The Ministry of Law & Justice has passed the Act on 22nd April 2013. The Rules were passed on 9th December 2013.

By on 13-11-2018

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION & REDRESSAL) ACT 2013

• When was the Sexual harassment of women at workplace (prevention, prohibition & redressal) Act 2013 passed?

 The Ministry of Law & Justice has passed the Act on 22nd April 2013. The Rules were passed on 9th December 2013.

•  What are the objectives of the said Act? 

This Act is to provide

a.Protection against sexual harassment of women at workplace 

b.Prevention 

c.Redressal of complaints of sexual harassment

•  What is sexual harassment? 

The Act in its Section 2n, defines sexual harassment. Sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication), namely 
a.Physical contact and advances

b.or A demand or request for sexual favours,

c.or Making sexually coloured remarks,

d.or Showing pornography,e.

e.or Any other unwelcome physical, verbal, non verbal conduct of sexual nature

 Section 3 (2) of the Act further elaborates that if any of the following circumstances occurs or is present in relation to or connected with any act or behavior of sexual harassment among other circumstances, it may amount to sexual harassment-

a.Implied or explicit promise of preferential treatment in her employment, 

b.or Implied or explicit threat of detrimental treatment in her employment,

c.or Implied or explicit threat about her present or future employment status,

d.or Interference with her work or creating an intimidating or offensive or hostile work environment for her,

e.or Humiliating treatment likely to affect her health or safety

•  Who is an aggrieved woman according to the Act?

 According to the Act (Section 2a) aggrieved woman means 
  a. DRAFT Page | 6 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

   b.In relation to a dwelling place or house, a woman of any age who is employed in such a dwelling or house

•  What is workplace according to the Act?

 Workplace includes (Section 2o)

 a.Any department, organization, undertaking, establishment, enterprise,institution, office, branch or unit which is established, owned,       controlled orwholly or substantially financed by funds provided directly or indirectly by theappropriate Government or the local                 authority or a Government company or a corporation or a cooperative society

 b.Any private sector organisation or a private venture, undertaking, enterprise,

institution, establishment, society, trust, non governmental organization, unit or service provider carrying on commercial , professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service

 c.Hospital or nursing homes

 d.Any sports institute, stadium, sports complex or competition or games venue,
   whether residential or not used for training, sports or other activities relating to it

 e.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

 f.A dwelling or a house

•  What are the duties of the employer?

 As per Section 19 of the Act, every employer shall:

 a.Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace

 b.Display at any conspicuous place in the workplace, the penal consequences of sexual harassments and the order constituting the ICC

 c.Organize workshops and awareness programmes at regular intervals for sensitising the employees with the Act

 d.Organize orientation programmes for the members of the ICC

 e.Provide necessary facilities to the ICC or the LCC for dealing with the complaint and conducting an inquiry

 f.Assist in securing the attendance of respondent and witness before the ICC or the LCC

 g.Make available such information to the ICC or the LCC with regard to the complaint

 h.Provide assistance to the woman if she chooses to file a complaint under IPC or any other law

 i.Cause to initiate action under the IPC or any other law against the perpetrator or if the aggrieved woman so desires, where the               perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place

 j.Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct

 k.Monitor the timely submission of reports by the ICC

•  What is Internal Complaint Committee?

 Every employer of a workplace shall constitute by an order in writing, a Committee to be known as the Internal Complaint Committee (ICC) as per Section 4(1) of the Act.

•  How will a complaint be done?

 Any aggrieved women may make in writing a complaint of sexual harassment at workplace to the Internal committee/ Local Committee within3 months from the date of incident or the date of the last incident in case of a series of incidents. In case the women cannot write, the Presiding officer/ any member of Internal Committee/Chairperson/ any member of Local Committee shall render all reasonable assistance. (Section 9(1) of the Act)

•  What will be the action of the ICC or the LCC on receipt of a complaint?

 Option A : Upon receipt of the complaint, the ICC or LCC must proceed to make an inquiry in accordance with the service rules applicable to the respondent or whereno such service rules exist, in accordance with rules framed under the Act ( Section11(1) of the Act).

 Option B : The ICC or the LCC may forward the complaint to the Police 
(as elaborated in question 36 below).

•  What is to be done when both the parties are employees?

 Where both the parties are employees, the parties during the course of the inquirybe given an opportunity of being heard and a copy of the findings shall be made available to both the parties enabling them to make representation against the findings before the Committee.

•  What is the time limit for an aggrieved woman to give a complaint? 

Any aggrieved women may make in writing a complaint of sexual harassment at workplace to the Internal committee/ Local Committee within 3 months from thedate of incident or the date of the last incident in case of a series of incident (Section9(1)).

•  Can the time limit of 3 months be extended? 

The Internal Committee and the Local Committee can extend the time limit not exceeding another 3 months if it is satisfied that the circumstances were such which prevented the woman from filing the complaint within the said period (Section 9(1)).

•  Can someone else file the complaint under the Act?

 If the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death, her legal heirs or such other person as may be prescribed may do so. ( Section 9(2) of the Act)..

•  What are the provisions for appeal?

 Person aggrieved due to the following conditions may prefer an appeal to the Court or Tribunal or in such manner (Section 18(1) of the Act):

a.Recommendation under Section 13 (2) of the Act : If the ICC or the LCC arrives at the conclusion that the allegation against the            respondent has not been proved, it will recommend to the employer and the District Officer that no action is required to be taken.

b.Recommendation under Section 13(3) i/ii: If the ICC or the LCC arrives at the conclusion that the allegation against the respondent      has been proved, it will recommend to the employer and the District Officer, the following : To take action for sexual harassment as a  misconduct in accordance with the provisions of the service rule applicable to the respondent or where no such service rules have been  made , in such manner prescribed and/or to deduct from the salary or wages of the respondent such sum to be paid to the aggrieved    woman or to her legal heirs.

c.Recommendation under Section 14(1/2): If the ICC or LCC 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 compliant has produced any forged or misleading document, it may recommend to    the employer or the District Officer to take action against the woman or the person who has made the complaint. (Section 14 (1) of      the Act.). If the ICC or the LCC arrives at a conclusion that during the inquiry any witness has given false evidence or produced any      forged or mislead in document, it may recommend to the employer of the witness or the District Officer to take action in accordancen with the provisions of the service rules or in such manner as may be prescribed. (Section 14(2) of the Act)

d.Recommendation under Section 17 : If any person contravenes the provisionsof Section 16 of the Act, he shall be liable to penalty in  accordance with the provisions of the service rules applicable to the said person or where no such service rules exist, in such manner      as may be applicable.

e.Non implementation of recommendations