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Prohibition and Prevention of Sexual Harassment

The document discusses the Statutory Provision Regarding Prohibition and prevention of Sexual Harassment. It defines key terms, outlines prevention of sexual harassment, and describes major features of the act such as establishing mechanisms for complaints and penalties.

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yogesh kumar
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51 views2 pages

Prohibition and Prevention of Sexual Harassment

The document discusses the Statutory Provision Regarding Prohibition and prevention of Sexual Harassment. It defines key terms, outlines prevention of sexual harassment, and describes major features of the act such as establishing mechanisms for complaints and penalties.

Uploaded by

yogesh kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Statutory Provision Regarding Prohibition and prevention of Sexual Harassment

The sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013 is
an act to provide protection against sexual harassment of women at workplace and for the
prevention and redressal of complaints of sexual harassment and for matters connected therewith
or incidental thereto.

Whereas sexual harassment results in violation of the fundamental rights of a woman to equality
under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity
under article 21 of the Constitution and right to practice any profession or to carry on any
occupation, trade or business which includes a right to a safe environment free from sexual
harassment.
In this Act unless the context otherwise requires:-

(a) "aggrieved woman" means – (i) in relation to a workplace, a woman, of any age whether
employed or not, who alleges to have been subjected to any act of sexual harassment by the
respondent; (ii) in relation to a dwelling place or house, a woman of any age who is employed in
such a dwelling place or house;

(b) "appropriate Government" means- (i) in relation to a workplace which is established, owned,
controlled or wholly or substantially financed by funds provided directly or indirectly- (A) by the
Central Government or the Union territory administration, the Central Government; (B) by the State
Government, the State Government;

Prevention of Sexual Harassment:-

(1) No woman shall be subjected to sexual harassment at any workplace.

(2) The following circumstances, among other circumstances, if it occurs or is present in relation to
or connected with any act or behaviour of sexual harassment may amount to sexual harassment:-

(i) implied or explicit promise of preferential treatment in her employment;

(ii) implied or explicit threat of detrimental treatment in her employment;

(iii) implied or explicit threat about her present or future employment status;

(iv) interference with her work or creating an intimidating or offensive or hostile work environment
for her;

(v) humiliating treatment likely to affect her health or safety.

Major Features of Act:-

 The Act defines sexual harassment at the work place and creates a mechanism for redressal of
complaints. It also provides safeguards against false or malicious charges.
 The Act also covers concepts of 'quid pro quo harassment' and 'hostile work environment' as
forms of sexual harassment if it occurs in connection with an act or behaviour of sexual
harassment.
 The definition of "aggrieved woman", who will get protection under the Act is extremely wide to
cover all women, irrespective of her age or employment status, whether in the organised or
unorganised sectors, public or private and covers clients, customers and domestic workers as
well.
 While the "workplace" in the Vishaka Guidelines is confined to the traditional office set-up
where there is a clear employer-employee relationship, the Act goes much further to include
organisations, department, office, branch unit etc. in the public and private sector, organized
and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums,
sports complex and any place visited by the employee during the course of employment
including the transportation. Even non-traditional workplaces which involve tele-commuting will
get covered under this law.
 The Committee is required to complete the inquiry within a time period of 90 days. On
completion of the inquiry, the report will be sent to the employer or the District Officer, as the
case may be, they are mandated to take action on the report within 60 days.
 Every employer is required to constitute an Internal Complaints Committee at each office or
branch with 10 or more employees. The District Officer is required to constitute a Local
Complaints Committee at each district, and if required at the block level.
 The Complaints Committees have the powers of civil courts for gathering evidence.
 The Complaints Committees are required to provide for conciliation before initiating an inquiry,
if requested by the complainant.
 The inquiry process under the Act should be confidential and the Act lays down a penalty of Rs
5000 on the person who has breached confidentiality.
 The Act requires employers to conduct education and sensitisation programmes and develop
policies against sexual harassment, among other obligations.
 Penalties have been prescribed for employers. Non-compliance with the provisions of the Act
shall be punishable with a fine of up to ₹ 50,000. Repeated violations may lead to higher
penalties and cancellation of licence or registration to conduct business.
 Government can order an officer to inspect workplace and records related to sexual harassment
in any organisation.

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