Sexual harassment at workplace is a violation of right to equality under Articles 14 and 15 and the violation of right to life and liberty under Article 21 and the right to practice any profession or to carry on any business, trade or occupation. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, aims at providing protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment.
Section 2(n) describes sexual harassment to include any one or more of the following unwelcome
acts or behaviour (whether directly or by implication) namely:-
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct ofsexual nature.
Section 2(o) describes a workplace to include (i) any department, organisation, undertaking, establishment, enterprise, institution, otlicc, branch or unit which is established, owned, controlled or wholly or substantially by funds provided directly or indirectly by the Government or the local authority or a Government company or a corporation or a co-operative society;
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct ofsexual nature.
Section 2(o) describes a workplace to include (i) any department, organisation, undertaking, establishment, enterprise, institution, otlicc, branch or unit which is established, owned, controlled or wholly or substantially by funds provided directly or indirectly by the Government or the local authority or a Government company or a corporation or a co-operative society;
·(ii) any private sector organisation or a private venture, undertaking,
enterprise, institution, establishment, society, trust, non-governmental
organisation, unit or service provider carrying on commercial, professional,
vocational, educational, entertainmental, industrial, health services or financial
activities including production, supply, sale, distribution or service;
(iii) hospitals or nursing homes;
(iv) any sports institute, stadium, sports complex or competition or games venue. whether residential or not used for training, sports or other activities relating thereto:
(v) any visited by the employee arising out of or during the course of employment including transportation provided hy the employer for undertaking such journey:
(iii) hospitals or nursing homes;
(iv) any sports institute, stadium, sports complex or competition or games venue. whether residential or not used for training, sports or other activities relating thereto:
(v) any visited by the employee arising out of or during the course of employment including transportation provided hy the employer for undertaking such journey:
(vi) a dwelling place or a house.
Section 3 provides that no woman shall be subjected to sexual harassment. Sexual harassment includes any explicit or implied promise of preferential treatment in her employment or any express or implied threat of detrimental treatment in her employment or her present or future employment status, interference with her work or humiliating treatment likely to affect her health or safety.
Every employer is required to constitute by writing an internal complaints committee, with half of its members being women. Section 10 provides that upon receiving a complaint, the Internal Committee may initiate an enquiry and at the request of the aggrieved woman, take steps to settle the matter between her and the respondent through conciliation, provided no monetary settlement shall be made as a result of such conciliation.
Section 12 provides that during the pendency of the enquiry, the Internal Committee or the Local Committee may recommend to transfer the aggrieved woman or the respondent to another location or to grant the aggrieved woman leave upto three months or any other leave that may be prescribed. The leave granted to the aggrieved woman shall be in addition to any other leave that she may otherwise be granted. Section 13 provides that on the completion of the enquiry, the Internal Committee or the Local Committee shall submit its report to the employer or the District Officer with ten days of the completion of the enquiry and recommend to take action for sexual harassment as misconduct, deduct salary or wages of the respondent as it considers appropriate for payment to the woman or her legal heirs within sixty days of receipt of recommendations. Section 15 provides that for the purpose of determining the sum to be paid, the internal committee or the local committee shall have to regard the mental trauma, pain, suffering or distress caused to the aggrieved woman, the loss of career opportunities due to the instance of sexual harassment, mental expenses incurred for physical or psychiatric treatment, income and financial status of the respondent and the feasibility of payment in lump sum or in instalments.
Section 19 provides that it is the duty of the employer to provide safe workplace for women, to display at conspicuous place in workplace the penal provisions for sexual harassment, organise workshops and awareness programmes at regular intervals, provide necessary facilities to the internal committee or local committee for dealing with the complaint and conducting an enquiry, assist in securing the attendance of the respondent and witnesses before the internal committee or local committee, provide assistance to the woman if she decides to file a complaint unde the Indian Penal Code, treat sexual harassment as misconduct and monitor the timely submission of reports by the internal committee.
Section 3 provides that no woman shall be subjected to sexual harassment. Sexual harassment includes any explicit or implied promise of preferential treatment in her employment or any express or implied threat of detrimental treatment in her employment or her present or future employment status, interference with her work or humiliating treatment likely to affect her health or safety.
Every employer is required to constitute by writing an internal complaints committee, with half of its members being women. Section 10 provides that upon receiving a complaint, the Internal Committee may initiate an enquiry and at the request of the aggrieved woman, take steps to settle the matter between her and the respondent through conciliation, provided no monetary settlement shall be made as a result of such conciliation.
Section 12 provides that during the pendency of the enquiry, the Internal Committee or the Local Committee may recommend to transfer the aggrieved woman or the respondent to another location or to grant the aggrieved woman leave upto three months or any other leave that may be prescribed. The leave granted to the aggrieved woman shall be in addition to any other leave that she may otherwise be granted. Section 13 provides that on the completion of the enquiry, the Internal Committee or the Local Committee shall submit its report to the employer or the District Officer with ten days of the completion of the enquiry and recommend to take action for sexual harassment as misconduct, deduct salary or wages of the respondent as it considers appropriate for payment to the woman or her legal heirs within sixty days of receipt of recommendations. Section 15 provides that for the purpose of determining the sum to be paid, the internal committee or the local committee shall have to regard the mental trauma, pain, suffering or distress caused to the aggrieved woman, the loss of career opportunities due to the instance of sexual harassment, mental expenses incurred for physical or psychiatric treatment, income and financial status of the respondent and the feasibility of payment in lump sum or in instalments.
Section 19 provides that it is the duty of the employer to provide safe workplace for women, to display at conspicuous place in workplace the penal provisions for sexual harassment, organise workshops and awareness programmes at regular intervals, provide necessary facilities to the internal committee or local committee for dealing with the complaint and conducting an enquiry, assist in securing the attendance of the respondent and witnesses before the internal committee or local committee, provide assistance to the woman if she decides to file a complaint unde the Indian Penal Code, treat sexual harassment as misconduct and monitor the timely submission of reports by the internal committee.
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