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 by the Lok Sabha (the lower house of the Indian Parliament) on 3 September 2012 and by the Rajya Sabha (the upper house of the Indian Parliament) on 26 February 2013. The Bill received the President's assent on 23 April 2013, and the Act came into force on 9 December 2013. This statute superseded the Vishakha Guidelines for the prevention of sexual harassment introduced by the Supreme Court of India. It was reported by the International Labour Organization that very few Indian employers were compliant with this statute.
Background and Provisions:
The Act ensures that women are protected against sexual harassment at all workplaces, whether public or private. This contributes to the realization of their right to gender equality, life, liberty, and equality in working conditions everywhere. A sense of security at the workplace will improve women's participation in work, resulting in their economic empowerment and inclusive growth.
The Act uses a definition of sexual harassment laid down by the Supreme Court of India in Vishaka v. State of Rajasthan (1997). Article 19 (1) g of the Indian Constitution affirms the right of all citizens to be employed in any profession of their choosing or to practice their own trade or business. Vishaka v. State of Rajasthan established that actions resulting in a violation of one's rights to 'Gender Equality' and 'Life and Liberty' are, in fact, a violation of the victim's fundamental right under Article 19 (1) g. The case ruling establishes that sexual harassment violates a woman's rights in the workplace and is thus not just a matter of personal injury.
Major Features:
The Act defines sexual harassment at the workplace and creates a mechanism for the redressal of complaints. It also provides safeguards against false or malicious charges. The Act covers concepts of 'quid pro quo harassment' and 'hostile work environment' as forms of sexual harassment if they occur in connection with an act or behavior of sexual harassment.
The definition of "aggrieved woman," who will get protection under the Act, is extremely wide to cover all women, irrespective of age or employment status, whether in the organized or unorganized sectors, public or private, and covers clients, customers, and domestic workers as well.
While the "workplace" in the Vishaka Guidelines is confined to the traditional office setup where there is a clear employer-employee relationship, the Act goes much further to include organizations, departments, offices, branch units, etc., in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complexes, and any place visited by the employee during the course of employment, including transportation. Even non-traditional workplaces that involve telecommuting will be covered under this law.
The Committee is required to complete the inquiry within a period of 90 days. Upon completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, and they are mandated to take action on the report within 60 days.
Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The District Officer is required to constitute a Local Complaints Committee at each district, and if required, at the block level. The Complaints Committees have the powers of civil courts for gathering evidence. The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant.
The inquiry process under the Act should be confidential, and the Act lays down a penalty of Rs 5000 on the person who has breached confidentiality. The Act requires employers to conduct education and sensitization programs and develop policies against sexual harassment, among other obligations. Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine of up to ₹50,000. Repeated violations may lead to higher penalties and cancellation of license or registration to conduct business.
The government can order an officer to inspect the workplace and records related to sexual harassment in any organization. Under the Act, which also covers students in schools and colleges as well as patients in hospitals, employers and local authorities will have to set up grievance committees to investigate all complaints. Employers who fail to comply will be punished with a fine of up to 50,000 rupees.
The legislative progress of the Act has been lengthy. The Bill was first introduced by Women and Child Development Minister Krishna Tirath in 2007 and approved by the Union Cabinet in January 2010. It was tabled in the Lok Sabha in December 2010 and referred to the Parliamentary Standing Committee on Human Resources Development. The committee's report was published on 30 November 2011. In May 2012, the Union Cabinet approved an amendment to include domestic workers. The amended Bill was finally passed by the Lok Sabha on 3 September 2012. The Bill was passed by the Rajya Sabha on 26 February 2013. It received the President of India's assent and was published in the Gazette of India, Extraordinary, Part-II, Section-1, dated 23 April 2013 as Act No. 14 of 2013.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Chapter II: Constitution of Internal Complaints Committee
4. Constitution of Internal Complaints Committee.
1. Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Complaints Committee":
Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional levels, the Internal Committee shall be constituted at all administrative units or offices.
2. The Internal Committee shall consist of the following members to be nominated by the employer, namely:
a. A Presiding Officer who shall be a woman employed at a senior level at the workplace from amongst the employees:
Provided that 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 (1):
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. 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. 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.
3. The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.
4. The Member appointed from amongst the non-governmental organizations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer, as may be prescribed.
5. Where the Presiding Officer or any Member of the Internal Committee:
a. Contravenes the provisions of section 16; or
b. Has been convicted for an offense or an inquiry into an offense 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 Presiding Officer or Member, as the case may be, 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.
Regards