Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Introduction:

Sexual Harassment of Women at Workplace Act, 2013 aims at protecting women’s from sexual harassment.

Sexual harassment at the workplace is a problem faced by people all over the world every gender faces it but female gender is more prone to it. It doesn’t matter whether it’s developed, developing or the under-developed country it happens everywhere.

Before this act, there was Vishakha Guidelines which came after Vishakha and others v. the State of Rajasthan (1997) 6 SCC 241, AIR 1997 SC 3011[1] this case showed the inability of Rajasthan High Court to provide justice to Bhanwari Devi who was brutally gang-raped for stopping child marriage. It was part of her work as a member of the Development Program. Later on, the Supreme Court took the case and provided justice. Sexual Harassment act uses the definition of sexual harassment laid down by the Supreme Court in this case.

Before Vishakha Guidelines there were no specific act or regulation which governed sexual harassment cases. This guideline was made by the Supreme Court for the time being till Parliament made any laws for women at the workplace.

Before this act complaint was lodged under section 354 and 504 of IPC.

This act has been divided into VIII chapters with 30 sections in it.

Objective

• The act aims to protect women’s from harassment (physical or mental) in office.
• And encourage women’s participation in the office.

Constitution of Internal Complaint Committee.

Section 4 of the Act makes it compulsory for the employer to constitute an internal complaint committee.

Internal Committee to consist of following members –

1.  A Presiding officer who has to be a woman who is employed at a senior level. In the case where offices or administrative units do not have a senior level woman employee, then Officer shall be nominated from any other workplace of the same employer or department or organisation.
2. At least two members are to be part
3. One person from a non-governmental organisation or association.
4. At least one-half of the total members appointed have to be women.

4(3) states that members should not hold office for more than 3years.

4(5) if any preceding officer or member breaks any rules or abuse their position they shall be removed from their positions immediately.

Constitution of Local Complainant Committee

According to Section 6 district officer has to constitute a local complaint committee to receive sexual harassment cases from the establishments which do not have internal complaint committee because of less (10) number of workers or the complaint is against the employer. The district officer has to appoint a nodal officer for every block to receive complaints and forward them to the committee within 7 days.

Local Committee to consist of following members –

1.  A chairperson who has to be a woman and have to work for women.
2. One women member to be nominated from the block, tehsil.
3. Two members are to be nominated from non-governmental organisations or associations and one has to be a woman and should belong to STs or SCs or Other Backward Class.

7(2) the tenure should not exceed 3 years. Punishment is to be provided to members or chairperson who breaks any rules or abuses their power.

Fees and Allowances for Local Committee

Fees or allowances are to be provided to the members of the committee.

According to section 8 of the act, the Central Government as it may deem fit may grant such sum of money to the State Government for paying allowances or fees to the local committee for their work.

The Central Government may establish an agency to whom the money will be given by the Central Government and the agency will further transfer the money to District Officer for payment.

The account of the agency is to be properly managed and audited consultation of Accountant General of State can be taken.

Complaint

According to Section 9 of the act, an aggrieved woman in writing can file a complaint to the internal or local committee if the internal committee isn’t established. The complaint is to be filed within 3 months from the last incident.

If the women due to any reason cannot give complaint in writing to the committee, the members of the committee should assist the women.  The time period can be extended by the committee but not more than 3 months.

If the aggrieved woman is unable to file the complaint because of mental or physical incapacity or due to death then her legal representative can file a complaint on her behalf.

Section 10 Conciliation – If the women before inquiry requests for settlement through conciliation it can be done. The settlement shouldn’t be based on money. Copy of settlement is to be provided to both the parties. After settlement, no inquiry is to take place.

Functions and Powers of Local or Internal Committee

1.  To receive a complaint under section 9
2. To make a settlement between the parties if the aggrieved women request’s.
3. Inquire into the complaint section 11 – to whichever committee the case has been filed the committee has to do inquiry. If prima facie exist, the complaint is to be forwarded to police within 7 days under section 509 of IPC and any other section suitable.
   If any point of settlement has not been followed by respondent the committee has to inquire into it. Both parties should be given the opportunity to be heard.
4. For the purpose of the inquiry, the committee has the power of the Civil Court for the following matters –
   • summoning and enforcing the attendance of any person and examining him on oath;
   •  requiring the discovery and production of documents; and
   • any other matter which may be prescribed
5. During the pendency of case on the request of the aggrieved women the committee may –
   • Recommend transfer of workplace for women or respondent
   • Grant leave for 3 months to the aggrieved women.
   • Any other recommendation as it may deem fit.
6. It’s the function of the committee to give a report of its final findings to the employer or District Officer.
7. If the committee concludes that respondent is at fault then it shall recommend employer or District officer –
   • To take action against the respondent in accordance with the service rules.
   • Deduct money from the salary of the respondent. If the employer or district officer is unable to deduct the money because of his absence then the respondent may be asked to pay. If the respondent doesn’t pay then the committee can recover the money from his property.
     The employer or officer has to act within 60 days of recommendation.
8. It is the duty of the committee to ensure that if a false or malicious complaint has been filed against respondent it has to inform the employer or officer as the case may be and it has to ensure that the women or person who filed a complaint on her behalf is punished. Provided that mere inability to provide adequate proof won’t lead to punishment against the complainant.
   Or if the committee finds during the inquiry that the witness has been forged or false or is misleading the same will be reported to the employer and officer and they will take action.
9. The committee has to submit an annual report.

Section 15 of the act helps in determining the amount of compensation to be paid to the aggrieved women. Factors which are to be considered while determining amount are mentioned.

Section 16 of the act states that no information regarding the case or conciliation shall be published by the media or newspaper etc. in any manner. Section 17 of the act state that if any information is published or known by the public the person who is responsible shall be given punishment.

Duties of Employer (section 19)

• Shall provide a safe environment
• Organise workshops to create awareness amongst the workers
• Provide necessary facilities to Internal committee or Local committee
• Monitor reports submitted by the committee.
• Many more which are mentioned under the section

Duties of District Officer

1. Monitor the report submitted by the local committee
2. Take measures to ensure the involvement of non-governmental organisations in creating awareness.

 If the employer doesn’t comply with the act he shall be punished with a fine which may extend till 50,000 or his license can be cancelled or suspended etc. If he repeats the offence the fine can be doubled.

Features of the Act

1. Provides safeguard against false compliant.
2. Aggrieved women cover all women’s despite their age or occupation or sector.
3. An inquiry is to be completed within 90 days.
4. The employer or District officer has to act within 60 days after receiving the report.
5. The committee has the power of the Civil Court.
6. Money payable to the aggrieved women is to be given from the accused’s salary or property.
7. Government can order any officer to inspect the workplace and collect records relating to sexual harassment.

Conclusion

Sexual harassment at the workplace is not a new concept it has been existing since ancient times. It’s a serious problem which requires good laws and strict implementation on behalf of the government. India has been a bit late in formulating the laws. One of, the greatest issues is not the misuse of law but under-reporting of cases.

Even though the Act has been present since 2013 but the awareness amongst the people about sexual harassment is less due to which people don’t take the crime seriously due to which women’s aren’t allowed to work or they don’t want to work because of the harassment.

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Reference:

[1] Vishakha v. Sate of Rajasthan https://en.m.wikipedia.org/wiki/Vishakha_and_others_v_State_of_Rajasthan