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Sexual Harassment of Women at Workplace Act 2013
The Sexual Harassment of Women at Workplace Act, 2013, aims to prevent and address sexual harassment in workplaces across India for organizations with more than 10 employees. It establishes a framework for the formation of Internal and Local Complaints Committees, outlining the process for lodging and inquiring into complaints, and stipulates the duties of employers and district officers. The act emphasizes confidentiality and provides mechanisms for conciliation, penalties for non-compliance, and the need for a safe working environment.
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Introduced in 2013, the Act aims at prevention, prohibition, and redressal of sexual harassment at the workplace.
Chronology of the Act's development: 2007-2013, including key milestones like the Lok Sabha and Rajya Sabha approvals.
The Act includes chapters on preliminary definitions, formation of committees, complaint processes, employer duties, and miscellaneous provisions.
The Act applies to all organizations in India with over 10 employees, and defines aggrieved persons as any female, regardless of employment status.
Lists various types of sexual harassment, including requests for sexual favors, threats, humiliating treatment, and creation of hostile work environments.
Requirements for establishing an ICC, including composition, the presiding officer requirement, and employer obligations.
Enforcement of LCC for smaller organizations not meeting ICC requirements, its composition and chairperson details.
Details tenure of ICC and LCC members not exceeding three years and conditions under which members cannot serve.
Complaint must be written within 3 months; the committee assists in the process, and extensions are possible under certain circumstances.
Timeline requirements for various complaint stages, including replies from respondents and recommendations from committees.
Opportunity for resolving complaints through conciliation before formal inquiries, with stipulations on monetary settlements.
Outlines inquiry procedures, including potential escalation to police, handling complaints involving employees, and ensuring fairness.
Requirements for inquiry report submission; actions against respondents found guilty and rules for addressing false complaints.
Factors considered by the committee when determining compensation includes trauma, career impact, and financial status.
Employers must ensure safety, set up committees, conduct awareness sessions, and provide necessary facilities.
District officers monitor compliance, and penalties can impose fines and other punitive actions for non-compliance.
Duties regarding annual reporting on cases, monitoring implementation, and maintaining statistics on harassment cases.
Critical views on the Act's limitations, including gender equality issues, operational challenges for small enterprises, and need for better complaint handling.
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Sexual Harassment of Women at Workplace Act 2013
- 1. SEXUAL HARASSMENT OFWOMEN AT WORKPLACE ACT, 2013 (Prevention, Prohibition & Redressal) Updated on April 16th , 2015
- 2. [email protected] BACKGROUND OF THEACT 2 YEAR EVENT AUTHORITY 2007 Draft guidelines approved Union Cabinet 2010 Bill introduced Lok Sabha 2012 Passed by Lok Sabha 2013 Passed By Rajya Sabha 2013 Received President’s Assent Published in Official Gazette
- 3. [email protected] CHAPTERS OF THEACT Chapter I : Preliminary II : Constitution of Internal Complaints Committee by an Employer III : Constitution of Local Complaints Committee by District Officer IV : Complaint V : Inquiry into Complaint VI : Duties of Employer VII : Duties & Powers of District Officer VIII : Miscellaneous 3
- 4. [email protected] APPLICABILITY Extends towhole of India Every organisation who has more than 10 employees. 4 WHO CAN BE AN AGGRIEVED PERSON? Anyone who is a Female Irrespective of age Status (single, married or divorced) Whether an employee of the organisation or an outsider
- 5. [email protected] 5 Types of Sexual Harassment Demand or requestfor Sexual Favors Threat about employment status Promise for Preferential treatment Detrimental treatment Humiliating treatment which affects her health Offensive of hostile environment Physical Contact & Advances Unwanted physical, verbal or non verbal conduct of sexual nature Showing pornography Making Sexually colored remarks
- 6. [email protected] INTERNAL COMPLAINTS COMMITTEE(ICC) ICC (Minimum 4) Presiding Officer (Must be Women) Other Members One person from NGO committed to cause of women or familiar with issues relating to sexual harassment on allowance basis •Employer with more than 10 employees in writing shall pass an order to create ICC at all branches & act on its recommendation. •Atleast ½ of the committee members shall be women 6
