Parliament
on Tuesday passed a law, providing for protection of women, including domestic helps and agricultural labourers, against
sexual harassment at workplace.
The new legislation, seeking to provide a secure and enabling
environment for women employees, will make it mandatory for all
workplaces including home, universities, hospitals, government and
non-government offices, factories, other formal and informal work
places to constitute an internal committee for redressal of
complaints.
Under the law, such cases of harassment 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 will even lead to
higher penalties and cancellation of licence
or registration to conduct business.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Bill, which has already been passed by the Lok Sabha, was
unanimously passed by the
Rajya Sabha on Tuesday, with women and child development minister Krishna Tirath
promising to follow up the legislation with strict rules for its implementation.
Sexual harassment, which will be covered under the law includes any one
or more 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 whether
directly, or by implication, include any other unwelcome physical,
verbal or non-verbal conduct of sexual nature.
It has also provisions for safeguard against false or malicious charges.
If it is found that a woman had filed complaint against someone with
mala-fide intention, there is a provision for some punishment for her.
The failure to prove charges against the person
will, however, not be construed as mala-fide intention.
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, but does not include any member of the
family of the employer
HIGHLIGHTS:
·
Every employer has to constitute an 'Internal Complaints Committee'. The
Committee has to be constituted at all administrative units or offices
o
50% of members to be women
·
Committee
will be headed by a senior
level woman employee. If that's not possible, then District Officer
will nominate a member of Local Complaints Committee as Presiding
Officer
·
Other members- at least 2 women from the organization,
one member from women NGO
Local Complaints Committee
·
Every District Officer to constitute
a Local Complaints Committee – to have 4 members
·
District Officer will appoint Presiding
Officer from eminent women in the field of social work