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Cabinet
clears bill against workplace sexual harassment
Thursday November 04, 2010 05:50:26 PM,
IANS
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New Delhi:
The union cabinet Thursday approved a proposed bill to prevent
sexual harassment at the workplace.
The Protection of Women against Sexual Harassment at Workplace
Bill, 2010, which was formulated after extensive consultations
between the ministries of women and child development and law
along with several other stakeholders, defines sexual harassment
and provides for an effective complaint and redressal mechanism.
"The bill will ensure a safe environment for women at the
workplace, both in the public and private sectors, whether
organised or unorganised. The measure will help in achieving
gender empowerment and equality," an official statement said
Thursday.
The bill defines sexual harassment as spelt out in the historic
judgment of the Supreme Court in the "Vishaka v/s State of
Rajasthan" case in 1997.
Under the judgment, acts like passing a sexually coloured remark,
physical contact and advance, showing pornography, a demand or
request for sexual favours, or any other unwelcome physical,
verbal or non-verbal conduct was defined as sexual harassment.
"Additionally, it recognises the promise of or threat to a woman's
employment prospects or creation of hostile work environment as
'sexual harassment' at the workplace and expressly seeks to
prohibit such acts," the release said.
Approved for introduction in parliament, officials from the women
and child development ministry say the draft legislation is likely
to be tabled in the winter session itself.
Under the proposed bill, every employer is required to constitute
an Internal Complaints Committee (ICC). Since a large number of
the establishments (41.2 million out of 41.83 million as per
Economic Census, 2005) in our country have less than 10 workers
for whom it may not be feasible to set up an ICC, the bill
provides for setting up of Local Complaints Committee (LCC) to be
constituted by the designated district officer at the district or
sub-district levels.
According to officials, the twin mechanism would ensure that women
in any workplace, irrespective of its size or nature, have access
to a redressal mechanism. The LCCs will enquire into sexual
harassment complaints and recommend action to the employer or
district officer.
Employers who fail to comply with the provisions of the proposed
bill will be punished with a fine which may extend to Rs.50,000.
Since there is a possibility that during the pendency of the
enquiry the woman may be subject to threat and aggression, she has
been given the option to seek interim relief in the form of
transfer or leave from work.
The complaint committees are required to complete the enquiry
within 90 days and a period of 60 days will be given to the
employer/district officer for implementation of the
recommendations of the committee.
"The bill provides for safeguards in case of false or malicious
complaints of sexual harassment. However, mere inability to
substantiate the complaint or provide adequate proof would not
make the complainant liable for punishment," the release said.
It also provides protection not only to women who are employed but
also to any woman who enters the workplace as a client, customer,
apprentice, or a daily wage worker.
Students, research scholars in colleges/university and patients in
hospitals have also been covered. Further, the bill seeks to cover
workplaces in the unorganised sectors.
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