Do you feel Unsafe in your Workplace??

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013is a comprehensive piece of legislation in India designed to address and prevent sexual harassment of women at their workplaces. Here’s a detailed overview of the Act with an example to illustrate its application:

Key Provisions of the Act:

1. Definition of Sexual Harassment:

The Act defines sexual harassment as any unwelcome act or behavior, whether direct or implied, of a sexual nature that can create an intimidating, hostile, or offensive work environment. This includes:

– Physical contact and advances

– A demand or request for sexual favors

– Making sexually colored remarks

– Showing pornography

– Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

2. Internal Complaints Committee (ICC):

Composition: Every workplace with 10 or more employees must constitute an Internal Complaints Committee. It should consist of a presiding officer (a senior woman employee), two other employees, and an external member from an NGO or association with expertise in sexual harassment issues.

Functions: The ICC is responsible for receiving complaints, conducting inquiries, and recommending appropriate action.

3. Local Complaints Committee (LCC):

Purpose: For workplaces where an ICC cannot be constituted (like smaller organizations or workplaces in rural areas), a Local Complaints Committee is set up at the district level to handle complaints.

4. Complaint Mechanism:

Procedure:The complaint must be filed within three months of the incident. The ICC or LCC is then required to complete its inquiry within 90 days. The Act mandates confidentiality throughout the process.

Actions:If the complaint is upheld, the committee can recommend actions such as disciplinary measures against the perpetrator, and in some cases, compensation for the victim.

5. Duties of Employers:

Prevention:Employers must develop and disseminate a sexual harassment policy, provide training, and ensure a safe work environment.

Reporting:They are required to maintain records of complaints and actions taken, and they must report these to the district officer.

6. Penalties for Non-Compliance:

Employers failing to comply with the Act’s provisions may face penalties, including fines and other legal actions.

Example

Scenario:

A female employee, Ananya(name changed), working in a mid-sized IT company, experiences unwanted advances and inappropriate comments from a senior colleague, Ravi(name changed). Despite Ananya’s clear rejection and discomfort, Ravi continues his behavior, creating a hostile work environment.

Action Taken:

1. Complaint Filing:Ananya files a complaint with the company’s Internal Complaints Committee (ICC). She submits her complaint within the stipulated three-month period, detailing the incidents and providing evidence.

2. Inquiry Process:

– The ICC, consisting of a senior woman employee, two other staff members, and an external member from a women’s rights organization, conducts an inquiry.

– The committee interviews Ananya, Ravi, and any witnesses, and reviews any evidence, such as emails or messages.

3. Outcome:

– After the inquiry, the ICC finds Ravi guilty of sexual harassment.

– The committee recommends disciplinary action against Ravi, which could include a formal warning, suspension, or termination, depending on the severity of the misconduct.

– It also suggests that Ananya be provided with counseling and that the company take measures to prevent future incidents.

4. Employer’s Response:

– The company implements the ICC’s recommendations, takes preventive measures, and ensures that Ananya and other employees are aware of the revised sexual harassment policy and support systems.

This ensures that Ananya’s grievance is addressed in a structured and confidential manner, while also holding Ravi accountable and fostering a safer work environment for all employees.