, 3rd
Eition, 2003
• Dr. R. K. Bangia, Law of Tort, 22nd
Edition, Allahbad Law
Agency, Faridabad, 2010
• Ratanlal Ranchhoddas and Dhirajlal Keshavlal Thakore, The
Law of Torts, 26th
Edition, Lexis Nexis Butterworths Wadhwa,
Nagpur, 2010
• Timothy B. Broderick and Katrina Telfer Saleen, A Victim’s
Guide to Sexual Harassment, Broderick Law Firm, California

30. References
Websites:
⦁Diane Freeman, ‘Sexual Harassment’, (Health Day)
<http://consumer.healthday.com/encyclopedia/work-and-
health-41/occupational-health-news-507/sexual-harassment-
646419.html>
⦁Can the victim of a sexual assault file a civil law suit (All
Law.Com) <http://www.alllaw.com/articles/nolo/personal-
injury/victim-sexual-assault-file-civil-lawsuit.html>
⦁Lahle Wolfe, ‘What is Sexual Harassment?’ (About Money)
<http://womeninbusiness.about.com/od/sexual-
harassment/f/What-Is-Sexual-Harassment.htm>