Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Relevant for sociology optional Paper- 2 & GS Mains Paper- 2
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, is a landmark legislation in India aimed at preventing and addressing sexual harassment of women in the workplace. The Act defines sexual harassment as any unwelcome act or behaviour that is sexual in nature and creates an intimidating, hostile or offensive work environment for women.
The Act applies to all workplaces in India, including government and private organizations, non-governmental organizations, and educational institutions. It mandates that every organization with ten or more employees must have an internal complaints committee (ICC) to receive and address complaints of sexual harassment. The ICC must be headed by a woman and have at least two members from outside the organization who are knowledgeable about issues related to sexual harassment.
The Act lays down a detailed procedure for filing complaints of sexual harassment. Any woman who has been subjected to sexual harassment at the workplace can file a complaint with the ICC. The complaint must be in writing and must include the details of the incident, the name of the alleged harasser, and any witnesses to the incident. The ICC is required to complete the investigation within 90 days and submit a report of its findings to the employer.
The Act also provides for the protection of the complainant and witnesses against victimization or retaliation by the employer or the alleged harasser. The employer is required to provide support and assistance to the complainant during the investigation and take appropriate action against the alleged harasser if the complaint is found to be true.
The Act lays down stringent penalties for sexual harassment, including fines and imprisonment. Any person who is found guilty of sexual harassment can be fined up to Rs. 1,00,000 and can be imprisoned for up to three years for the first offence. For subsequent offences, the fine can go up to Rs. 5,00,000, and the imprisonment can be up to five years.
Despite the enactment of the Sexual Harassment of Women at Workplace Act, sexual harassment of women continues to be a prevalent issue in India. Many women are still hesitant to report incidents of sexual harassment due to fear of retaliation or victimization. There is also a lack of awareness and sensitization among the general public and the employers regarding the Act and its provisions.
To address these challenges, there is a need for greater awareness about the Act and its provisions among women and employers. Employers need to take proactive steps to prevent sexual harassment at the workplace and provide a safe and supportive environment for women. This includes providing training and sensitization programs to all employees, implementing a zero-tolerance policy towards sexual harassment, and establishing mechanisms for reporting and redressal of complaints.
There is also a need for greater accountability and transparency in the investigation and redressal of complaints of sexual harassment. The ICCs need to be more effective in addressing complaints and ensuring that justice is served. The government needs to allocate more resources towards the establishment of training and support programs for ICC members and towards creating awareness about the Act among the general public.
In conclusion, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act is a crucial legislation in India aimed at preventing and addressing sexual harassment of women at the workplace. The Act provides for the establishment of internal complaints committees and lays down a detailed procedure for filing complaints of sexual harassment. However, there is still a need for greater awareness and sensitization among the general public and employers, and for more effective implementation of the Act. By working together, we can create a safe and supportive environment for women at the workplace and ensure that they are protected from all forms of sexual harassment.
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