In the light of the lawsuit filed against wipro on sexual harassment and discrimination, it is imminent to discuss the sexual harassment law in the country. In Vishaka v State of Rajasthan, the Supreme Court laid the guidelines to counter sexual harassment of women at workplace. The Sexual Harassment of Women at Workplace (prevention, prohibition and redressal) Act, 2013, was enacted in 2013 and it supersedes the Vishaka guidelines.
The main provisions of the Act are:
(1) it defines sexual harassment and defines ways of redressal. It also protects from false complaints and malicious prosecution.
(2) it has enlarged the scope of definition of workplace to include all formal and informal public or private work areas.
(3) it covers the concept of quid pro quo harassment and hostile work environment.
(4) the committee is required to complete inquiry within 90 days. An action is to be taken by the employer or district officer within 60 days of submission of report.
(5) every employer is required to constitute an internal complaints committee which will have the powers of a civil court for collection of evidence. The complaints committee is to try for conciliation before initiating an enquiry.
(6) employers are required to provide education and sensitization programs and also provide guidelines for preventing sexual harassment.
(7) penalties range from imprisonment of one to three years and/or fine. Sexual harassment being criminal offence, the employer is required to report it.
The law has been criticized for penalties for false complaints as activists suggest that this will prevent women from complaining. However, the fact remains as the governments have not taken adequate steps for its implementation, large number of employers have not implemented it and the state of women in workplace remains the same.
The main provisions of the Act are:
(1) it defines sexual harassment and defines ways of redressal. It also protects from false complaints and malicious prosecution.
(2) it has enlarged the scope of definition of workplace to include all formal and informal public or private work areas.
(3) it covers the concept of quid pro quo harassment and hostile work environment.
(4) the committee is required to complete inquiry within 90 days. An action is to be taken by the employer or district officer within 60 days of submission of report.
(5) every employer is required to constitute an internal complaints committee which will have the powers of a civil court for collection of evidence. The complaints committee is to try for conciliation before initiating an enquiry.
(6) employers are required to provide education and sensitization programs and also provide guidelines for preventing sexual harassment.
(7) penalties range from imprisonment of one to three years and/or fine. Sexual harassment being criminal offence, the employer is required to report it.
The law has been criticized for penalties for false complaints as activists suggest that this will prevent women from complaining. However, the fact remains as the governments have not taken adequate steps for its implementation, large number of employers have not implemented it and the state of women in workplace remains the same.
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