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

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
An Act to provide 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.
Citation Act No 14 of 2013
Territorial extent Whole of India, except the State of Jammu and Kashmir
Enacted by Parliament of India
Date enacted Sep 03, 2012 & Mar 11, 2013 (Lok Sabha)
Feb 26, 2013 (Rajya Sabha)
Date assented to 22 April 2013
Date commenced 9 December 2013
Legislative history
Bill Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012
Bill citation Bill No 144-C of 2010
Bill published on 7 December 2010
Committee report Standing Committee Report
Status: In force

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work. It was passed by the Lok Sabha (the lower house of the Indian Parliament) on 3 September 2012. It was passed by the Rajya Sabha (the upper house of the Indian Parliament) on 26 February 2013.[1] The Bill got the assent of the President on 23 April 2013.[2] The Act came into force from 9 December 2013.[3] This statute superseded the Vishakha Guidelines for prevention of sexual harassment introduced by the Supreme Court of India. It was reported by the International Labour Organization that very few Indian employers were compliant to this statute.[4][5] Most Indian employer's have not implemented the law despite the legal requirement that any workplace with more than 10 employees need to implement it.[6] According to a FICCI-EY November 2015 report, 36% of Indian companies and 25% among MNCs are not compliant with the Sexual Harassment Act, 2013.[7] The government has threatened to take stern action against employers who fail to comply with this law.[8]

Preamble and background

The introductory text of the Act is:

An Act to provide 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.

WHEREAS 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 which includes a right to a safe environment free from sexual harassment;

AND WHEREAS 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;

AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace.[9]

Background and provisions

According to the Press Information Bureau of the Government of India:

The Act will ensure that women are protected against sexual harassment at all the work places, be it in public or private. This will contribute to realisation of their right to gender equality, life and liberty and equality in working conditions everywhere. The sense of security at the workplace will improve women's participation in work, resulting in their economic empowerment and inclusive growth.[10]

The Act uses a definition of sexual harassment which was laid down by the Supreme Court of India in Vishaka v. State of Rajasthan (1997).[11] Article 19 (1) g of the Indian Constitution affirms the right of all citizens to be employed in any profession of their choosing or to practice their own trade or business. Vishaka v. State of Rajasthan established that actions resulting in a violation of one's rights to ‘Gender Equality’ and ‘Life and Liberty’ are in fact a violation of the victim’s fundamental right under Article 19 (1) g. The case ruling establishes that sexual harassment violates a woman's rights in the workplace and is thus not just a matter of personal injury.[12]

Under the Act, which also covers students in schools and colleges as well as patients in hospitals, employers and local authorities will have to set up grievance committees to investigate all complaints. Employers who fail to comply will be punished with a fine of up to 50,000 rupees.

The legislative progress of the Act has been a lengthy one. The Bill was first introduced by women and child development minister Krishna Tirath in 2007 and approved by the Union Cabinet in January 2010. It was tabled in the Lok Sabha in December 2010 and referred to the Parliamentary Standing Committee on Human Resources Development. The committee's report was published on 30 November 2011.[13][14] In May 2012, the Union Cabinet approved an amendment to include domestic workers.[15] The amended Bill was finally passed by the Lok Sabha on 3 September 2012.[16] The Bill was passed by the Rajya Sabha (the upper house of the Indian Parliament) on 26 February 2013. It received the assent of the President of India and was published in the Gazette of India, Extraordinary, Part-II, Section-1, dated 23 April 2013 as Act No. 14 of 2013.

Major Features

Penal Code

Through the Criminal Law (Amendment) Act, 2013, Section 354 was added to the Indian Penal Code that stipulates what consists of a sexual harassment offence and what the penalties shall be for a man committing such an offence. Penalties range from one to three years imprisonment and/or a fine. Additionally, with sexual harassment being a crime, employers are obligated to report offences.[20]

Criticism

Brinda Karat, serving in the Rajya Sabha as a Communist Party of India (Marxist) member for West Bengal initially complained that the Bill does not cover women in the armed forces and excludes women agricultural workers, "a gross injustice to agricultural workers who are the single largest female component of work force in the country."[11] However, the final bill includes the clause "No woman shall be subjected to sexual harassment at any workplace" (clause 3.1), and is considered to have addressed those concerns.[21] In the May 2012 draft Bill, the burden of proof is on the women who complain of harassment. If found guilty of making a false complaint or giving false evidence, she could be prosecuted, which has raised concerns about women being even more afraid of reporting offences.[20] Before seeing the final version of the bill, lawyer and activist Vrinda Grover said, "I hope the Bill does not have provisions for penalizing the complainant for false complaints. This is the most under-reported crime. Such provision will deter a woman to come forward and complain."[11][22] Zakia Soman, a women's rights campaigner at ActionAid India said that "it helps to have a law and we welcome it, but the crux will lie in its implementation once it is enacted."[23]

