%20Act,%202013%20-%2062%20kb.webp "Sexual Harassment at workplace")
| Sexual Harassment of women at workplace ( Prevention, Prohibition and Redressal) Act, 2013 |
Introduction |
| The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a law passed by the Indian government to protect women from sexual harassment at their place of work. The Act provides a legal framework for prevention and redressal of complaints of sexual harassment at workplace and also seeks to create a safe and secure working environment for women. This act came into force on 9th December 2013 and extends to the whole of India. Online complaint management system titles ‘ sexual harassment electronic – Box (She-Box) by Ministry of Women and Child Development on 4th July 2017 The key provisions of the Act are as follows: |
Definition of Sexual Harassment |
| The Act defines sexual harassment as any unwelcome physical, verbal, or non-verbal conduct of sexual nature which has the purpose or effect of violating the dignity of a woman, or creating an intimidating, hostile, degrading, or offensive work environment for her. |
Obligations of Employers |
The Act places a legal obligation on all employers to provide a safe working environment for their female employees. Employers are required to: (i) Develop and implement a policy against sexual harassment at the workplace. (ii) Form a Complaints Committee to receive and redress complaints of sexual harassment. (iii) Conduct awareness programs on the provisions of the Act. (iv) Display the provisions of the Act at the workplace. |
Complaints Committee |
The Act mandates the formation of a Complaints Committee in every workplace with 10 or more employees. The Committee is responsible for receiving and redressing complaints of sexual harassment. It must be headed by a woman and have at least two other members who are also women. It may also have one or two members from an NGO or other relevant organisation. ICC (Internal Complaint Committee) - Has power of Court, its half members should be women, including a Social worker or NGO member, and the senior most employee should be the chairman. Internal Complaint Committee can recommend : (i) Transfer the aggrieved woman or the respondent to any other workplace. (ii)Grant leave to the aggrieved woman up to a period of 90 days. (iii) Grant such other relief to the aggrieved woman as may be prescribed, (a) Complain time – 90 days (b) Judgement – within 30 days (c) Committed can recommend to give the victim 90 days leave as per Section 12 of the act. ( These leaves shall be in addition and hence cannot be debited against the leave account. (d) For the purpose of determining the sums to be paid to the aggrieved woman the committee shall consider : (i) The mental trauma, pain, suffering and emotional distress caused to the aggrieved woman. (ii) The loss in the career opportunity due to the incident of sexual harassment. (iii) The income and financial status of the respondent. |
Redressal |
The Act provides for a range of redressal measures for women who have experienced sexual harassment at the workplace. These include: (i) Written apology from the perpetrator. (ii) Monetary compensation for the victim. (iii) Termination of the employment of the perpetrator. (iv) Referral of the matter to the police for criminal prosecution. (v) Other appropriate measures to prevent the recurrence of sexual harassment. |
Penalties |
| The Act provides for penalties for non-compliance by employers. Failure to comply with the provisions of the Act may result in fines or imprisonment for up to three years. |
| Important sections of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 are as follows: | |
Section | Description |
Section 2 | This section defines sexual harassment at the workplace and provides a detailed explanation of what constitutes sexual harassment. It includes physical contact, advances, and other unwelcome conduct of a sexual nature that creates a hostile or offensive work environment for women. All the definitions come under this section. |
Section 4 | This section mandates that all employers have a written policy against sexual harassment at the workplace, which should be prominently displayed and made known to all employees. It also requires employers to provide regular training and awareness programs on the provisions of the Act. The Internal Complaints committee is constituted under this section. |
Section 6 | This section requires the formation of a Complaints Committee in every workplace with 10 or more employees known as Local Committee. The Committee is responsible for receiving and redressing complaints of sexual harassment and must be headed by a woman and have at least two other members who are also women. |
Section 9 | (Complaint of sexual harassment) This section provides for interim relief to the victim during the pendency of the inquiry into the complaint. The relief may include transferring the victim or the accused to another department, providing leave to the victim, or taking any other appropriate measures. |
Section 10 | (Conciliation) This section provides for the inquiry into the complaint of sexual harassment. It mandates that the Complaints Committee complete the inquiry within 90 days and submit its report to the employer or the district officer. |
Section 11 | (Inquiry into complaint)This section provides for penalties for non-compliance by employers. Failure to comply with the provisions of the Act may result in a fine of up to Rs. 50,000 or imprisonment for up to three years or both. |
Section 14 | Punishment for false or malicious complaint and false evidence. This section provides for protection against victimization. It prohibits the employer from victimizing or discriminating against the victim or witnesses of sexual harassment in any manner. It also provides for compensation in case of victimization |
%20Act,%202013%20-%2062%20kb.webp)
PDF ..!!!
ReplyDelete