- 7. [email protected] LOCAL COMPLAINTS COMMITTEE(LCC) Constitution of LCC (5 Members) Must be Women Chairperson Eminent Social person working for the cause of Women Working in the nearby area Belonging to the Schedule Caste or Tribe or Backward Class May or May not be Women Ex- Officio Concerned officer Dealing with social welfare or women & child development in the area Have law or legal knowledge 7 District Officer shall create LCC to receive complaints from:- • Where ICC has not been set due to less than 10 employees in the organisation • If complaint is against the employer • Nodal officer within 7 days
- 8. [email protected] TENURE OF THECOMMITTEE MEMBERS The Presiding Officer or the Chairperson and other members of ICC & LCC shall hold office for such period not exceeding 3 years from the date of appointment as prescribed by the Employer or the District Officer as the case may be. 8 WHO CANNOT BE A PART OF THE COMMITTEE? Contravenes section 16 Convicted for an offence or enquiry under any law is time being pending against him/her. Has been found guilty or disciplinary proceeding is pending against her Has abused his/her position as to render his continuance in office prejudicial to the public interest
- 9. [email protected] COMPLAINT Need tomake in writing (6 copies) along with supporting documents with the name and address of the witnesses. within 3 months of the incident or from last instance in case of series of incidents The Committee shall assist the aggrieved person to make the complaint in writing. can extend the time for filing complaint if it is satisfied with the reason for the delay If she is unable to do so due to mental or physical incapacity then the legal heir or the person as may be prescribed may make a complaint under this section. 9
- 10. [email protected] PERIOD IN WHICHTHE COMPLAINT NEEDS TO BE SET OFF!! 10 Within 3 months of the last instance Aggrieved shall give written complaint Within 7 days the Committee shall send a copy of the complaint to the respondent Within 10 Days from receipt of the complaint Respondent shall file a reply along with documents, name & address of the witnesses Within reasonable time period The committee shall give the recommendations Within 90 Days An Appeal can be filed against the recommendation
- 11. [email protected] COMPLAINT SETTLEMENT THROUGHCONCILIATION At the request of the aggrieved women take steps to settle the matter between her and the respondent through conciliation before making an enquiry. Though no monetary settlement shall be considered Post settlement ICC or LCC shall record the settlement Send the same to the employer or the District Officer to take action as specified in the recommendation. Committee shall also provide the copies of the recorded statement to the aggrieved women and the respondent. Where an settlement has arrived no further inquiry shall be made by the committee 11
- 12. [email protected] INQUIRY INTO COMPLAINT In case the respondent is an employee the committee shall proceed in accordance with the service rules. where not available or applicable shall forward the complaint to the police under 509 of the Penal Code and relevant provisions within 7 days if prima facia case exist. Also if the complainant informs the committee that any terms or condition of the settlement has not been complied then the committee proceed to make an enquiry or forward the complaint to the police If both are employees then opportunity to be heard shall be given equally 12
- 13. [email protected] INQUIRY INTO COMPLAINT Notwithstanding anything contained in the section 509 of the Penal Code may direct the respondent to pay sums as it may appropriate to the aggrieved women having regard to section 15 During the pendency of an inquiry the committee may recommend:- Transfer the aggrieved women or the respondent to new work place Grant leave to the aggrieved up to a period of 3 months which shall be in addition to the leave entitled to her Grant any other relief as may be prescribed Employer shall implement upon the recommendation and send a report to the committee 13
- 14. [email protected] INQUIRY REPORT Within10 days of completion of the enquiry the committee shall provide report to the employer or district officer as the case may be and should be available to the concerned parties If the committee arrives at the conclusion that the allegation has not been proved it shall recommend to take no action. 14 RESPONDENT PROVED GUILTY Take action in accordance with the provisions of the service rules applicable, where no such rules has been made, in such manner as prescribed To deduct from the salary or wages or direct such sum as it may consider appropriate to be paid to aggrieved or her legal heirs in accord with sec. 15 The concerned authority shall act upon the recommendation within 60 days of its receipt.
