#MeToo: Woman Harassment at Workplace

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

  • Supreme Court in a judgment in 1997 laid the Vishaka guidelines, which are legally binding, defined sexual harassment and imposed three key parameters on the institutions i.e., prohibition, prevention and redressal.
  • The Supreme Court directed that they establish a Complaints Committee, to look into the harassment at the workplace.
  • Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 defines sexual harassment:
    • It includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:
    • Physical contact and advances, Sexually coloured remarks, Showing pornography, A demand or request for sexual favours, Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
  • This Act lays down the procedures for a complaint and inquiry and the action to be taken.
  • It mandates that every employer constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees.
  • It lays down the procedures and defines various aspects of sexual harassment.
  • A woman can be of any age, whether employed or not, who “alleges to have been subjected to any act of sexual harassment”, that means the rights of all the women working or visiting any workplace, in any capacity, are protected under the Act.

Internal Complaints Committee have powers similar to civil court

  • ICC has similar powers to those of a civil court, in respect of the following matters:
    • Summoning and examining any person on oath.
    • Requiring the discovery and production of documents.
  • While the inquiry is going on, if the woman makes a written request, ICC “may” recommend her transfer, leave for three months, or any other relief as may be prescribed.
  • When the inquiry is completed, ICC is to provide a report of the findings to the employer within 10 days. The report is made available to both the parties.
  • If the allegations are proved, ICC recommends that the employer take action for sexual harassment in accordance with the provisions of the service rules. These vary from company to company.
  • It also recommends that the company deduct from the salary of the person found guilty,
  • Compensation is based on: Suffering and emotional distress caused to the woman, Loss in career opportunity, Her medical expenses, Income and financial status of the respondent, Feasibility of such payment.
  • After the recommendations, the aggrieved woman can appeal in Court within 90 days.
  • If the complaint is found to be false then,
  • Section 14 of the Act deals with punishment for false or malicious complaints and false evidence.
  • In such case, ICC “may recommend” to the employer to take action against the woman, or the person who made the complaint, in accordance with the provisions of the service rules.

Major recommendations made by the Justice J. S. Verma Committee panel

  • Punishment for Rape: The panel has not recommended the death penalty for rapists. It suggests that the punishment for rape should be rigorous imprisonment or RI for seven years to
  • Punishment for other sexual offences: The panel recognised the need to curb all forms of sexual offences and recommended – Voyeurism be punished with up to seven years in jail; stalking or attempts to contact a person repeatedly through any means by up to three years. Acid attacks would be punished by up to seven years if imprisonment; trafficking will be punished with RI for seven to ten years.
  • Registering complaints and medical examination: Every complaint of rape must be registered by the police and civil society should perform its duty to report any case of rape coming to its knowledge.
  • Marriages to be registered: As a primary recommendation, all marriages in India (irrespective of the personal laws under which such marriages are solemnised) should mandatorily be registered in the presence of a magistrate.
  • Amendments to the Code of Criminal Procedure: The panel observed, “The manner in which the rights of women can be recognised can only be manifested when they have full access to justice and when the rule of law can be upheld in their favour.”
  • Bill of Rights for women: A separate Bill of Rights for women that entitles a woman a life of dignity and security and will ensure that a woman shall have the right to have complete sexual autonomy including with respect to her relationships.
  • Review of the Armed Forces Special Powers Act: The panel has observed that the “impunity of systematic sexual violence is being legitimised by the armed forces special powers act.”
  • Police reforms: To inspire public confidence, the panel said, “police officers with reputations of outstanding ability and character must be placed at the higher levels of the police force.”
  • Role of the judiciary: The judiciary has the primary responsibility of enforcing fundamental rights, through constitutional remedies. The judiciary can take suo motu cognizance of such issues being deeply concerned with them both in the Supreme Court and the High Court.
  • Political Reforms: The Justice Verma committee observed that reforms are needed to deal with criminalisation of politics.

Location: Thiruvananthapuram, Kerala, India

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