THE PROTECTION OF WOMEN AGAINST SEXUAL HARASSMENT AT WORK PLACE BILL

Timeline
Introduced in Lok Sabha Dec 07, 2010
Passed by Lok Sabha 2012-13
Passed by Rajya Sabha Feb 26, 2013

Bill Text download here
Highlights

1. The Bill defines sexual harassment at work place

• un-welcome sexual behaviour such as 
• physical contact, 
• request for sexual favours, 
• sexually coloured remarks(pranks,etc.), 
• screening of pornography etc.
2. The Bill prohibits
• promise of preferential treatment
• threat of detrimental treatment
• hostile work environment
• humiliating conduct - health or safety problems
3. The Bill also defines workplace as
• all organizations
• any place visited by an employee
• domestic worker working at home
• earlier it was not included in Bill but after standing committee report it was added to the Bill
4. Redressal Structure
• The Bill has provisions of proper committee at all levels for complaint redressals
• It has guidelines of creation of following authority/ Committee
• ICC ( Internal Complaints Committee )
• LCC (Local Complaints Committee ) at District and Block Levels, facilitated and monitored by DM
5. Internal Complaints Committee
• Any Employer which has more than 10 employees have to create an ICC
• Its members
• mostly women ( >50%)
• NGO, for women cause, as member
6. Local Complaints Committee
• Local at District level and block level (if required)
7. Complaint Procedure
• aggrieved women has to reach out to ICC
• If ICC is not there in the organisation then to LCC
• Complaints must be given in writing
• Committee will enquire into the complaint
• Committee can allow conciliation if requested by the complainant (but it can not be financial)
• ICC and LCC has the power of civil courts (it can investigate and gather evidences)
8. Penalties and Appeal
• If proved then penalties as per service rule
• If proved false then action against complainant (even upto fine)
• Penalties for employer if fails to comply with this Act
• fine upto INR 50,000
• repeated violation can lead to cancellation of the licence

Analysis

• Feasibility
• constitution of ICC at all centres with Employee strength > 10 is very difficult
• NGOs representation is another problem because it will incur additional cost for the company
• Power of civil courts
• members of ICC and LCC willn ot have legal knowledge so its like giving gun to blind
• Lack of proper demarcation of power of ICC and LCC
• scope of misuse such as false or malicious complaints
• fear among women of punishment if complaints proved wrong due to lack of evidence