Sexual harassment at workplace

The Protection of Women from Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013, focuses on prevention of sexual harassment at workplace and provides a redressal mechanism.

The Act upholds women’s fundamental rights to equality, right to live with dignity and right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe working environment, free from sexual harassment as provided under Article 19 (1) (g) of the Indian Constitution.

In order to further mainstream the issue and to help organizations to standardize their response mechanisms, Ministry of Women and Child Development (WCD), Government of India has recently published a Handbook on the Act. The booklet has been sent to all Central Government Ministries/Departments, State Governments and Business Chambers for use as ready reckoner.

The Ministries/ Departments in Government of India have been advised by WCD Ministry to ensure the compliance of the Act. Trade chambers have also been requested to ensure effective implementation of the Act amongst their members in private sector entities.

The above mentioned Act covers all women, irrespective of their age or employment status and protect them against sexual harassment at all workplaces both in public and private sector, whether organized or unorganized. The domestic workers are also included under the ambit of the Act.

The Act defines “sexual harassment at the workplace” in a comprehensive manner and casts an obligation upon all the organizations (whether private or public sector) having 10 or more workers to constitute Internal Complaints Committee (ICC) for receiving complaints of sexual harassment. A complaint of sexual harassment can be filed within a time limit of 3 months which can be extended in certain situations.

Employers are required to organize workshops and awareness programmes at regular intervals for sensitizing the employees about the legislation and display notices regarding the constitution of Internal Committee and penal consequences of sexual harassment etc.

Section 26(1) of the Act states that an employer will be liable to a fine of Rs 50,000 in case of violation of his duties under the Act and in case of subsequent violation, the amount of fine will be doubled together with penalty in the form of cancellation of his licence or withdrawal or non-renewal of the registration required for carrying out his activity.