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A. Background:
“Whereas sexual harassment results in violation of the fundamental rights of a Woman to equality…..””
[Preamble, Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act]
As mentioned in the preamble of constitution of India, “equality of status and opportunity” must be secured for all citizens of India, as guaranteed under the Article 14 of the constitution.
A safe environment at the work place is therefore legal right of any woman. Sexual harassment constitutes a gross violation of women’s right to equality and dignity.
The sexual harassment of women (prevention, prohibition and redressal) Act 2013 was enacted to give a legal standing to the provision of safe work environment for women at work places. The act specifies the procedure to be implemented by the employers at the work place to ensure safe working space to the women employees in the organization.
The act specifies along with procedural aspects, various records and returns an employer is required to comply with under the act to ensure safe working space for women.
B. Internal Complaint Committee
Every employer of a workplace is required to constitute a committee to be known as the “Internal Complaints Committee”.
The Internal Committees shall consist of the following members to be nominated by the employer, namely:
C. Sexual Harassment Compliant Process
D. Important procedural measures to be followed:
D.1 Key Events and their corresponding compliances required are mentioned below:
a) Manner of inquiry into complaint: At the time of filing the complaint, the complainant shall submit to the Complaints Committee, six copies of the complaint along with supporting documents and the names and addresses of the witnesses within 3 months of the last alleged incident.
b) Event: Receipt of a Complaint from a Woman under PoSH Act
Compliance Required: On receipt of the complaint, the Complaints Committee is required to take the cognizance of the complaint and send one copy of the complaint to the Respondent within 7 working days.
Timeline: 7 Working Days
Responsibility: Complaints Committee
c) Event: Receipt of a notice from Internal Complaint Committee by Respondent
Compliance Required: The respondent shall file his reply to the complaint along with his list of documents, and names and addresses of witnesses, within a period not exceeding ten working days from the date of receipt of the documents or notice from the complaint committee.
Timeline: 10 working days
Responsibility: Respondent
d) Event: Commencement of an Inquiry on receipt of Sexual Harassment Complaint under PoSH Act
Compliance Required: The inquiry under PoSH Act is required to be completed within 90 days of the commencement of the Inquiry by Internal Complaint Committee.
Timeline: 90 Days
Responsibility: Internal Complaint Committee
e) Event: Completion of the Inquiry by Internal Complaint Committee
Compliance Required: On completion of the inquiry by the Internal Complaint Committee, a report is required to be submitted by the committee to Management within 10 working days from the date of completion of the inquiry and such report shall be made available to the concerned parties.
Timeline: 10 working Days
Responsibility: Internal Complaint Committee
f) Event: Allegation has been Proved.
Compliance Required: Where the allegation has been, Internal Complaint Committee may recommend to the Management to take action against the guilty or deduct an amount from the concerned employee’s salary / wages and pay it to the concerned woman. The Management shall act upon the recommendation of the Internal Complaint Committee within 60 days of its receipt.
Timeline: 60 Days
Responsibility: Management
D.2 A gist of Important Timelines under the Act:
D.3 Annual Return to be furnished by Internal Complaint Committee:
The Internal Committee shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the Management.
D.4 Preparation of annual report: The annual report which the Complaints Committee shall prepare under Section 21, shall have the following details:
E Penalty:
He shall be punishable with fine which may extend to fifty thousand rupees.
Reference: Handbook on Sexual Harassment of Women at Workplace
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