Guys, does anyone know the answer?
get which of the following can provide redressal in case a female domestic worker files a sexual harassment complaint against her employer? from screen.
Sexual harassment is defined to include unwelcome sexually determined behaviour such as physical contact, request for sexual favours, sexually coloured remarks, screening of pornography, or any other conduct of sexual nature. The intent of The Sexual Harassment of Women at Workplace (Prevention,
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - with Case Laws
Sexual harassment is defined to include unwelcome sexually determined behaviour such as physical contact, request for sexual favours, sexually coloured remarks, screening of pornography, or any other conduct of sexual nature.
The intent of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, as seen from its statement of object and reasons, is to ensure an equitous, safe, secure and enabling environment for women to work with dignity, free from all sorts of sexual harassment and thereby to encourage women's participation in work, in recognition of their fundamental right under Article 19(1)(g) of the Constitution of India. It would also show that the same is enacted in discharge of its obligation and commitment under Article 11 of the Convention of Elimination of All forms of Discrimination (CEDAW) which mandates the parties to it to take all measures to eliminate all forms of discrimination against women and also in the light of the directions of the Apex Court in Visakha v. State of Rajasthan & others: (1997) 7 SCC 323. Any interference with the work of a woman employee or any act or behaviour which creates an intimidating or offensive work environment or even a humiliating treatment which is likely to affect her health or safety also amounts to discrimination against women which is liable to be eliminated and should constitute implicit sexual harassment. It is equally applicable to the women students/teachers in higher educations, which are governed by the UGC Regulations, 2015.Highlights
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.
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.
Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine of up to Rs 50,000. Repeated violations may lead to higher penalties and cancellation of licence or registration to conduct business.Key Issues and Analysis
There could be feasibility issues in establishing an Internal Complaints Committee at every branch or office with 10 or more employees.
The Internal Complaints Committee has been given the powers of a civil court. However, it does not require members with a legal background nor are there any provisions for legal training.
The Act provides for action against the complainant in case of a false or malicious complaint. This could deter victims from filing complaints.
Two different bodies are called ‘Local Complaints Committee’. The Bill does not clearly demarcate the jurisdiction, composition and functions of these Committees.
Cases of sexual harassment of domestic workers have been specifically excluded from the purview of this Act.
Unlike sexual harassment legislation in many other countries, this Act does not provide protection to men.Key Features
The Bill lays down the definition of sexual harassment and seeks to provide a mechanism for redressing complaints. It provides for the constitution of an ‘Internal Complaints Committee’ at the work place and a ‘Local Complaints Committee’ at the district and block levels. A District Officer (District Collector or Deputy Collector), shall be responsible for facilitating and monitoring the activities under the Act.
Prohibition of Sexual Harassment at the Work Place Sexual harassment is defined to include unwelcome sexually determined behaviour such as physical contact, request for sexual favours, sexually coloured remarks, screening of pornography, or any other conduct of sexual nature.
The Act prohibits sexual harassment at the work place which may include promise of preferential treatment, threat of detrimental treatment, hostile work environment, or humiliating conduct constituting health and safety problems.
The Act defines a work place to include all organizations, and any place visited by an employee during the course of work. It covers every woman at the work place (whether employed or not) except a domestic worker working at home. It defines employer as the person responsible for the management, supervision and control of the work place.Duties of the employer
The Act assigns certain duties to each employer. These include (a) providing a safe working environment; (b) constituting an Internal Complaints Committee and conspicuously displaying the order constituting the Committee; (c) undertaking workshops and training programmes at regular intervals for sensitizing employees; (d) providing assistance during an inquiry; and (e) initiating action against the perpetrator.
Sexual Harassment at Work Place FAQ
Sexual Harassment at Work Place FAQPlease introduce the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,2013 to me.1. To whom does the Act applies ? 2. What Amounts To Sexual Harassment ?3. What is the Redressal Mechanism under the Act ?4. What are the Obligations of the Employer under the Act ?5. What are the Rights of the Employee under the Act ?6.What are the Penalties for non-compliance of provisions of the Act ?7. How to form an Internal Complaints Committee ?8. What is the Procedure for filling complaint ?9.What is the Investigation procedure of the Committee ?10. Who are the External Committee member ?11. How to record investigations ?12. How & When to inform Police ?13. Confidentiality of Complaint ?14. Disciplinary Action under the Act ?15. What in case False / Malicious Complaints are made ?16. What is the Punishment under the Act ?17. How to file Annual Returns ? 18. How to record Committee meetings ?ANSWERS-Please introduce the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,2013 to me-
A. As provided in the Supreme Court guidelines (Vishakha & Ors vs. State of Rajasthan), sexual harassment includes such unwelcome sexually determined behaviour as: Physical contact, a demand or request for sexual favour, sexually coloured remarks, showing pornography, any other unwelcome physical, verbal or non-verbal conduct of a sexual nature, for example, leering, telling dirty jokes, making sexual remarks about a person's body, etc. It moves into the harassment domain when it is not consensual. Sexual harassment is commonly called sexual abuse too. Since there were just the guidelines dealing with the issue, thus, an Act was passed namely “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”.
Sexual harassment at workplace…means something which goes against to the dignity of the woman and outrages her modesty .and Right to work in a safe environment is a constitutional right governed under Article 14 & 21…of the Constitution of India.
