Understand and know about THE PROHIBITION OF SEXUAL HARASSMENT
OF WOMEN AT WORKPLACE BILL, 2010
Convention on the Elimination of all Forms of Discrimination
Against Women (CEDAW), this has been ratified by the Government of India.
The right to protection from sexual harassment and the right to work with dignity are
Recognized as universal human rights by international conventions
“Aggrieved woman” in relation to a work place means a woman, against whom an act of sexual harassment has been or alleged to have been committed and includes an employee, student, research scholar, patient, etc
“employee" means a person employed at a workplace for any work on regular, temporary, ad-hoc or daily wage basis, either directly or by or through an agent, including a contractor, with or without the knowledge of the principal employer,
whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a domestic worker, a co-worker, a contract worker, probationer, trainee, apprentice or by any other name
Called;
“Employer” means:-
(I) in relation to any department, organization, undertaking, establishment, enterprise,
Institution, office, branch or unit of the appropriate Government or a local authority, the
Head of that department, organization, undertaking, establishment, enterprise, institution, office, branch or unit or such other officer as the appropriate Government or the
Local authority, as the case may be, may by an order specify in this behalf;
What is the meaning of workplace?
“Workplace” includes:-
(i) any department, organization, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society;
(ii) any private sector organization or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organization, unit or service provider carrying on commercial, professional, vocational, educational, entertain mental, industrial or financial activities including production, supply, sale, distribution or service;
(iii) a house or dwelling place;
(iv) any place, vehicle either by air, land, rail or sea visited by the employee arising out of, or during and in the course of, employment;
(v) “Unorganized Sector” which shall come within the meaning of “workplace”, means all private unincorporated enterprises including own account enterprises engaged in any agriculture, industry, trade and/or business and includes sectors as mentioned in the schedule, being illustrative.
At any workplace, no woman, shall be subjected to sexual harassment including unwelcome sexually determined behavior, physical contact, advances, sexually colored remarks, showing pornography, sexual demand, request for sexual favors or any other unwelcome conduct of sexual nature whether verbal, textual, physical, graphic or electronic or by any other actions, which may include, but is not
Limited to -
(I) implied or overt promise of preferential treatment
In employment; or
(ii) Implied or overt threat of detrimental treatment
In employment; or
(iii) Implied or overt threat about the present or future
Employment status;
(iv) Conduct which interferes with work or creates an
intimidating or offensive or hostile work
environment; or
(iv) Humiliating conduct constituting health and
safety problems.
As Per this law – Every employer has to issue order and establish, constitute an internal Complaints Committee.
If administrative offices are located at different places then if possible at all the administrative offices committee should be established.
Who will be member of this committee?
The Committee shall consist of the following
members namely:-
(a) a Chairperson, from amongst employees, who shall be a senior level woman,
committed to the cause of women. In case a senior level woman employee is not available, the Chairperson shall be appointed from a sister organization or a non-governmental organization;
(b) not less than two members from amongst employees committed to the cause of women or who have had experience in social work; and (c) one member from amongst such non-governmental organizations or associations or other interests committed to the cause of women, as may be specified:
Provided that at least fifty per cent of the members so nominated shall be women.
he Chairperson and every member of the Committee shall hold office for such period as may be specified by the employer.
The Chairperson and members of the Committee shall be entitled to such allowances or remuneration as may be prescribed.
The appropriate Government may appoint a District Magistrate or Additional District
Magistrate or the Collector or Additional Collector as a District Officer for every District to carry out the functions under this Act.
Where at a workplace, constitution of the Committee is not possible or practicable, or where the Committee has not been constituted by the employer of any work place, or where the complaint is against the employer himself, the District Officer may, constitute one or more than one Local Complaints Committee as may be required.
The Local Committee shall consist of the following members:-
(a) a chairperson to be appointed by the district officer from amongst women committed to the cause of women;
(b) one member to be appointed by the district officer from amongst the registered trade unions or workers associations functioning in that block or district;
(c) two members, of whom at least one shall be a woman, to be appointed by the district officer from amongst such Non-Governmental Organizations or associations or other interests committed to the cause of women, as may be specified;
(d) one Protection Officer appointed by the State Government under the Protection of Women from Domestic Violence Act, 2005 in the District or any other officer such as inspectors or additional inspectors under the shops and establishments Acts of the respective states, additional inspectors under the factories Act 1948 or any other public servant at the district level appointed under any law for the time being in force
Provided that at least fifty per cent of the members so nominated shall be women.
