Social Justice

KEY POINTS

·         Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in 2013.

·         It broadens the Vishaka guidelines, which were already in place.

Key provisions

·         Definition – The Act covers the rights of all women working or visiting any workplace, in any capacity.

·         It clearly defines sexual harassment as any one or more of “unwelcome acts or behaviour”, committed directly or by implication.

·         ICC – Every employer must constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees.

·         It has similar powers to those of a civil court in respect of certain matters.

·         The identity of the woman, respondent, witness, any information on the inquiry, recommendation and action taken should not be made public.

·         Time-frame – The complaint has to be made “within 3 months from the date of the incident”.

·         However, this time-frame is not rigid as the ICC can “extend the time limit”, if it is satisfied that the circumstances were such which prevented the woman from filing a complaint in that period.

·         Relief – While the inquiry is on, the woman can make a written request to the ICC regarding work and it may recommend her transfer, leave for 3 months, or any other relief as may be prescribed.

·         Actions – If the allegations are proved, the ICC recommends that the employer take action for sexual harassment.

·         This would be in accordance with the provisions of the service rules, which vary from company to company.

Shortfalls

·         Past incidents – The Act offers no clues to how organisations should proceed when an existing employee stands accused of past transgressions by women with no immediate link to the existing company.

·         Implementation – For ordinary women in the unorganised sector, especially in politics, redressal mechanisms are non-existent.

·         The laws stipulate setting up local complaints committees in every district for organisations with 10 or fewer employees.

·         But currently, their existence and functioning is not to any noteworthy levels.

·         There are also no penalties for districts that lack such complaints committees.

·         Unresponsiveness – A crucial reason why women have resorted to public naming and shaming is the unresponsiveness in the formal channels.

·         Leaders across workplaces must thus ensure that the formal system is sensitive and responsive enough for female employees.

·         This is essential for them to confidently come forward and register a complaint.

Road to future

·         Although, the Act does provide for a redressal mechanism within the workplace, it is not short of loopholes.

·         It is important that proper implementation of the Act is done, awareness regarding the Act is created and the employers undertake prevention mechanism as provided under the Act in order to ensure gender equality and provide safe working environment for both women and men.

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