Manoj Mitta of The Times of India complained that Bill does not protect men, saying it "is based on the premise that only female employees needed to be safeguarded."[24] Nishith Desai Associates, a law group, wrote a detailed analysis that included concerns about the role of the employer in sexual harassment cases. They called out the fact that there is no stipulated liability for employers in cases of employee-to-employee harassment, something upheld in many other countries. They also viewed the provision that employers are obligated to address grievances in a timely manner at the workplace as problematic because of potentially uncooperative employees. Furthermore, the law requires a third-party non-governmental organisation to be involved, which could make employers less comfortable in reporting grievances, due to confidentiality concerns.[20]

Compliance to this statute has so far been left to the vagaries of the employers and government has not taken any significant step to enforce the law so far. For example, 6 months after the law came into effect, the state in UP remained dreadful as women could not participate in the workforce due to sexual harassment.[25]

Some tribunals have commented on the constitutionality of some of the provisions of the statute, especially section 4 and Section 7.[26]

See also

References

  1. ↑ ""The Sexual Harassment Bill undermines the innovative spirit of Vishaka" – Naina Kapur, Lawyer and Equality Consultant". Bar and Bench. 1 March 2013. Retrieved 2 March 2013.
  2. ↑ "The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Published in The Gazette of India". Press Information Bureau. Retrieved 26 April 2013.
  3. ↑ "Law against sexual harassment at workplace comes into effect". Times of India. Retrieved 14 December 2013.
  4. ↑ "India must have zero tolerance for workplace sexual harassment". Retrieved 11 November 2014.
  5. ↑ "Action against sexual harassment at workplace in the Asia and the Pacific" (PDF). p. 121. Retrieved 12 November 2014.
  6. ↑ "Indian firms take little notice of law against sexual harassment". Retrieved 12 November 2014.
  7. ↑ "Fostering safe workplaces" (PDF). FICCI-EY. Retrieved 29 November 2015.
  8. ↑ DNA 18 September 2014 (2014-09-18). "Serious legal action against organisations without a sexual harassment committee, says Maneka Gandhi". DNA. Retrieved 2014-11-13.
  9. ↑ "The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013" (PDF). PRS Legislative Research. Retrieved 26 April 2013.
  10. ↑ Press Information Bureau, Government of India (4 November 2010). Protection of Women against Sexual Harassment at Workplace Bill, 2010. Retrieved 13 September 2012.
  11. 1 2 3 Chakrabarty, Rakhi (4 September 2012) "Sexual harassment at workplace Bill passed". Times of India. Retrieved 13 September 2012.
  12. ↑ Lawyer's Collective, Sexual harassment of women at workplace bill 2012 passed by Lok Sabha, 6 September 2012.
  13. ↑ The Telegraph (Calcutta) (18 April 2012). "Watch what you say". Retrieved 13 September 2012.
  14. ↑ Thorpe, Edgar (ed.) (2012). The Pearson Current Event Digest 2011-2012, pp. 3-4. Pearson Education India. ISBN 8131761789
  15. ↑ Polanki, Pallavi (28 August 2012). "Bill against sexual harassment a boost to domestic workers". First Post. Retrieved 13 September 2012.
  16. ↑ New York Daily News (3 September 2012). "Lok Sabha passes bill against sexual harassment in the workplace". Retrieved 13 September 2012.
  17. ↑ Handbook on the Law of Sexual Harassment at Workplace by Shivangi Prasad and Attreyi Mukherjee, available at amazon.in and bigbookshop.com
  18. ↑ "Is your " workplace" covered under the new sexual harassment law?". Retrieved 4 December 2014.
  19. ↑ "The Protection of Women Against Sexual Harassment at Work Place Bill, 2010". PRS Legislative Research. Retrieved 19 March 2013.
  20. 1 2 3 Nishith Desai Associates, Veena Gopalakrishnan, Ajay Singh Solanki and Vikram Shroff, India’s new labour law - prevention of sexual harassment at the workplace, Lexology, 30 April 2013
  21. ↑ The Hindu Parliament passes Bill to prevent sexual harassment at workplace 26 February 2013
  22. ↑ Shajan Perappadan, Bindu (4 September 2012). "Safety net at hand". The Hindu. Retrieved 13 September 2012.
  23. ↑ CNN-IBN (5 September 2012). "India moves to protect women from sexual harassment at work". Retrieved 13 September 2012.
  24. ↑ Manoj Mitta, Indian men can be raped, not sexually harassed, Times of India, 16 August 2012.
  25. ↑ Vikas Dhoot, http://articles.economictimes.indiatimes.com/2014-04-11/news/49058555_1_sexual-harassment-indian-women-male-harassment Abnormally high levels of sexual harassment for women at work places in UP, Times of India, 4 April 2014
  26. ↑ Trivedi, Anushka. "Sexual Harassment Law in India and Constitutional Challenges Read more: Sexual Harassment Law in India and Constitutional Challenges - iPleaders http://blog.ipleaders.in/sexual-harassment-law-in-india-and-constitutional-challenges/#ixzz3o34ZgXqI". iPleaders blog. iPleaders. Retrieved 9 October 2015. External link in |title= (help)

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