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Sexual

Harassment
of
Women
at
Workplace
Act, 2013
India
What is Sexual Harassment Act?
As stated ! the act, "An Act to pro#ide protection a$ainst Sexual harassment of
%omen at %orkplace and for &re#ention and redressal of complaints of Sexual
harassment and for matters connected there%ith and incidental thereto'(
)he Act %ill ensure that %omen are protected a$ainst sexual harassment at all the
%ork places, e it in pulic or pri#ate' )his %ill contriute to reali*ation of their ri$ht
to $ender e+ualit!, life and liert! and e+ualit! in %orkin$ conditions e#er!%here'
)he sense of securit! at the %orkplace %ill impro#e %omen,s participation in %ork,
resultin$ in their economic empo%erment and inclusi#e $ro%th'
)he act is can e read in detail at http-..%cd'nic'in.%cdact.%omenactsex'pdf
What is /ishaka case and /ishaka $uidelines?
/ishaka is the Women,s ri$hts $roup that 0led a &I1 in Supreme 2ourt of India the
case of 3han%ari 4e#i /s' the state of 5a6asthan in 1778' 3han%ari 4e#i 9from a
potter communit!: %ho tried to pre#ent child marria$e as part of her duties as a
%orker of the Women 4e#elopment &ro$ramme %as raped ! the landlords of the
communit! in order to teach her a lesson ' )he rape sur#i#or did not $et 6ustice from
5a6asthan Hi$h 2ourt and the rapists %ere allo%ed to $o free'
)hus resultin$ in /ishaka $uidelines, for dealin$ %ith sexual harassment of %omen
at the %orkplace' )he #erdict de0ned sexual harassment, laid do%n duties of
emplo!ers in dealin$ %ith complaints and stipulated formation of committees to
dispose of complaints from #ictims of harassment'
&rior to this #erdict, the person facin$ sexual harassment at %orkplace had to lod$e
a complaint under Section 3;< or ;07 of the Indian &enal 2ode '
What should e done to e compliant %ith the la%?
< =e! steps to e compliant %ith the la%
Sexual Harassment &olic! creation compliant to the act detailin$ the >mplo!ee
and >mplo!ers roles and responsiilities? 2omplaint and 5edressal mechanisms'
Internal compliance committee setup as per $uidelines and should e e+uipped
to handle complaints after thorou$h in#esti$ation and recommend actions to e
taken'
>mplo!ee a%areness on the act, 2omplaints and 5edressal mechanisms as
detailed in the polic!'
Statutor! reportin$ of the cases 0led and action taken should e reported and
0led in the 2ompan!,s annual report'
5ead more on ho% =>1& can help !our or$ani*ation to e compliant %ith the ao#e'
Some @ser#ations on %hat the act states
>mplo!ment rules.ser#ice rules should also e amended to include-
o )ermination or action taken due to Sexual harassment at %orkplace ased on
and in compliance %ith the Internal 2omplaints 2ommittee, I22
report.0ndin$s'
o /ictim has the ri$ht to ask for a transfer
&er la%, there should e an I22 formed at e#er! ranch of the compan! in the
countr!, %here there are more than 10 emplo!ees' )he 4istrict @Acer is
re+uired to constitute a 1ocal 2omplaints 2ommittee at each district, and if
re+uired at the lock le#el
I22 is also applicale for all men ranch' As e#en a lad! #endor or a lad! #isitor
to the %orkplace needs to ha#e the option of raisin$ the complaint'
I22 can also e headed ! a Senior male emplo!ee in case a Senior %omen is
not a#ailale in a particular ranch' 3ut in all there should e 2 %omen as part of
the I22 includin$ the 3rd part! BC@ representati#e'
)he I22 is re+uired to complete the in+uir! %ithin a time period of 70 da!s'
Annual Statutor! reportin$ As part of the Annual report that e#er! compan!
0les, )he numer of cases reported and action taken should e pulished'
A #ictim has to raise a complaint %ithin 3 months of the incident'
Sexual harassment at %orkplace is a criminal oDence as per the chan$es made
in I&2' So a #ictim can raise a 2riminal complaint case as %ell as a case %ith the
I22 and oth can run in parallel
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PROFESSIONALS, HR OUTSOURCING & ANTI SEXUAL HARASSMENT
PROTECTION AT WOMEN'S WORK PLACE IN INDIA!
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