The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
The Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013 is a law enacted by the Indian government to protect women from sexual
harassment in the workplace.
Here are some key provisions of the Act:
Definition
of Sexual Harassment: The Act defines sexual
harassment as any unwelcome act or behavior, including physical contact or
advances, demand or request for sexual favors, making sexually colored remarks,
or any other conduct of sexual nature.
Applicability: The Act applies to all women, whether working in the organized or
unorganized sectors, and includes temporary or contractual workers, domestic
workers, and women employed in the public or private sector.
Obligation on
Employers: Every employer is required to set up an
Internal Complaints Committee (ICC) to receive complaints of sexual harassment
from women employees. The ICC should be headed by a woman and should also
include a third-party member from a non-governmental organization (NGO).
Complaints
and Redressal: Women can file a complaint
of sexual harassment at the workplace within three months of the incident. The
ICC is required to complete the inquiry and submit a report within 90 days. The
report should be submitted to the employer, and the aggrieved woman should
receive a copy of it. If the ICC finds the accused guilty, the employer
must take action against the accused as per the service rules.
Punishment: The Act provides for punishment ranging from a fine to
imprisonment depending on the severity of the offense. The punishment for
making false or malicious complaints is also specified.
Protection
against Retaliation: The Act prohibits
retaliation against women who file complaints of sexual harassment. Any attempt
to intimidate or coerce the woman to withdraw her complaint is a punishable
offense.
Sensitization
and Awareness: The Act requires employers
to conduct sensitization and awareness programs for employees on the prevention
of sexual harassment at the workplace.
Overall,
the Sexual Harassment of Women at Workplace Act aims to create a safe and
conducive environment for women in the workplace and to protect them from
sexual harassment.
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