How Does Conciliation Work in Sexual Harassment Cases Under the SHWW Act, 2013?

Conciliation under SHWW (Prevention, Prohibition & Redressal) Act, 2013 in Sexual Harassment Complaints

Conciliation is an important process under the SHWW Act, 2013, which aims to address and resolve sexual harassment complaints in the workplace. This process allows the aggrieved woman to seek a resolution through mutual agreement, facilitated by the Internal Complaints Committee (ICC) or the Local Complaints Committee (LCC). It is crucial to ensure that the conciliation process is conducted fairly and without any pressure on the complainant to settle for an unsatisfactory outcome.

In the context of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, conciliation plays a significant role in addressing sexual harassment complaints. Here are key points to consider regarding conciliation under this Act:

1. Initiation of Conciliation: Conciliation can be initiated by the Aggrieved Woman-Complainant only.
2. Basis of Conciliation: Monetary considerations should not form the basis of conciliation or settlement.
3. Timing of Conciliation: Conciliation cannot take place once the Internal Committee (IC) has commenced inquiry proceedings.
4. Consent of Respondent: The Respondent must agree to participate in conciliation.
5. Settlement Recording: The IC is responsible for recording the settlement and providing copies to the Complainant, Respondent, and Employer.
6. Proceeding with Inquiry: If no settlement is reached, the IC will proceed with the inquiry.
7. Non-Compliance: In case the Respondent fails to fulfill the terms of the settlement, the IC will either inquire into the non-compliance or escalate the matter to the Police.

Conciliation under the SHWW Act provides a cost-effective and confidential option for resolving sexual harassment complaints. It is crucial to understand the distinctiveness of conciliation under this Act compared to other legal frameworks such as the Industrial Disputes Act. The focus remains on ensuring a fair and just process for addressing complaints while upholding the integrity of the Act.

It is noteworthy that Aggrieved Women are typically steadfast in their pursuit of justice and truth, often opting against conciliation to emphasize the genuineness of their complaints. Employers must ensure proactive compliance with the Act to address any concerns of apathy or non-compliance effectively.

In conclusion, conciliation under the SHWW Act serves as a vital mechanism for resolving sexual harassment complaints, emphasizing fairness, confidentiality, and adherence to the law.