Silent feature of Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013.

Silent feature of Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013.

Parliament has enacted the prevention of sexual harassment of women   at workplace Act 2013 in the pursuance of Vishak guidelines laid down by the Supreme Court in 2005.

1.      Purpose of Act is to provide protection against sexual harassment of woman at workplace and for the prevention and redressal of complaints of sexual harassment.

2.       Act is applicable to the entire territory of India.

3.      Aggrieved women means woman of any age whether employed or not employed who is subjected to any act of sexual harassment- The definition of aggrieved women is defined in wider sense. Therefore victim of sexual harassment may be either employed woman or non employed woman who is present at the workplace.

4.      This protection is available even in for the woman worker who is working in domestic house or dwelling house.

5.      Work place has been defined in very widest sense; it includes work place in government, private, NGO, co-operative society, trust, sports, stadium, education, entrainment, hospitals, industry, complex, service provider and dwelling house. It includes the place of production, supply, sale, distribution or service.

6.      Sexual harassment means any acts of the following unwelcome acts of physical contract and advances, a demand or request for sexual favors, ,making sexually colored remarks, showing pornography, and any other unwelcome physical or verbal act.

7.      Every employer of workplace shall constitute Internal Complaints Committee (ICC) at every unit of workplace.

8.      Chairperson of ICC will be senior most woman worker of the workplace, not less than two persons who are committed to the cause of woman or social work, one member from the non-governmental organization. Woman should constitute 50/ percentage of overall committee members.

9.      Any District Magistrate, Collector or Deputy Collector may be appointed as District officer for District under this Act.

10.  District officer shall Constitute Local Complaints Committee. Chairperson of LCC is eminent women in the field of social work related cause of women. One member from taluk level, two members from non-governmental organization, at least one member should have the knowledge of law, and at least one member should be from the schedule cast or tribe or backward community or minority. Social welfare officer is ex officio member of Committee.

11.  LCC will entrain complaints of sexual harassment where employer has not constituted ICC or complaint of sexual harassment is against the employer himself.

12.  Any aggrieved woman has to make complaint in writing before ICC, if not constituted before LCC, within three months from the date of incidence. Delay can be condoned by the Committee. The Committee shall complete the enquiry within period of 90 days from the date of filling complaint.

13.  Committee can conduct the conciliation at the instance of aggrieved woman. If compromise is reached, committee shall not conduct the enquiry of complaint. However the employer is failed to honour compromise, the committee may conduct the enquiry.   During the enquiry, if it is found that employee has committed the act of sexual harassment, the committee shall make complaint to the police within seven days from its finding and recommend to the employer to take action against employee.      

14.  Committee has the power of civil court to conduct enquiry. Committee during enquiry may recommend the transfer of aggrieved woman or employee; even woman may be given three months leave also. These three months leave in addition with other leave. Employer shall implement these recommendations. 

15.  All the names of the parties are kept in confidence and cannot be disclosed even under the Right to information Act.

16.  Any amount payable to the woman is deductible from the salary of employee, if employee has already resigned, then it is recoverable from him. The amount is recoverable as land revenue. District Collector shall initiate the recovery of land revenue within 60 days from the date of receipt of order from committee.

17.  The committee is empowered to recommend punitive measures to employer against woman who has made false and malicious complaint. Even it can punish the person who has given false evidence or produced forged document   during the enquiry.

18.  Employer, who fails to constitute Committee or fails to implement the recommendations of committee, may be punished to the extent of Rs 50000 fine. Further if he commits non-compliance second time he may be fined to the extent double amount of the first fine but it cannot exceed the maximum amount of 50000. Further government can take action of cancelling the license, non-renewal, withdrawal of his registration.

19.  The remedies under this Act is in addition to remedies available under the other existing laws.