In India it is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 “Act”, which deals with the sexual harassment at workplace. The objectives of the said law are as under:-
The Act will ensure that women are protected against sexual harassment at all the work places, be it in public or private. This will contribute to realization of their right to gender equality, life and liberty and equality in working conditions everywhere. The sense of security at the workplace will improve women's participation in work, resulting in their economic empowerment and inclusive growth.
The Act seeks to provide a secure and enabling environment for women employees, including domestic workers, against sexual harassment at the workplace. The Act makes it mandatory for all workplaces, including homes, universities, hospitals, government and non-government offices, factories, other formal and informal work places to constitute an internal committee for redressal of complaints.1. To whom does the Act applies ?
A. It applies to all the employers and workplaces as defined under the Act.
EMPLOYER shall mean
(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;
(ii) in any workplace not covered under sub-clause (i), any person responsible for the management, supervision and control of the workplace Explanation. --For the purposes of this sub-clause "management" includes the person or board or committee responsible for formulation and administration of polices for such organization;
(iii) in relation to workplace covered under sub-clauses (i) and (ii), the person discharging contractual obligations with respect to his or her employees;
(iv) in relation to a dwelling place or house, a person or a household who employs or benefits from the employment of domestic worker, irrespective of the number, time period or type of such worker employed, or the nature of the employment or activities performed by the domestic worker;
WORKPLACE shall include
(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, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service;
Sexual Harassment: Complaint and Remedies under the Act
Process of filing a complaint under the Sexual Harassment at Workplace Act. Know what are the factors taken into consideration at time of determining compensation amount.
Sexual Harassment: Complaint and Remedies under the Act
Sexual harassment constitutes a gross violation of the right to equality and dignity of women. Thus, after the enactment of Prevention of Sexual Harassment at Workplace Act, it was made mandatory for all the workplaces to have an Internal Complaint Committee so that, an aggrieved woman can make a complaint to this committee and seek relief.
An aggrieved woman has been defined under Section 2 (a) of the Sexual Harassment at Workplace Act: “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”. This Act provides protection to all women present at a workplace, whether they work there or not.
Example: A doctor’s assistant manhandles a girl visiting the clinic. She has the right to complain against such harassment under this Act.
A workplace covers most public places such as government offices, hospitals etc. Private places such as residences are also considered workplace with respect to the domestic workers.
Example: If a woman employed as a domestic help at a family residence is harassed, she is entitled to protection under this Act.
People who can File a Complaint
Section 9 of this Act tells who all are entitled to file a complaint under this Act. The following people can make a complaint in writing to the ICC [INTERNAL COMPLAINT COMMITTEE]:
An aggrieved woman on her own
An aggrieved woman with the assistance of a member of Internal Complaints Committee
When an aggrieved woman cannot make the complaint herself due to any physical incapacity, mental incapacity or her death, the following people can make a complaint:
Legal heir of any aggrieved woman
Any person prescribed on behalf of the aggrieved woman
As per RULE 6 of the Sexual Harassment of Women at Workplace (Prohibition, Prevention and Redressal) Rules, 2013:Where the aggrieved woman is not able to make a complaint on her own due to her physical incapacity, complaint may be filed by:
Her relative or friend
An officer of the National Commission for Women or State Commission for Women
Any person who has adequate knowledge of the incident and also has the written consent of the aggrieved womanWhere the aggrieved woman is not able to make a complaint due to her mental incapacity, complaint may be filed by:
Her relative or friend
A special educator
A qualified psychiatrist or psychologist
The guardian or authority under whose care she is receiving the treatment or care
Any person who has adequate knowledge of the incident jointly with her relative or friend or a special educator or qualified psychiatrist or psychologist or guardian or authority under whose care she is receiving treatment or care
Where the aggrieved woman for some other reason is not able to make a complaint, a complaint may be filed by any person who has knowledge of the incident provided that person has her written consent
Where the aggrieved woman is dead, complaint may be filed by any person who has knowledge of the incident along with the written consent of the legal heir of that woman
Process of Filing a Complaint
The process is given in Chapter IV of the Act but there is no prescribed format for a complaint. A complaint should be filed within 3 MONTHS from the date of the incident. If in case, the harassment was over a period of time and consisted of a series of incidents, then 3 MONTHS has to be calculated from the date of the last occurrence of such incident.
Example: A woman working in a Departmental store is requested sexual favours from her male supervisor. The first incident happened on 4th January 2019, 2nd incident happened on 9th February 2019 and the 3rd incident took place of 10th March 2019. The woman can make a complaint within 3 months from the last occurrence i.e. 10th March 2019.
The complaint should be addressed to the members of the Internal Complaint Committee. It should be written in a simple language and must have all the important details of the incident such as date, time, place, witness etc. The complaint should mention whether the complainant asked the respondent to stop his unwelcome acts. Details of the respondent such as name, designation etc. must be mentioned in the complaint. Finally, it should mention the relief that the complainant seeks from the employer.
Inquiry and Investigation
Inquiry and Investigation is given in Chapter V of the Act.
When the ICC [INTERNAL COMPLAINT COMMITTEE] investigates a complaint, its powers are equivalent to that of a civil court. The powers are given in Section 11(3):
Summoning and enforcing the attendance of any person and examining him on oath
Requiring the discovery and production of documents
Any other matter which may be prescribed
If in case the Respondent is an employee and prima facie case exists, the complaint has to be forwarded to the police within 7 days. If both the parties are employees, they shall be given an opportunity of being heard during the course of the inquiry. Copy of the findings shall be given to both parties, which enables them to make representation against the findings before the Committee.