What is Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act

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The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act    


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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative Act in India that seeks to protect women from sexual harassment at their place of work. It was passed by the Lok Sabha (the lower house of the Indian Parliament) on 3 September 2012 and by the Rajya Sabha (the upper house of the Indian Parliament) on 26 February 2013. The Act received the assent of the President of India on 23 April 2013 and came into force from 9 May 2013.

The Act outlines sexual harassment in the workplace and establishes a process for resolving complaints. It also lays down preventive measures against sexual harassment and provides for penalties in certain cases.

The Act applies to all workplaces, whether public or private, organized or unorganized. It covers all women, irrespective of their age, whether employed or not.

The Act defines sexual harassment as any one or more of the following unwelcome acts or behavior (whether directly or by implication) of a sexual nature:

What is Sexual Harassment of Women at Workplace Prevention Prohibition and Redressal Act

(i) physical contact and advances;

(ii) a demand or request for sexual favors;

(iii) making sexually colored remarks;

(iv) showing pornography;

(v) creating an intimidating, hostile or offensive work environment; or

(vi) making unwelcome sexual advances or requesting sexual favors

The Act also covers acts of sexual harassment committed by a person in authority over a woman, whether or not she is his subordinate.

The Act lays down certain preventive measures that employers must take to prevent sexual harassment at the workplace. These include:

(i) creating awareness about the Act and the rights of women under it;

(ii) sensitizing all employees about the definition of sexual harassment and the procedures for redressal of complaints;

(iii) setting up an Internal Complaints Committee (ICC) at all workplaces with 10 or more employees;

(iv) displaying the contact details of the ICC at conspicuous places in the workplace;

(v) undertaking periodic trainings for the ICC members; and

(vi) ensuring the confidentiality of complaints and investigation proceedings.

The Act also requires employers to provide a safe working environment for women and take action against persons who commit acts of sexual harassment.

The Internal Complaints Committee (ICC) is required to be headed by a woman and must have at least 50% of its members as women. It must be headed by a Presiding Officer who is a woman and has a minimum of 7 years of experience as a judicial officer or in a legal profession. The ICC is required to enquire into all complaints of sexual harassment made by women employees and take appropriate action. It must also submit an annual report to the employer and the District Officer.

The District Officer is required to constitute a Local Complaints Committee (LCC) at the district level to look into complaints of sexual harassment from women employed in that district. The LCC must be headed by a woman and must have at least 50% of its members as women.

The Act provides for certain penal provisions in cases of false or malicious complaints of sexual harassment. It also prescribes penalties for employers who fail to comply with the provisions of the Act.