(3) The Chairperson and every member of the Local Committee shall hold office for such period, as may be specified by the district officer.
The jurisdiction of the Local Committee shall be limited to the area as may be specified by the District officer
The Local Committee shall have the powers of the Civil Court for the purposes of administration of oath, summoning of witnesses, and service of summons and recording of evidence.
How the women should file complaint?
An aggrieved woman may make a complaint of sexual harassment at workplace to the Committee or the Local Committee, or to the Commission, as the case may be, in writing:
Provided that where such complaint cannot be made in writing, the Chairperson or any member of the Committee or the Local Committee, as the case may be, shall render all reasonable assistance to the woman making the complaint to reduce the same in writing.
Where the aggrieved woman is not able 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.
Where a complaint is made before the National or the State Commission for women, the commission may in the first instance direct the employer or the district officer to enquire into the matter and in cases where a complaint is against the employer himself and where the circumstances warrant so, the commission may itself conduct the enquiry
During the pendency of enquiry, on a written request made by the aggrieved woman, the Committee or the Local Committee, as the case may be, may recommend to the employer to-
(a) transfer the aggrieved woman or the respondent to any other workplace; or
(b) grant leave to the aggrieved woman; or
(c) grant to the aggrieved woman any other relief which may be prescribed.
Provided that no woman shall be transferred except on her own request or suspended;
The leave granted to her under this section will be in addition to the leave she would be entitled to otherwise if the case is proved;
On the completion of an enquiry under this Act, The report shall be made available to all the concerned parties
If committee finds that allegation against the respondent has not been proved it shall recommend to the employer or the District Officer that no action is required to be taken in the matter.
where the Committee arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer to take action for misconduct in accordance with the provisions of the service rules/conduct rules or
policies governing disciplinary matters applicable to the respondent
what will happen where no service or disciplinary rules exist?
the District officer may impose any of the following
penalties
(a) Direct the employer to:-
(i) Obtain a written apology from the respondent
or
(ii) suspend the respondent for a period not exceeding 15 days during which the
respondent shall be entitled to such allowances as may be prescribed by the
district officer
or
(ii) terminate the respondent from service or
How the compensation will be given to the woman who was harassed?
the district officer will consider following –
(a) the mental trauma, pain, suffering and emotional distress caused to the aggrieved
woman;
(b) the loss in the career opportunity due to the incident of sexual harassment;
(c) medical expenses incurred by the victim for physical or psychiatric treatment;
(d) the income and financial status of the respondent;
(d) Feasibility of such payment in lump sum or in installments.
What will happen if compensation is not paid by employer or respondent?
the District officer may recover the amount so payable by detaining or selling the goods
belonging to such person which are under his control; or
(iii) If the amount cannot be recovered from
such person in the manner provided in
clause (I) the district officer shall proceed to recover from such person the
respondent or the employer the amount specified as if it were an arrear of
land revenue.
If respondent or whoever concern party fails to comply with the decision of the district officer shall be punishable with imprisonment for a term which may extend to three
months, or with fine which may extend to two thousand rupees, or with both, and in the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after
conviction for the first such contravention.
What if the committee found that the female or person filed false complaint?
where the Committee or the Local Committee, as the case may be, arrives at a
conclusion that the allegation against the respondent is false or malicious or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer to take action against the woman or the person who has made the complaint in accordance with the provisions of the service rules applicable to her or him or where no such service rules have been made, in such manner as may be prescribed.
As per this law the identity and addresses of the aggrieved woman,
respondent and witnesses, any information relating to conciliation and enquiry proceedings, recommendations of the Committee or the Local Committee, as the case may be, and the action taken by the employer under the provisions of this Act shall
not be published, communicated or made known to the public, press and media in any manner:
Provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under this Act without disclosing the identity and address of the aggrieved woman and witnesses.
Reality Views by sm –
Monday, December 06, 2010
Again this law is going to create confusion.
This law has loopholes regarding fines; they should have mentioned clearly the fine amount like this
The fine amount should be 1000 times more than the salary of the female.
Or simply they should have mentioned minimum fine amount of 1 Lakh Indian rupees and if female wants more she can demand for more giving reasons.
The punishment is again less; the punishment should have been of 5 years minimum if the orders of district officer are not followed by the concern parties.
This act fails to create deter in the minds of criminals.
Advice to females if you suffer, be bold and file a police complaint against the male who is harassing you, there are sections in Indian penal code which are more useful and good for your safety.
no need to go through this committee procedure.
Think, discuss with family or take advice of your lawyer and then act.
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