Sexual Harssmnet Act drawbacks and Measures took by Government

Snapshot :The National Crime Records Bureau (NCRB) has started collecting data regarding sexual harassment at workplace under the category of insult to the modesty of women (section 509 of IPC) at office premises since 2014. A total number of 57, 119 and 142 cases were registered during 2014, 2015 and 2016 respectively under this.

Overview :

Sexual harassment is defined to include unwelcome sexually determined behaviour such as physical contact, request for sexual favours, sexually coloured remarks, screening of pornography, or any other conduct of sexual nature. 

• The Act defines sexual harassment at the work place and creates a mechanism for redressal of complaints. 

• It also provides safeguards against false or malicious charges. 

• Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. 

• The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level. The Complaints Committees have the powers of civil courts for gathering evidence. 

• The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant. Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine of up to Rs 50,000. Repeated violations may lead to higher penalties and cancellation of licence or registration to conduct business. 

• There could be feasibility issues in establishing an Internal Complaints Committee at every branch or office with 10 or more employees. 

Draw back of existing act 2013:

• The Internal Complaints Committee has been given the powers of a civil court. However, it does not require members with a legal background nor are there any provisions for legal training. 

• The Act provides for action against the complainant in case of a false or malicious complaint. This could deter victims from filing complaints. 

• Two different bodies are called ‘Local Complaints Committee’. The Act does not clearly demarcate the jurisdiction, composition and functions of these Committees. Cases of sexual harassment of domestic workers have been specifically excluded from the purview of this Act.

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 Unlike sexual harassment legislation in many other countries, this Act does not provide protection to men.

• The Act prohibits sexual harassment at the work place which may include promise of preferential treatment, threat of detrimental treatment, hostile work environment, or humiliating conduct. constituting health and safety problems. 

• The Act defines a work place to include all organizations, and any place visited by an employee during the course of work. It covers every woman at the work place (whether employed or not) except a domestic worker working at home. 

• Sexual  harssment through digital connected media were neglected in the act. 

Measures taken by government :

• The Ministry of Women and Child Development, Government of India has developed an online complaint management system titled Sexual Harassment electronic–Box (SHe-Box) for registering complaints related to sexual harassment at workplace by women, including government and private employee..

• The setting up of Internal Committee in each and every Government department/institution/autonomous body is mandated as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. 

• Government constituted GoM(Group of ministries) to examine the legal and institutional frameworks to deal with sexual harassment at workplace.