Hi, I tried to collate the Sexual Harassment Act passed by any authenticated body, which would cover how to set up a sexual harassment cell in a company and under which section of the Indian Penal Code (IPC) it falls if legal action needs to be taken.
From India, Bangalore
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From India, Bangalore
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Composition of the Internal Complaints Committee (ICC)
The ICC must have at least four members. The members of the Internal Complaints Committee are nominated by the employers and should comprise:
1) A senior woman employee from the organization (she will be the presiding officer of the committee).
2) At least two employees who have experience in social work, legal knowledge, or are committed to the cause of women's rights.
3) One person from an NGO or an association, or someone who has experience with issues relating to sexual harassment.
Moreover, at least half of the members should be women. You can access the gazette notification here: http://wcd.nic.in <link updated to site home>
Legal Actions Under the Sexual Harassment Act
The legal actions need to be taken under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 itself. However, criminal action may be taken under the IPC if the allegation is proved against the accused. The person may be booked under sections 354A, 509, 294, 354, 354B, 354D of the IPC depending on the gravity and nature of the offense.
From India, New Delhi
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6The ICC must have at least four members. The members of the Internal Complaints Committee are nominated by the employers and should comprise:
1) A senior woman employee from the organization (she will be the presiding officer of the committee).
2) At least two employees who have experience in social work, legal knowledge, or are committed to the cause of women's rights.
3) One person from an NGO or an association, or someone who has experience with issues relating to sexual harassment.
Moreover, at least half of the members should be women. You can access the gazette notification here: http://wcd.nic.in <link updated to site home>
Legal Actions Under the Sexual Harassment Act
The legal actions need to be taken under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 itself. However, criminal action may be taken under the IPC if the allegation is proved against the accused. The person may be booked under sections 354A, 509, 294, 354, 354B, 354D of the IPC depending on the gravity and nature of the offense.
From India, New Delhi
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Sexual harassment act.pdf
Membership of the Internal Complaints Committee.docx