Introduction
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a crucial legislation in India that aims to create a safe and secure working environment for women. This Act provides a comprehensive framework for preventing and addressing sexual harassment at workplaces.
1. Definition of Sexual Harassment
The Act defines sexual harassment as unwelcome acts or behavior, whether directly or by implication, including physical contact and advances, demand or request for sexual favors, making sexually colored remarks, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
2. Applicability
The Act applies to all workplaces, including both the organized and unorganized sectors, and covers women of all ages, whether employed, voluntary, or visiting the workplace.
3. Employer’s Responsibility
The Act places the responsibility on employers to prevent and address sexual harassment in the workplace. Employers are required to establish an Internal Complaints Committee (ICC) to receive and redress complaints of sexual harassment.
4. Composition of Internal Complaints Committee
The ICC must be composed of at least four members, including a presiding officer who should be a woman, and at least half of the members should be women. The committee should also include an external member from a non-governmental organization.
5. Duties and Powers of Internal Complaints Committee
The ICC has the power to receive complaints, conduct inquiries, recommend action, and provide redressal to the victim. It is also responsible for monitoring the implementation of the Act and conducting awareness programs.
6. Timeframe for Resolution
The Act mandates that complaints of sexual harassment should be resolved within a period of 90 days from the date of filing the complaint.
7. Confidentiality
The Act ensures that the identity of the complainant, respondent, and witnesses should be kept confidential during the inquiry process to protect their privacy and prevent any potential victimization.
8. Protection against Retaliation
The Act prohibits any form of retaliation against the complainant or witnesses. Employers are required to take necessary steps to prevent victimization or retaliation against the person who has filed the complaint.
9. Awareness and Training
The Act emphasizes the importance of creating awareness about sexual harassment and conducting regular training programs for employees to prevent and address such incidents.
10. Remedies and Redressal
The Act provides for a range of remedies and redressal measures, including written apologies, compensation, counseling, transfer of the respondent, and termination of employment in severe cases.
11. External Complaints Committee
In cases where the employer does not have an ICC due to the smaller size of the organization, the Act provides for the formation of a Local Complaints Committee (LCC) at the district level to address complaints of sexual harassment.
12. Penalties
The Act imposes penalties on employers who fail to comply with its provisions, including a fine of up to Rs. 50,000 for non-compliance with the Act or failure to constitute an ICC.
13. False Complaints
The Act also addresses the issue of false complaints by providing for action against those who maliciously file false or malicious complaints of sexual harassment.
14. Prevention and Monitoring
The Act requires employers to undertake measures for preventing sexual harassment, such as the display of the provisions of the Act, setting up an inquiry mechanism, and conducting periodic monitoring to ensure compliance.
15. Annual Reports
Employers are required to submit an annual report to the appropriate government authority, detailing the number of complaints received, actions taken, and the outcome of the inquiries.
Conclusion
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a significant legislation that aims to protect women from sexual harassment in the workplace. By establishing a robust framework for prevention, prohibition, and redressal, this Act plays a crucial role in creating a safe and inclusive work environment for women.