Thursday, August 01, 2013

Act on Prevention Prohibition and Redressal of sexual harassment.


A new act has been passed on the 22nd of April 2013 by the Parliament of India.

The act is named as - The Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013., (No 14 of 2013).

The act aims to define sexual harassment, means and methods for prevention of harassment, ways of redressal for the victims.

Some of the important sections :
* Sexual harassment defined in sections 2(n)(i) to (v) and also includes the occasions covered under sections 3(2).

* Concept, requirements, members etc of Internal Complaints Committee -
1. Sec 4(2)(a) Presiding Officer - Women Employee - Senior management.

2. Sec 4(2)(b) Members - Min 2 employees with social work exp or legal knowledge.

3. Sec 4(2)(C) Member - outside - " a person familiar with issues relating to sexual harassment".

Minimum 50 % of the committee should be women.
eg :- 1W+2W+1M or 1W+(1W+1M)+1M or 1W+(2W+1M)+1M etc.

* Aggrieved person to make a complaint to the ICC under Sec 9(1).

* Try the complaint through Conciliation proceedings - Sec 10(1).

* If the case necessitates, forward the complaint to Police under IPC Sec 509 with in 7 days - Sec 11(1).

* ICC has the power of the Court - Sec 11(3).

* There is also a punishment to complainant for making a false complaint - Sec 14(1); a deterrent for abuse of this act for wrong motives.

* Confidentiality of the proceedings of the Local complaint committee is covered - Sec 16.

The act has covered major aspects. The act is gender specific and does not consider that even men are victims in many occasions.