Sexual Harassment of Women in the Workplace
Sexual harassment of women in the workplace has assumed significant importance in both government and private sector industries and establishments. A woman employee, including a casual worker or even a woman visitor, is entitled to a safe working environment and can make a complaint when encountering the problem of sexual harassment. Such a complaint can be made to an ICC (Internal Complaints Committee) of the organization or to a Local Committee in the case of private establishments.
The SHWW (PPR) Act of 2013
The SHWW (PPR) Act of 2013 provides for the constitution of an ICC under Sec. 4(2) and stipulates that there should be a third-party member to guard against the exercise of undue pressure from senior levels. Who should be such a third-party member and how should he/she be chosen? This is an extremely important issue that requires the attention of employers. Refer to the article on this topic for knowledge updates.
From India, New Delhi
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126Sexual harassment of women in the workplace has assumed significant importance in both government and private sector industries and establishments. A woman employee, including a casual worker or even a woman visitor, is entitled to a safe working environment and can make a complaint when encountering the problem of sexual harassment. Such a complaint can be made to an ICC (Internal Complaints Committee) of the organization or to a Local Committee in the case of private establishments.
The SHWW (PPR) Act of 2013
The SHWW (PPR) Act of 2013 provides for the constitution of an ICC under Sec. 4(2) and stipulates that there should be a third-party member to guard against the exercise of undue pressure from senior levels. Who should be such a third-party member and how should he/she be chosen? This is an extremely important issue that requires the attention of employers. Refer to the article on this topic for knowledge updates.
From India, New Delhi
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Sexual Harassment Of Women at Workplace (Prevention, Prohibition, Redressal) Act, 2013 - Nomination and Role of Third Party Member in the Internal Complaints Committee
The Internal Complaints Committee (ICC) is mandated to be constituted under Section 4(1) of the SHWW (PPR) Act, 2013. The aims, objectives, and functions of the ICC are defined in Sections 9 to 15 and Section 21 of the Act. Although the Act does not explicitly specify the minimum or maximum number of members to be nominated in the ICC, Sections 4(2)(a), (b), and (c) indicate that there should be at least four members. The qualifying criteria for these members and the basis of their nomination are described in the aforementioned sections. The Chairperson/Presiding Officer of the ICC must be a senior-level woman employee from among the employees at the workplace. Two other members must also be from among the employees of the same workplace, committed to the cause of women, experienced in social work, or possessing legal knowledge. It is relevant to mention that Section 4(2)(b) does not require these two members to be women, allowing for the nomination of male employees, provided the qualifying criteria are met.
Nomination of the Fourth Member
The nomination of the fourth member is a critical requirement of the Act, deserving careful consideration by the employer. Section 4(2)(c) prescribes that one member should be from non-governmental organizations or associations committed to the cause of women or a person familiar with issues relating to sexual harassment. This involves an external member in the ICC, who should ideally be from an NGO/Association dedicated to women's issues, such as victims of molestation, workplace exploitation, sexual assault, and domestic violence. Alternatively, the Act allows for a person familiar with sexual harassment issues to be nominated as an External Member.
Role of the External Member
Section 4(2)(c) of the Act, as explained in Rule 4 of the SHWW (PPR) Rules, 2013, elaborates that a "person familiar with the issues relating to sexual harassment" should have expertise in this area. This may include a social worker with at least five years of experience in social work related to women's empowerment and addressing workplace sexual harassment, or a person familiar with labor, service, civil, or criminal law. The order of preference for nominating an External Member is as follows:
1. First preference: An NGO committed to the cause of women.
2. Second preference: A person with five years of experience in social work for women's empowerment or addressing workplace sexual harassment.
3. Third preference: A person knowledgeable in labor or service law.
4. Fourth preference: A person familiar with civil or criminal law.
Guidelines from the Vishaka Case
The guidelines and norms prescribed by the Hon'ble Supreme Court of India in the Vishaka & Others vs. State of Rajasthan case (AIR 1977 SC 3011) emphasize the involvement of a third party, either an NGO or another body familiar with sexual harassment issues, to prevent undue pressure or influence from senior levels. This historical judgment forms the basis of the SHWW (PPR) Act, 2013, and underscores the importance of involving a third-party member in the ICC.
