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.