nS Sexual Harassment of Women At Workplace (prevention, prohibition and redressal) Act, 2013. CAT The Gazette of 3udia ENTRAORDENARY PURLISHED BY AUTHORITY BY AUTIORITY 9. 2013AT 18: 1935 27331 NEW ENIHL MONDAY, DEXBIBER 9, 20LVACRAELAYANA 1 1935 Prepared by- Arunanjali Singh MINISTRY OF WOMEN AND CHILD DEVELOPMENT NOTIFICATION New Deihi, the 9th December, 2013 S.O. 3606E-In exercise of the powers conferred by sub-seotion (3) of Section 1 of the Prevention, Prohibition and Semual Haracsment of Women at Worlplace ( Redressal) Aet, 2013 (14 of 2013). the Central Government hereby appoints the 9th day of December, 2013 as the date on which the provisions of the said Act shall come into force F. No. 19-5/2013-ww
About me- Advocate at High Court of Judicature, Allahabad (Lucknow Bench) -Recommended by 18th SSB for Judge Advocate General (Indian Army). Written U.P. Judicial Services mains, 2016.
Background n pursuance of Vishakha guidelines given by Supreme Court. (Vishakha & others v State of Rajasthan, 1997) India had already signed and ratified Convetion on Elimination Of All forms of Discrimination Against Women, (CEDAW) but had no domestic law in furtherance of it. So, this was to assimilate the international obligation in Indian legal system
Scope It extends to private as well as public places. It covers schools as well as colleges. It also covers the transportation taken and places visited by employee during course of employment. It shall also extend to Army men, as decided by Armed Forces Tribunal. RERANCE TOWARDS SEXAL HARASSMEM SAFE IIVERSITY CAMPAIGN
Requirement To Realise Gender equality at workplaces. To get rid of hostile environment at workplaces. To protect fundamental rights u/a 14, 15,19(1)(g) and also to realise provisions of Article 42. For inclusive growth and social development. WOMEN CAN'T BE SILENCED
Main features of the Act It provides for the definition of sexual Harassment of women at workplace STOP sexual hasassment Definition-It shall include: 1. Any physical contact and advances 2. A demand or request for sexual favours 3. Showing pornography against will of woman. 4. Making sexually coloured remarks. pomen!
Who qualifies for protection under this act? Any woman who is: Employed in an organisation Is a client, customer, daily wage worker or any work accomplice tor research scholar in ed Is a patient in a hospital Employed in unorganized sectors
SEXUAL HARASSMENT COMPLAINT FORM It provides for redressal mechanism Provides for constitution of an Internal Committee, wherever there will be more than 10 employees. Provides for a Local Committee at District and Block levels.
The committees have to complete the inquiry in 90 days and then send the report to District Officer, who has to take action in 60 days. The act requires the employers to Conduct education and sensitization programmes And develop policies amongst other obligations The act also provides for safeguards against false allegations.
Before initiating the inquiry, if requested by complainant, conciliation is to be provided by the committees. The inquiry process under the Act should be confidential and the Act lays down a penalty of Rs 5000 on the person who has breached confidentiality. Non-compliance with the provisions of the Act shall be punishable with a fine of up to 50,000. Repeated violations may lead to higher penalties and cancellation of licence or registration to conduct business.
Lawyer. Recommended for JAG, Indian Army. Appeared in UP judiciary interview, 2016. written UPPCS mains, 2017.