Indian Law on "The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013"

Purpose:

To provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for the matters connected therewith of thereto.

Why this Act: 

• Sexual Harassment at a workplace is considered violated of women's right to equality, life and liberty. It creates an insecure and hostile work environment, which discourages women's participation in work, thereby adversely affecting their social and economic empowerment and the goal of inclusive growth.
• With more and more women joining the workforce, both is organised and un-organised sectors, ensuring and enabling working environment for women through legislation is felt imperative by the Government.

Two entities affected/involved:

Employee: A person employed at the workplace for any work on regular, temporary, ad-hoc, daily wage basis, either directly or through an agent, including a contractor, with or without the knowledge of the principal employer, whether or not for remuneration or working on the voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name.

Employer: In relation to ant department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate Government or a local authority in the above.

If not specified any person responsible for management, supervision or control of the workplace.

Sexual Harassment Defined:

Includes any one or more of the following un-welcomed acts or behaviour (whether directly or by implication) viz:

Physical Contact or advances

A demand or request for sexual favour

Making sexually coloured remarks

Showing pornography

Any unwelcome physical, verbal or non-verbal conduct of sexual nature.

Constitution of Internal Complaints Committee:

Every Employer of a workplace shall by order in writing constitute a committee to be known as "Internal Complaints Committee"

Member of the Committee:

Presiding Officer who shall be a women employed at a senior level at workplace from amongst the employees.

Not less than two members from amongst employees preferably committed to the cause of women/experience in social work/have legal knowledge.

One member from the NGO/associations committed to the cause of women/person familiar with the issues related to sexual harassment.

The committee members to hold office for three years and External member will be paid fees.

Complaint of sexual Harassment

A written Complaint to the Internal Committee by the complaint, within a period of three months from the date of incident and incase of series of incidents, within a period of three months from the date of last incident.

The internal committee can extend the period with reasons in writing exceeding not more than 3 months.

Legal heir or such other person can make a complaint on account of her physical or mental incapacity or death.

Provisions for Complaint Redressal:

Written report is necessary in each person

• Conciliation - At the request of the aggrieved woman before initiating an inquiry to settle the matter.
• No monetary settlement shall be made as a basis for conciliation and no inquiry will be conducted.

Inquiry into Complaint

The internal committee has same power as are vested in a civil court, such as

• Summoning and enforcing attendance of any person and examining him on oath.
• Requiring the discovery and production of documents.
• Any other matter which may prescribed

Inquiry to be completed in 90 days.

FALSE Accusation:

Punishment for False or Malicious Complaint and False Evidence.  Mere inability to substantiate a complaint or provide adequate proof need not attract action against a complaint.

If the internal committee comes to a conclusion that it was false and/or malicious accusation and/or the witness has given false evidence or produced any forged or misleading document, it may recommend the employer for the complaint and/or the witness to take action in accordance with the provision of the service rules or where no such service rules exist, in such manner as may be prescribed.