Conclusion
The nomination of a third-party member is crucial in the constitution of an ICC as per the SHWW (PPR) Act, 2013. The External Member must be nominated from the initial stage of the ICC's constitution. It is emphasized that the powers of nomination are conferred upon the employer and cannot be delegated. The role of the External Member, as mandated in Section 4(2)(c), is to prevent undue pressure or influence during inquiries and ensure compliance with the prescribed procedures. The law imposes significant responsibility on both the employer and the External Member for the fair implementation of the Act.
Regards, C.M. Lal
From India, New Delhi
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The Internal Complaints Committee (ICC) is mandated to be constituted under Section 4(1) of the SHWW (PPR) Act, 2013. The aims, objectives, and functions of the ICC are defined in Sections 9 to 15 and Section 21 of the Act. Although the Act does not explicitly specify the minimum or maximum number of members to be nominated in the ICC, Sections 4(2)(a), (b), and (c) indicate that there should be at least four members. The qualifying criteria for these members and the basis of their nomination are described in the aforementioned sections. The Chairperson/Presiding Officer of the ICC must be a senior-level woman employee from among the employees at the workplace. Two other members must also be from among the employees of the same workplace, committed to the cause of women, experienced in social work, or possessing legal knowledge. It is relevant to mention that Section 4(2)(b) does not require these two members to be women, allowing for the nomination of male employees, provided the qualifying criteria are met.
Nomination of the Fourth Member
The nomination of the fourth member is a critical requirement of the Act, deserving careful consideration by the employer. Section 4(2)(c) prescribes that one member should be from non-governmental organizations or associations committed to the cause of women or a person familiar with issues relating to sexual harassment. This involves an external member in the ICC, who should ideally be from an NGO/Association dedicated to women's issues, such as victims of molestation, workplace exploitation, sexual assault, and domestic violence. Alternatively, the Act allows for a person familiar with sexual harassment issues to be nominated as an External Member.
Role of the External Member
Section 4(2)(c) of the Act, as explained in Rule 4 of the SHWW (PPR) Rules, 2013, elaborates that a "person familiar with the issues relating to sexual harassment" should have expertise in this area. This may include a social worker with at least five years of experience in social work related to women's empowerment and addressing workplace sexual harassment, or a person familiar with labor, service, civil, or criminal law. The order of preference for nominating an External Member is as follows:
1. First preference: An NGO committed to the cause of women.
2. Second preference: A person with five years of experience in social work for women's empowerment or addressing workplace sexual harassment.
3. Third preference: A person knowledgeable in labor or service law.
4. Fourth preference: A person familiar with civil or criminal law.
Guidelines from the Vishaka Case
The guidelines and norms prescribed by the Hon'ble Supreme Court of India in the Vishaka & Others vs. State of Rajasthan case (AIR 1977 SC 3011) emphasize the involvement of a third party, either an NGO or another body familiar with sexual harassment issues, to prevent undue pressure or influence from senior levels. This historical judgment forms the basis of the SHWW (PPR) Act, 2013, and underscores the importance of involving a third-party member in the ICC.
Conclusion
The nomination of a third-party member is crucial in the constitution of an ICC as per the SHWW (PPR) Act, 2013. The External Member must be nominated from the initial stage of the ICC's constitution. It is emphasized that the powers of nomination are conferred upon the employer and cannot be delegated. The role of the External Member, as mandated in Section 4(2)(c), is to prevent undue pressure or influence during inquiries and ensure compliance with the prescribed procedures. The law imposes significant responsibility on both the employer and the External Member for the fair implementation of the Act.
Regards, C.M. Lal
From India, New Delhi
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Sexual Harassment of women at workplace (Prevention, Prohibition & Redressal) Act 2013.pdf