Protection of Women Against Sexual Harassment at Workplace Bill 2010

Dear Professionals,

 

The Protection of Women against Sexual Harassment at Workplace Bill was passed by the lower house of parliament on 3^rd September, 2012 (Monday). I have prepared the Summary of this Bill and summarised the duties of Employers, Men, Women under this Bill. I hope you all will find it useful for framing Code of Conduct at your workplace regarding Prevention of Sexual harassment.

 

Regards,

Veeral Gandhi

 

 

 

 

The Protection of Women Against Sexual Harassment

 

at Work Place Bill 2010

 

                        

Summary of the Bill

 

India moved one step closer to protecting millions of its working women from s*xual harassment by passing a new bill to tackle unwelcome behaviour such as s*xual advances, requests for s*xual favours and s*xual innuendoes made at work.

 

The Protection of Women against Sexual Harassment at Workplace Bill was passed by the lower house of parliament on 3^rd September, 2012 (Monday) and aims to ensure a safe environment for women working in both the public and private sector. The bill still has to be passed by the upper house of parliament, a move that is expected in the coming months.

 

The Bill provides protection not only to women who are employed but also to any woman who enters the workplace as a client, customer, apprentice, and daily wageworker or in ad-hoc capacity. Students, research scholars in colleges/university and patients in hospitals have also been covered. Further, the Bill seeks to cover workplaces in the unorganised sectors.

 

The Bill proposes a definition of s*xual harassment, which is as laid down by the Hon'ble Supreme Court in Vishaka v. State of Rajasthan (1997). Additionally it recognises the promise or threat to a woman's employment prospects or creation of hostile work environment as 's*xual harassment' at workplace and expressly seeks to prohibit such acts.

 

The Bill provides for an effective complaints and redressal mechanism. Under the proposed Bill, every employer is required to constitute an Internal Complaints Committee (ICC). The Bill also provides for setting up of Local Complaints Committee (LCC) to be constituted by the designated District Officer at the district or sub-district levels, depending upon the need. This twin mechanism would ensure that women in any workplace, irrespective of its size or nature, have access to a redressal mechanism. The LCCs will enquire into the complaints of s*xual harassment and recommend action to the employer or District Officer.

 

The Complaint Committees are required to complete the enquiry within 90 days and a period of 60 days has been given to the employer/District Officer for implementation of the recommendations of the Committee.

 

Since there is a possibility that during the pendency of the enquiry the woman may be subject to threat and aggression, she has been given the option to seek interim relief in the form of transfer either of her own or the respondent or seek leave from work.

 

The Bill provides for safeguards in case of false or malicious complaint of s*xual harassment. However, mere inability to substantiate the complaint or provide adequate proof would not make the complainant liable for punishment.

 

Bill casts a duty on the Employers to include a Report on the number of cases filed and disposed of in their Annual Report. Organizations, which do not prepare Annual Reports, would forward this information to the District Officer.

 

Every employer has the primary duty to implement the provisions of law within his/her establishment while the State and Central Governments have been made responsible for overseeing and ensuring overall implementation of the law. The Governments will also be responsible for maintaining data on the implementation of the Law. In this manner, the proposed Bill will create an elaborate system of reporting and checks and balances, which will result in effective implementation of the Law.

 

This bill will contribute to realisation of a woman's right to equality, life and liberty in working conditions everywhere.

The Protection of Women against Sexual Harassment at Workplace Bill was passed by the lower house of parliament on Monday.

The sense of security at the workplace will improve women's participation in work, resulting in their economic empowerment and inclusive growth.

Despite India's economic liberalisation which began more than two decades ago, bringing with it more progressive Western ideas of gender equality and women's empowerment, women continue to face a barrage of threats due to traditional patriarchal beliefs which see them as objects.

While many women - working in offices or even in private residences as maids - complain of s*xual harassment by colleagues, managers or their employers, there has been no real mechanism to deal with complaints or ensure that employers are held accountable if a women feels unsafe or harassed.

Employers who fail to comply will be punished with a fine of up to 50,000 rupees. Repeated violations may lead to higher penalties and cancellation of license or registration to conduct business.

 

Duties of Employers, Men & Women at the Workplace under the Bill :

 

Duties of an Employer :

1. Every employer is required to constitute an Internal Complaints Committee (ICC).

 

2. The Complaint Committee is required to complete the enquiry within 90 days and a period of 60 days has been given to the employer for implementation of the recommendations of the Committee.

 

3. Bill casts a duty on the Employers to include a Report on the number of cases filed and disposed of in their Annual Report. Organizations, which do not prepare Annual Reports, would forward this information to the District Officer.

 

4. Every employer has the primary duty to implement the provisions of law within his/her establishment.

 

5. Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace.

 

6. Display at any conspicuous place in the workplace, the order constituting, the Internal Committee.

 

7. Undertake workshops and training programmes at regular intervals for sensitising the employees regarding the provisions of this Act.

 

8. Provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting inquiry.

 

9. Assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be.

 

10. Make available such information to the Internal Committee or the Local Committee, as the case may be.

 

11. Provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force.

 

12. Initiate action, under the Indian Penal Code or any other law for the time being in force, against the perpetrator after the conclusion of the inquiry, or without waiting for the inquiry, where the perpetrator is not an employee in the workplace at which the incident of s*xual harassment took place.

 

 

Duties of Men at Workplace towards Women :

1. ''Sexual harassment'' includes such unwelcome s*xually determined behavior (whether directly or by implication) as—

 

1.  physical contact and advances; or

 

2.  a demand or request for s*xual favours; or

 

3.  s*xually coloured remarks; or

 

4.  showing p*rnography; or

 

5.  any other unwelcome physical, verbal or non-verbal conduct of s*xual nature.

 

 

2. No woman shall be subjected to s*xual harassment at any workplace which may include, but is not limited to—

 

1. implied or overt promise of preferential treatment in her employment; or

 

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

 

3. implied or overt threat about her present or future employment status; or

 

4. conduct of any person which interferes with her work or creates an intimidating or offensive or hostile work environment for her; or

 

5. humiliating conduct constituting health and safety problems for her.

 

So, men are advised to take care about the above provisions of the Bill while dealing with women employees.

 

 

Duties of Women at Workplace :

 

1. Any aggrieved woman may make, in writing, a complaint of s*xual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted.

 

2. Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.

 

3. Women should not falsely accuse someone for s*xually harassing her. The Bill provides for safeguards in case of false or malicious complaint of s*xual harassment. However, mere inability to substantiate the complaint or provide adequate proof would not make the complainant liable for punishment.