- 15. [email protected] IF ALLEGATIONS PROVEDTO BE WRONG If false complaint made or any forged documents being produced the committee may recommend to take action as per the service rules or as otherwise prescribed. But if the complainant is unable to provide adequate proof then no action is to be taken The malicious intent shall be established after an enquiry in accordance has been made with the prescribed procedure. Committee arrives at an conclusion that during inquiry false evidence has been produced then it may recommend action against the witness as per service rule or as prescribed 15
- 16. [email protected] SECTION 15 (DETERMININGOF SUMS TO BE PAID) Committee shall need to have regard to:- The mental trauma, pain suffering and emotional distress caused to the aggrieved The loss in the career opportunity Medical expenses incurred post the incident Income & financial status of the respondent Feasibility of such payment in installment or in lump sum 16 SECTION 16 (MAINTAINENCE OF SECRECY) Notwithstanding anything contained in the Right to Information Act The Complaint Identity & Address of Aggrieved, respondent and witness Information relating to the conciliation, Inquiry and recommendation by the committee Action taken by employer or District Officer Shall not be published, communicated or made known public, in media in any manner
- 17. [email protected] Safe WorkingEnvironment and safety from persons coming into contact at the workplace Display The penal consequences of sexual harassment Order constituting the Committee Organise workshops and awareness programmes at regular intervals Providing necessary facilities to the committee for dealing with complaint and conducting an inquiry Assist in securing the attendance of witness & respondent before the committee 17 DUTIES OF EMPLOYER
- 18. [email protected] DUTIES OF EMPLOYER Make such information available to the committee as it may require in accordance with the complaint lodged Provide assistance to the aggrieved if she wishes to file the complaint under Indian Penal Code or any other law in force Treat sexual harassment as a misconduct under service rules and initiate action for such misconduct Monitor timely submission of report by the ICC Cause to initiate action, under the Penal Code against the perpetrator in the workplace where the incident took place 18
- 19. [email protected] DUTIES OF THEDISTRICT OFFICER Monitor the timely submission of reports furnished by the LCC. Take such measures as may be necessary for engaging NGO for creation of awareness on sexual harassment and the rights of the women. 19 NON COMPLIANCE OF THE ACT Monetory penalty of upto maximum of Rs. 50,000/- may be imposed. Repetition of the same could result in punishment being doubled and/or De-registration of the entity or revocation of any statutory business licences.
- 20. [email protected] MISCELLANEOUS The committeein such form at such time as prescribed, an annual report and submit the same to the employer or the District Officer District Officer shall submit the brief report on annual report to the State Government. The employer in his annual return shall include the number of cases filed if any and their disposal under this Act, where no such report is required to be prepared intimate such number of cases to the District Officer The appropiate Government shall monitor the implementation of this Act and shall maintain data on the number of cases filed & disposed in respect of all cases of sexual harassment at workplace 20
- 21. [email protected] OUR VIEWS Wefeel the need for the law was always there however there are few things which we thought that should have been considered:- Gender Equality – can a man not be sexually harassed? If no educated women is there in the organisation who then shall be the Presiding Officer of ICC generally in unorganised sector We have a concern that ACT shall be limited to mere paperwork in Small and Medium Business House. Instead of having individual ICC an agency could have been hired on an AMC basis Online portal for registering the complaint in the LCC Evidence!! Seriously?? How can the female be aware about mishappening that shall happen. Sometimes it takes place so quick that the person is in the traumatised form herself 21