Sexual Harrassment of Women at Workplace Bill Passed in Rajya Sabha – 26th February, 2013
Rajya Sabha today 26th February passed THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) BILL, 2012. This bill was passed by the Lok Sabha on 3rd September, 2012 a bill under which cases of sexual harassment at workplace, including against domestic help, will have to be disposed of by in-house committees within a period of 90 days failing which penalty of Rs. 50,000 would be imposed. Repeated non-compliance of the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, can lead to higher penalties and even cancellation of licence or registration to conduct business. Now, after the assent of the Hon’ble President of India it will become an Act/Law and will be enforced.
The Women and Child development Minister Krishna Tirath promised to follow up the legislation with strict rules for its implementation. The bill brings in its ambit even domestic workers and agriculture labour, both organised and unorganised sectors. It is applicable both in Government or in private sector.
As per the act, sexual harassment includes any one or more of unwelcome acts or behaviour like physical contact and advances, a demand or request for sexual favours or making sexually coloured remarks or showing pornography. The acts or behaviour whether directly, or by implication, include any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Non-compliance with the provisions of the act shall be punishable with a fine of up to Rs. 50,000. It has also provisions for safeguard against false or malicious charges.
The bill makes it mandatory that all offices, hospitals, institutions and other workplaces should have an internal redressal mechanism for complaints related to sexual harassment.
The act defines domestic worker as a woman employed to do household work in any household for remuneration whether in cash or kind, either directly or through any agency on temporary, permanent, part time or full time basis, but does not include any member of the family of the employer.
The bill covers not only employees, but also clients, customers, apprentice or daily wage workers who enter the workplace. Its provisions will also apply to private sector organisation, societies, trusts, educational institutions, NGOs, service providers of commercial, professional or entertainment activities. It will also cover the unorganised sector where the number of workers is less than ten.
We hope this makes it a better place for women to work and live.
Rajan Nijhawan
ILBCO INDIA
1562, Church Road,
Kashmere Gate,
Delhi – 110006 (INDIA)
Ph: 011-23869939; 23860348
M : 9540551212; 9310551212
If you want to regularly update yourself with the Latest on Labour Laws subscribe to ILBCO’s Updates on Labour Laws. Here we are enclosing the details for ILBCO’s Updates on Labour Laws … a subscription for every HR Professional --- subscribe today to stay ahead.
From India, Delhi
11Rajya Sabha today 26th February passed THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) BILL, 2012. This bill was passed by the Lok Sabha on 3rd September, 2012 a bill under which cases of sexual harassment at workplace, including against domestic help, will have to be disposed of by in-house committees within a period of 90 days failing which penalty of Rs. 50,000 would be imposed. Repeated non-compliance of the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, can lead to higher penalties and even cancellation of licence or registration to conduct business. Now, after the assent of the Hon’ble President of India it will become an Act/Law and will be enforced.
The Women and Child development Minister Krishna Tirath promised to follow up the legislation with strict rules for its implementation. The bill brings in its ambit even domestic workers and agriculture labour, both organised and unorganised sectors. It is applicable both in Government or in private sector.
As per the act, sexual harassment includes any one or more of unwelcome acts or behaviour like physical contact and advances, a demand or request for sexual favours or making sexually coloured remarks or showing pornography. The acts or behaviour whether directly, or by implication, include any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Non-compliance with the provisions of the act shall be punishable with a fine of up to Rs. 50,000. It has also provisions for safeguard against false or malicious charges.
The bill makes it mandatory that all offices, hospitals, institutions and other workplaces should have an internal redressal mechanism for complaints related to sexual harassment.
The act defines domestic worker as a woman employed to do household work in any household for remuneration whether in cash or kind, either directly or through any agency on temporary, permanent, part time or full time basis, but does not include any member of the family of the employer.
The bill covers not only employees, but also clients, customers, apprentice or daily wage workers who enter the workplace. Its provisions will also apply to private sector organisation, societies, trusts, educational institutions, NGOs, service providers of commercial, professional or entertainment activities. It will also cover the unorganised sector where the number of workers is less than ten.
We hope this makes it a better place for women to work and live.
Rajan Nijhawan
ILBCO INDIA
1562, Church Road,
Kashmere Gate,
Delhi – 110006 (INDIA)
Ph: 011-23869939; 23860348
M : 9540551212; 9310551212
If you want to regularly update yourself with the Latest on Labour Laws subscribe to ILBCO’s Updates on Labour Laws. Here we are enclosing the details for ILBCO’s Updates on Labour Laws … a subscription for every HR Professional --- subscribe today to stay ahead.
From India, Delhi
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Sexual-harrassm ent-of-women-ac t-and-rules-201 3.pdf
Committee Against Sexual Harrassment.doc