Sexual Harassment at Workplace (Prevention-Prohibition and Redressal) Act (the SH Act) 2013
- July 30, 2021
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Sexual Harassment at Workplace (Prevention-Prohibition and Redressal) Act (the SH Act) 2013
Subject: Polity
Context: A total of 391 complaints have been filed by employees of Central government Ministries about sexual harassment at workplace, the government told in Parliament.
Concept:
- The Vishaka guidelines were replaced by the Sexual Harassment of women at the workplace (prevention, prohibition and redressal) Act, 2013.The new act passed in 2013 broadens the definition of aggrieved women to involve women of all ages, in order to suit the modern-day conditions. It also broadens the scope of the term workplace which was earlier limited only to the traditional office set-up.
- The Government of India (GoI) has enacted the Protection of Women from Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act (the SH Act), 2013 with the objective to create a safe and secure workplace for women free from sexual harassment.
- This Act is unique in its broad coverage which includes all women irrespective of their work status, whether working in organised orunorganised, public or private sectors, regardless of hierarchy.
- The domestic workers are also included within its ambit.
- It defines “sexual harassment at the workplace” in a comprehensive manner, to cover circumstances of implied or explicit promise or threat to a woman’s employment prospects or creation of hostile work environment or humiliating treatment, which can affect her health or safety.
Features
- The Act covers concepts of ‘quid pro quo harassment’ and ‘hostile work environment’ as forms of sexual harassment if it occurs in connection with any act or behaviour of sexual harassment.
- The definition of “aggrieved woman”, who will get protection under the Act is extremely wide to cover all women, irrespective of her age or employment status, whether in the organised or unorganised sectors, public or private and covers clients, customers and domestic workers as well.
- An employer has been defined as any person who is responsible for management, supervision, and control of the workplace and includes persons who formulate and administer policies of such an organisation under Section 2(g).
- Even non-traditional workplaces which involve telecommuting get covered under this law.
- Internal Complaints Committee: Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees.The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level.The Complaints Committees have the powers of civil courts for gathering evidence.
- The Complaints Committees are required to provide for conciliation before initiating an inquiry if requested by the complainant. The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days
- Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine of up to ₹ 50,000.Repeated violations may lead to higher penalties and cancellation of licence or deregistration to conduct business.
- The government can order an officer to inspect the workplace and records related to sexual harassment in any organisation.
- While the “workplace” in the Vishakha Guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include:
- organisations, department, office, branch unit etc. in the public and private sector,
- organized and unorganized,
- hospitals,
- nursing homes,
- educational institutions,
- sports institutes, stadiums, sports complex and
- any place visited by the employee during the course of employment including transportation.
SHe-Box
- This Sexual Harassment electronic Box (SHe-Box) is an effort of GoI to provide a single window access to every woman, irrespective of her work status, whether working in organised or unorganised, private or public sector, to facilitate the registration of complaint related to sexual harassment.
- Any woman facing sexual harassment at workplace can register their complaint through this portal.
- Once a complaint is submitted to the ‘SHe-Box’, it will be directly sent to the concerned authority having jurisdiction to take action into the matter.