The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Summary of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Key Provisions
Definitions
• Aggrieved Woman: A woman subjected to sexual harassment.
• Sexual Harassment: Unwelcome sexual conduct (physical, verbal, or non-verbal).
• Workplace: Includes all work environments, public or private, and dwelling places for domestic workers.
Redressal Mechanisms
1. Internal Complaints Committee (ICC): Mandatory for employers with 10+ employees.
2. Local Complaints Committee (LCC): For areas without ICCs, led by the District Officer.
Complaint and Inquiry Process
• Filing: Within 3 months (extendable by 3 months under certain conditions).
• Conciliation: Optional, non-monetary, at the aggrieved woman’s request.
• Inquiry:
• Conducted by ICC/LCC with civil court-like powers.
• Completion within 90 days.
Actions and Penalties
• Proven Allegation:
• Action against the respondent per service rules.
• Salary deduction for the aggrieved woman’s compensation.
• False/Malicious Allegation:
• Action against the complainant per service rules.
• Employer Non-Compliance:
• Fine up to ₹50,000.
• Repeat offences may lead to license cancellation.
Employer Responsibilities
• Ensure a safe working environment.
• Display ICC details and penalties.
• Organize awareness programs.
• Assist in inquiries and implement recommendations.
Miscellaneous Provisions
• Annual Reports: To employer and District Officer.
• Monitoring and Data: By the appropriate Government.
• Publicity: By the appropriate Government.
• Penalty for Unauthorized Publication: Of complaint details.
• Appeal: Within 90 days, as per service rules or prescribed.

Legislative History:

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Short Title The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Act Number / Year Act No. 14 of 2013

Act ID (India Code) 201314

Presidential Assent Date April 22, 2013

Enforcement Date December 9, 2013

Nodal Ministry Ministry of Women and Child Development

Precedent & Statutory Rationale

1. The Vishakha Guidelines (1997):

o Prior to 2013, workplace sexual harassment was addressed primarily through the judicial framework established by the Supreme Court in Vishakha v. State of Rajasthan (1997). These guidelines filled a legislative vacuum but lacked statutory teeth, specific enforcement penalties, and standardized compliance mechanisms across public and private sectors.

2. Constitutional Guarantees and International Obligations:

o Grounded in the fundamental rights guaranteed under Articles 14 and 15 (Right to Equality), Article 19(1)(g) (Right to practice any profession or occupation), and Article 21 (Right to Life and personal dignity) of the Constitution of India.

o Formulated to give direct domestic effect to India's commitment under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), ratified by India on June 25, 1993.

Parliamentary Trajectory & Enactment

• Formulation: Developed and piloted by the Ministry of Women and Child Development to establish a comprehensive, binding civil framework for the prevention, prohibition, and redressal of workplace sexual harassment.

• Parliamentary Passage: Tabled in Parliament as the Protection of Women against Sexual Harassment at Workplace Bill, passed by the Lok Sabha on September 3, 2012, and subsequently passed by the Rajya Sabha on February 26, 2013.

• Presidential Assent: Received formal Presidential Assent on April 22, 2013, entering the statute book as Act No. 14 of 2013.

• Enforcement: Enforced on December 9, 2013.

• Source: India Code Official Repository and Ministry of Women and Child Development Official Records