New Delhi: Parliamentary approval was accorded Tuesday to a bill seeking to provide protection to women from sexual harassment at the workplace, including millions of unorganized workers like domestic help. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Bill, 2012 was passed by the Rajya Sabha on Tuesday. It was approved by the lower house in September 2012.
The bill covers, among its list of offenses, sexual remarks, demands for sexual favors, or any act of physical advance or an unwelcome touch. While presenting the bill in the upper house, Women and Child Empowerment Minister Krishna Tirath said the bill will encompass both organized and unorganized sectors, including domestic workers.
"The aim is that women are able to work freely, whether it is in the workplace in an organized or unorganized sector," Tirath said. The bill mandates an internal complaint committee for any organization with 10 or more employees. For an employer not following this, the penalty will be Rs. 50,000. Repeated violations may lead to higher penalties and the cancellation of a license or registration to conduct business.
However, in the case of a false or malicious complaint, the bill provides for action against the complainant following service rules and in any other manner if no service rules exist. The bill covers not only employees but also clients, customers, apprentices, or daily wage workers who enter the workplace.
Its provisions will also apply to private sector organizations, societies, trusts, educational institutions, NGOs, service providers of commercial, professional, or entertainment activities. It will also cover the unorganized sector where the number of workers is less than 10.
The bill covers, among its list of offenses, sexual remarks, demands for sexual favors, or any act of physical advance or an unwelcome touch.
From India, Thiruvananthapuram
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103The bill covers, among its list of offenses, sexual remarks, demands for sexual favors, or any act of physical advance or an unwelcome touch. While presenting the bill in the upper house, Women and Child Empowerment Minister Krishna Tirath said the bill will encompass both organized and unorganized sectors, including domestic workers.
"The aim is that women are able to work freely, whether it is in the workplace in an organized or unorganized sector," Tirath said. The bill mandates an internal complaint committee for any organization with 10 or more employees. For an employer not following this, the penalty will be Rs. 50,000. Repeated violations may lead to higher penalties and the cancellation of a license or registration to conduct business.
However, in the case of a false or malicious complaint, the bill provides for action against the complainant following service rules and in any other manner if no service rules exist. The bill covers not only employees but also clients, customers, apprentices, or daily wage workers who enter the workplace.
Its provisions will also apply to private sector organizations, societies, trusts, educational institutions, NGOs, service providers of commercial, professional, or entertainment activities. It will also cover the unorganized sector where the number of workers is less than 10.
The bill covers, among its list of offenses, sexual remarks, demands for sexual favors, or any act of physical advance or an unwelcome touch.
From India, Thiruvananthapuram
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Binu, what is the process for the implementation of the Bill? Will it be part of the 'Factories Act' or 'Shops & Establishments Act', etc., to enable companies to take various actions (for example, 'constitution of an internal complaints committee')? Guidance on such issues may benefit many people who may not be knowledgeable on legal matters.
From India, Delhi
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From India, Delhi
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Mr. Bhatia,
The Bill becomes a separate Act in itself once it is notified in the Gazette. It does not form part of the Factories Act or Shops Act. The Bill contains directions on procedures regarding sexual harassment of women at workplaces to be implemented by the establishments.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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The Bill becomes a separate Act in itself once it is notified in the Gazette. It does not form part of the Factories Act or Shops Act. The Bill contains directions on procedures regarding sexual harassment of women at workplaces to be implemented by the establishments.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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The Sexual Harassment at Workplace (Prevention, Prohibition & Redressal) Bill 2012 is a long-awaited act. Earlier, the decision of the Honorable Supreme Court in the Ms. Vishakha case has served as a guiding light and policy followed by the Government. The applicability of the Act to the private sector covering all categories of establishments will certainly go a long way to empower women to be aware of their rights and ensure their safety and honor.
However, there have been cases of false complaints. A complainant writes a complaint and sends it to the police, the concerned state Commission for Women, NCW, and to the authorities of the establishment where she is working. All of these entities take action on the complaint. This causes a lot of trouble for the accused employee. There are cases where female workers employed by a contractor file a false complaint to retain their job when the term of the contractor is about to expire and a new contractor is to take over. Currently, there are no rules to take action against such contract workers. Additionally, the image of the accused employee gets tarnished. What remedy is there for this?
I hope this is a serious matter of consideration for all concerned.
Regards,
Srivastava
From India, New Delhi
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However, there have been cases of false complaints. A complainant writes a complaint and sends it to the police, the concerned state Commission for Women, NCW, and to the authorities of the establishment where she is working. All of these entities take action on the complaint. This causes a lot of trouble for the accused employee. There are cases where female workers employed by a contractor file a false complaint to retain their job when the term of the contractor is about to expire and a new contractor is to take over. Currently, there are no rules to take action against such contract workers. Additionally, the image of the accused employee gets tarnished. What remedy is there for this?
I hope this is a serious matter of consideration for all concerned.
Regards,
Srivastava
From India, New Delhi
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Suggested Correction:
I suggest we wait for the publication of the Act, which, in my opinion, will certainly have provisions to prevent misuse of the Act by the complainant, ensuring that exploitation does not occur.
We must acknowledge that such Acts are valuable deterrents, helping to reform all negative elements and protect the women workforce.
From India, Delhi
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I suggest we wait for the publication of the Act, which, in my opinion, will certainly have provisions to prevent misuse of the Act by the complainant, ensuring that exploitation does not occur.
We must acknowledge that such Acts are valuable deterrents, helping to reform all negative elements and protect the women workforce.
From India, Delhi
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