150 week ago — 12 min read
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereafter referred as “Act”) is a Central Government legislation 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.
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 with includes a right to a safe environment free from sexual harassment.
Applicability
This Act extends to the whole of India and applicable to all workplaces, establishments, offices, organizations, factories, institutions, shops, branches etc whether government or private irrespective of number of employees or activities or turnover.
Meaning of sexual harassment
As per Section 2(n) “Sexual Harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely: -
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing sexual; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Constitution of Internal Complaints Committee
Every employer of workplace shall by an order in writing constitute Internal Complaints Committee (ICC). If there is more than one office, units or branches or workplace located at different places, then ICC shall be constituted at all such places / branches where there are 10 (Ten) or more workers / employees.
Committee shall consist the following to be nominated by Employer.
S No |
Designation |
Qualification |
Number of Members |
1 |
Presiding Officer / Chairman of the Committee |
Shall be the women employee at senior level among the employees |
1 |
2 |
Minimum two Members from employees |
Shall be committed to the cause of women or had experience in social work or have legal knowledge.
|
2 |
3 |
One member from NGOs or Associations |
Shall work for the cause of women or a person familiar with the issues relating to sexual harassment?
|
1 |
Total Members of ICC |
4 |
Point to Note
District Officer
As per Section -5 of the Act, the Government notify a District Magistrate or Additional District Magistrate or the Collector or Deputy Collector as a District Officer for every District to exercise powers or discharge functions under this Act.
District Collector: Most of the State Governments have had designated District Collector as District Officers.
Complaint of sexual harassment
Duties of employer
As per Section 19, every employer shall:
Annual Report
As per Section 21(1), the ICC shall prepare and submit the Annual Report to the employer and the District Officer in each calendar year.
There is no time limit provided in the Act for submission of Annual Report to the District Officer. Generally Annual Report can be submitted in the Month of January for the previous year to the District Collector of respective District and get acknowledgement for evidence of Compliance.
Alternatively, the Employer can also post the Annual Report by Registered Post Acknowledgement Due (RPAD).
Employer to include information in Annual Report
Pursuant to Section 22 of the Act, the employer shall include in his Company / Corporate / Organization Annual Report about the number of complaints received, disposed and pending.
Penalty
Rules
Most of the State Governments have had framed the Rules under The Sexual Harassment of Women At Workplace (Prevention, Prohibition And Redressal) ACT, 2013. Therefore, such Rules shall also be followed based on the location of the Workplace / Office / Branch / Factory.
Anti-sexual harassment policy
The employer shall have an Anti-sexual Harassment Policy in place covering the following points.
Annual Report
The Annual Report that shall be prepared by the ICC shall contain the following coverage:
Records & documents that shall be maintained
Checklist for compliance
The following is the simple compliance checklist to check the compliance under
The Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013.
S No |
Compliance Required |
Compliance Status Yes / No |
Remarks |
Policies, Orders & ICC Meetings
|
|||
1 |
Whether Prepared and implemented an internal Anti-sexual Harassment Policy?
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2 |
Whether Employer issued orders in writing to Constituted Internal Complaints Committee (ICC) for each branch or office?
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3 |
Whether Constituted Internal Complaints Committee (ICC) for each branch or office?
(Applicable to each branch or office with 10 or more Employees / Workers)
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4 |
Whether sexual harassment is specified as Misconduct in Employment Contract / Offer Letter and Employee manual?
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5 |
Have you displayed at prominent places the consequences of sexual harassments in English and regional language?
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6 |
Have you displayed names & contact details of ICC in English and regional language?
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Awareness and Orientation Programmes
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7 |
Have you conducted awareness Programmes to Employees?
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8 |
Have you maintained Register for Awareness Programmes conducted to Employees?
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9 |
Have you conducted orientation to Committee Members?
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10 |
Have you maintained Register for orientation to Committee Members conducted?
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11 |
Do you have mechanism to assist the employees to file complaint under Indian Penal Code (IPC) or any other Law / Act?
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12 |
Have you followed the recommendations of the ICC?
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Annual Report of ICC and Annual Report of Company
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13 |
Is Annual Report Prepared by ICC?
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14 |
Whether Annual Report is submitted by ICC to Employer and District Officer?
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15 |
Have you included the complaints received, pending and disposed in the Annual Report of the Company? |
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Compliance & Responsibility
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16 |
Is there any mechanism to oversee and supervise the ICC activities and Compliance under this Act? |
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17 |
Do you place the Compliance Status, complaints etc in the Board Meeting of the Company? |
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19 |
Is your Company has designated employee / officer who is responsible for compliance and maintenance of Records and Policies? |
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19 |
Have you maintained Notices, Minutes of ICC Meetings and Proceedings of ICC |
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