Sexual Harassment Complaints and In-House Redressal Committee: A Legal Analysis:
The sexual harassment policy of any
business operating in India must be in conformity with THE SEXUAL HARASSMENT OF
WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013. The act
provides protection against sexual harassment of women at workplace and for the
prevention and redressal of complaints of sexual harassment and for matters
connected therewith or incidental thereto. Sexual harassment results in
violation of the fundamental rights of a woman to equality under articles 14
and 15 of the Constitution of India and her right to life and to live with
dignity under article 21 of the Constitution and right to practice any
profession or to carry on any occupation, trade or business with includes a
right to a safe environment free from sexual harassment. The protection against
sexual harassment and the right to work with dignity are universally recognised
human rights by international conventions and instruments such as Convention on
the Elimination of all Forms of Discrimination against Women, which has been
ratified on the 25th June, 1993 by the Government of India.
Meaning of Sexual Harassment:
According to section 2(n) of The Sexual
Harassment Act, “sexual harassment”
includes any one or more of the following unwelcome acts or behavior (whether
directly or by implication) namely:—
(i) Physical contact and advances; or
(ii) A demand or request for sexual
favours; or
(iii) Making sexually coloured remarks; or
(iv) Showing pornography; or
(v) Any other unwelcome physical, verbal or
non-verbal conduct of sexual nature;
Prevention
of sexual harassment:
Section 3 of the Act states the following:-
(1) No woman shall be subjected to sexual
harassment at any workplace.
(2) The following circumstances, among
other circumstances, if it occurs, or is present in relation to or connected
with any act or behavior of sexual harassment may amount to sexual harassment:—
(i) Implied or explicit promise of
preferential treatment in her employment; or
(ii) Implied or explicit threat of
detrimental treatment in her employment; or
(iii) Implied or explicit threat about her
present or future employment status; or
(iv) Interference with her work or creating
an intimidating or offensive or hostile work environment for her; or
(v) Humiliating treatment likely to affect
her health or safety.
Creation
of a SEXUAL HARASSMENT COMMITTEE:
Under Section 4 of Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
1.
Every employer of a workplace shall, by an order in writing, constitute
a Committee to be known as the "Internal Complaints Committee":
Provided that where the offices or
administrative units of the workplace are located at different places or
divisional or sub-divisional level, the Internal Committee shall be constituted
at all administrative units or offices.
2.
The Internal Committee shall consist of the following members to be
nominated by the employer, namely:—
a.
a Presiding Officer who shall be a woman employed at a senior level at
workplace from amongst the employees:
Provided that in case a senior level woman
employee is not available, the Presiding Officer shall be nominated from other
offices or administrative units of the workplace referred to in sub-section
(l):
Provided further that in case the other
offices or administrative units of the workplace do not have a senior level
woman employee, the Presiding Officer shall be nominated from any other
workplace of the same employer or other department or organisation;
b.
not less than two Members from amongst employees preferably committed to
the cause of women or who have had experience in social work or have legal
knowledge;
c.
one member from amongst non-governmental organisations or associations
committed to the cause of women or a person familiar with the issues relating
to sexual harassment:
“Provided
that at least one-half of the total Members so nominated shall be women.”
3.
The Presiding Officer and every Member of the Internal Committee shall
hold office for such period, not exceeding three years, from the date of their
nomination as may be specified by the employer.
4.
The Member appointed from amongst the non-governmental organisations or
associations shall be paid such fees or allowances for holding the proceedings
of the Internal Committee, by the employer, as may be prescribed.
5.
Where the Presiding Officer or any Member of the Internal Committee,- -
a.
contravenes the provisions of section 16; or
b.
has been convicted for an offence or an inquiry into an offence under
any law for the time being in force is pending
against him; or
c.
he has been found guilty in any disciplinary proceedings or a
disciplinary proceeding is pending against him; or
d.
has so abused his position as to render his continuance in office prejudicial
to the public interest, such Presiding Officer or Member, as the case may be,
shall be removed from the Committee and the vacancy so created or any casual
vacancy shall be filled by fresh nomination in accordance with the provisions
of this section.
Complaint
of sexual harassment:
Any aggrieved woman may make, in writing, a
complaint of sexual harassment at workplace to the Internal Committee if so
constituted, or the Local Committee, in case it is not so constituted, within a
period of three months from the date of incident and in case of a series of
incidents, within a period of three months from the date of last incident:
Provided that where such complaint cannot
be made in writing, the Presiding Officer or any Member of the Internal
Committee or the Chairperson or any Member of the Local Committee, as the case
may be, shall render all reasonable assistance to the woman for making the
complaint in writing:
Provided further that the Internal
Committee or, as the case may be, the Local Committee may, for the reasons to
be recorded in writing, extend the time limit not exceeding three months , if
it is satisfied that the circumstances were such which prevented the woman from
filing a complaint within the said period.
Where the aggrieved woman is unable to make
a complaint on account of her physical or mental incapacity or death or
otherwise, her legal heir or such other person as may be prescribed may make a
complaint under this section.
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