14 Aug 2024

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013



Published on 14 Aug 2024

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Polity

Keywords:
Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013 SHE BOX WOMEN SAFETY WORKPLACE

  • The Act is an extension of the Vishaka Guidelines issued by the Supreme Court in Vishaka and others v. State of Rajasthan, 1997. 

    • The Supreme Court of India, for the first time, recognized sexual harassment at the workplace as a violation of human rights. 

  • The 2013 Act is designed to ensure women's right to workplace equality, free from sexual harassment.

    • By focusing on three key elements: prohibition, prevention, and redressal.

Key Provisions

  • Definition of Sexual Harassment: The Act clearly defines sexual harassment as unwelcome sexually charged behavior that creates a hostile or intimidating work environment.

  • Applicability: The Act applies to all workplaces, including government, private, and non-governmental organisations, as well as any institution, undertaking, or establishment.

  • Internal Committee (IC): The Act mandates that every workplace with more than ten employees must establish an Internal Complaints Committee (IC). 

    • Responsible for addressing complaints of sexual harassment and ensuring a safe working environment.

  • Local Committee (LC): For workplaces without an IC, such as those with fewer than ten employees, a district officer must establish a Local Committee to handle complaints.

  • Complaint Procedure: The Act outlines a detailed procedure for filing complaints, conducting inquiries, and resolving cases of sexual harassment. 

    • Ensures confidentiality and the timely resolution of complaints.

  • Penalties: If found guilty of sexual harassment, penalties under the Act may include a fine or termination of employment, depending on the severity of the offense.