Ministry of Women and Child Development
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was enacted to provide a legal framework for preventing and addressing sexual harassment of women at the workplace. The Act recognizes that sexual harassment violates women’s fundamental rights to equality, life, and dignity, including the right to practice any profession and work in a safe environment. It mandates the constitution of Internal Complaints Committees (ICCs) in every workplace and Local Complaints Committees (LCCs) at the district level to handle complaints and provide redressal. This Act falls under the Ministry of Women and Child Development.
Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on April 22, 2013, and came into force on December 9, 2013. It consists of eight chapters and 30 sections.
Act Governed By:
The Act’s implementation is primarily overseen by Internal Complaints Committees (ICCs) within workplaces and Local Complaints Committees (LCCs) at the district level. Employers have specific duties under the Act to create a safe working environment and prevent sexual harassment. District Officers are responsible for monitoring the implementation of the Act in their respective districts.
On Whom It Is Applicable:
The Act applies to all women, regardless of their employment status, who allege sexual harassment at the workplace. It covers all workplaces, including government and private organizations, as well as the unorganized sector. It also applies to domestic workers employed in households.
Penalties/Punishments:
The Act prescribes penalties for employers who fail to constitute an ICC or comply with other provisions. It also outlines penalties for making false or malicious complaints or providing false evidence. While the Act itself doesn’t specify punishments for sexual harassment, it empowers the ICC/LCC to recommend disciplinary action against the respondent, including termination of employment.
Important Pointers:
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Defines “sexual harassment” broadly to include various unwelcome acts or behavior of a sexual nature.
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Mandates the constitution of Internal Complaints Committees (ICCs) in every workplace.
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Provides for the establishment of Local Complaints Committees (LCCs) at the district level to handle complaints from workplaces where ICCs are not mandated or if the complaint is against the employer.
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Outlines procedures for filing complaints, conducting inquiries, and providing redressal.
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Allows for conciliation but prohibits monetary settlements as a basis of conciliation.
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Empowers ICCs/LCCs to recommend disciplinary action against the respondent.
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Provides for interim relief to the complainant during the inquiry process.
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Prohibits the publication or disclosure of inquiry proceedings.
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Specifies duties of employers in preventing and addressing sexual harassment.
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Provides for appeals against the recommendations of the ICC/LCC.