Legal Alert - Sexual Harassment Act Comes into Force

Legal Alert

Sexual Harassment Act Comes into Force

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Act”), which had received the assent of President of India in April, 2013 has been notified. The Act has come into force from December 01, 2013. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (“Rules”) were also notified in the Gazette of India on December 09, 2013 and came into effect from December 01, 2013.

We had discussed the various provisions of the Act in detail in our legal alert circulated in May, 2013 (available here). As our readers would recall, the Act imposes several obligations on employers including constitution of internal complaints committee, conduct of periodic workshops and seminars to spread awareness regarding prevention of sexual harassment at the workplace. Further, the Act prohibits any act of sexual harassment at the workplace and lays down the procedure to be followed by the complaints committees.

The Rules inter alia flesh out the procedure to be followed by complaints committees for redressal of sexual harassment incidents. Some of the salient features of the Rules are as follows:

• Apart from the victim, a complaint of sexual harassment may be made by a relative or a friend, a co-worker or an officer of the National Commission for Women or the State Women’s Commission or any other person who has knowledge of the incident if the aggrieved woman is unable to do it herself because of physical incapacity.

• In the case of a victim who suffers from mental incapacity, a complaint can be filed by a relative or a friend, or a special educator or a qualified psychiatrist or the guardian under whose care the aggrieved woman is receiving treatment; or any other person who has knowledge of the incident can file complaint jointly with any one of the above mentioned person.

• If the victim is dead, any other person who has knowledge of the incident can file a complaint with the written consent of the legal heir of aggrieved women.

• The parties (that is, the victim and the alleged perpetrator) are not permitted to bring a legal practitioner to represent them in their case at any stage of the proceedings before the complaints committees. This provision seems to be aimed at ensuring that the internal mechanism does not become over complicated and lengthy.

• During the pendency of the inquiry, if so requested in writing by the complainant, the complaints committee can recommend to the employer to (a) restrain the accused from reporting on the work performance of the aggrieved woman or writing her confidential report, and assign the same to another person; and (b) in case of an educational institution, restrain the respondent from supervising any academic activity of the victim.

• The complaints committee may recommend to the employer to take any action including written apology, warning, reprimand or censure, withholding of promotion, pay rise or increments, termination from service, undergoing counselling or doing community service. However, these actions will not apply in cases service rules exist and prescribe the action to be taken in case of such misconduct.

• Every employer is required to formulate an internal policy for prohibition, prevention, and redressal of sexual harassment at workplace. The employer is also required to carry out orientation programmes and seminars for the members of the complaints committees and declare the names and contact detail of all the members of the same. Further, the Rules provide that employers should conduct sensitization and orientation programs for employees.

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DISCLAIMER

This legal alert has been prepared by Sarthak Advocates & Solicitors. It is meant to be merely an informative summary and should not be treated as a substitute for considered legal advice. We welcome your comments and suggestions. For any comments, suggestions or further clarifications, please contact us at:

Sarthak Advocates & Solicitors

A-35, Sector - 2,

Noida- 201 301,

Uttar Pradesh, India.

Boardline: +91- 120-4309050

Email: mani.gupta@sarthaklaw.com