Aiming to protect women from sexual harassment at workplaces, the Union Cabinet on Thursday approved the Protection of Women Against Sexual Harassment Bill, 2010.
The bill seeks to ensure a safe working environment for women in both public and private sectors — organised and unorganised. It will provide protection not only to women employees but also to every woman who enters the workplace as a client, customer, apprentice or daily-wage worker.
Students, research scholars in colleges and university, and patients in hospitals have also been covered under the bill. However, domestic helps have been kept out of its purview.
The bill proposes a definition of sexual harassment, which is as per the Supreme Court judgment in Vishaka vs the State of Rajasthan (1997) case. Additionally, it recognises the promise or threat to a woman’s employment prospects or creation of hostile work environment as “sexual harassment” at workplace and expressly seeks to prohibit such acts.
Employers who fail to comply with the provisions of the proposed bill will be punishable with a fine which may extend to Rs 50,000.
Since there is a possibility that during the pendency of inquiry, a woman may be subject to threat and aggression, she has been given the option to seek interim relief in the form of transfer either of her own or the respondent or seek leave from work. To be introduced in Parliament in the coming session, the bill will help in achieving women empowerment and equality, said an official. Under the proposed bill, every employer is required to constitute an internal complaints committee, which will be a redressal forum for harassed women.
Since a large number of the establishments (41.2 million out of 41.83 million as per the Economic Census, 2005) in the country have less than 10 workers for whom it may not be feasible to set up an ICC, the bill provides for setting up of LCC to be constituted by the designated district officer at the district or sub-district levels, depending upon the need.
The twin mechanism is intended to ensure that women in any workplace, irrespective of its size or nature, have access to a redressal mechanism. The LCCs will look into the complaints of sexual harassment and recommend action to the employer or district officer.
The complaint committees are required to complete the inquiry within 90 days and a period of 60 days has been given to the employer/district officer for implementation of the recommendations.
The bill also provides for safeguards in case of false or malicious complaint of sexual harassment. However, mere inability to substantiate the complaint or provide adequate proof would not make the complainant liable for punishment.