Internal Complaint Committee on sexual harassment at work place Shaila Limaye. Majhi Maitrin Charitable Trust

ACT IN FORCE The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work. It was passed by the Lok Sabha on 3 September 2012. It was passed by the Rajya Sabha on 26 February 2013. The Bill got the assent of the President on 23 April 2013. The Act came into force from 9 December 2013.[  

Rights of women to live with human dignity. The recommendations of the Verma Committee are not restricted to rape laws. Instead, a more overall approach has been taken, focusing on the fundamental rights of women to live with human dignity under the Constitution.  The workplace is possibly the most representative testing ground for discrimination issues.  While, as per laws and policies, women are entitled to complete freedom of choice, and  the same rights and benefits in the workplace as men are entitled to , including that of a harmonious, protected environment, the issue of discrimination, wage related and otherwise, persists.  

WORK PLACE The “workplace” in the Vishaka Guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organizations, departments, offices, branch units etc. in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation.

Sexual harrasment. Sexual Harassment is: Unwelcome jokes, comments, or gestures of a sexual nature Displaying offensive sexual or suggestive pictures or objects Unwanted flirting, sexual advances, or propositions Suggestive or obscene letters, notes, invitations, emails, or messages Inappropriate and unwanted touching or blocking or impeding movements Promising employment benefits for sex

Sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment. The protection against sexual harassment and the right to work with dignity are universally recognized human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India. AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace.

Why incidents are not reported Lack of faith in chain of command Labeled as a non team player. Perpetrator rather than victim. Peer pressure. Not worth a risk ( promotions, awards, career) Fear of reprisal. - Acts of reprisal can come from your co-workers or those on supervisory positions.

Ways to Resolve The Harassment Confront the harasser. Use an intermediary to confront the harasser Write a letter to the harasser Maintain a log book of the incidents. Request sexual harassment training for the unit. REPORT THE INCIDENT.

Constitution of Internal Complaints committee and it’s scope. Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. Presiding officer who shall be a woman employed on senior level. Not less than two members from amongst employees preferably committed to the cause of women/experience in social work/have legal knowledge One member from NGO/associations committed to cause of women familiar with issues relating to sexual harrasment. 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. Noncompliance with the provisions of the Act shall be punishable with a fine of up to Rs 50,000.

Submission of Annual Report by ICC Committee has to submit an annual report to the management and the District Officer. Who is the District Officer? The District Magistrate or Additional District Magistrate or the Collector or Deputy Collector may be the District Officer as notified by the state governments under the Women and Child Development department. 21. What are the duties and powers of the District Officer? As per Section 20, the District Officer shall monitor the timely submission of reports by the ICC and take such measures as may be necessary for engaging non governmental organizations for creating awareness on sexual harassment and the rights of the women.