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The Sexual Harassment of Women at Workplace (prevention,prohibition,and redressal )Act 2013
Ujjwala Bankhele Asst. Prof. Yashada
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Fundamental Rights of Woman
Right to Equality-Article 14&15of constitution of India Right to life and to live with dignity -Article21 Right to Practice any profession including Right to a safe environment free from sexual harassment Right to work with dignity and Protection against sexual harassment are the Human Rightsagreed of GoI on 25/6/93 This Act enacted in 64th year of independence
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Which women will be benefited?
-of any age -at any workplace(Govt. Pvt.NGO,Coop,or elsewhere offices or in transport Every office having more than 10 workers/staff ,have to establish Internal Complaints Committee Cl 1 or above level women officer is the Chairman of committee. If not available from same office then from other department can also be appointed. >2members from NGO working for women legal advisor 1 SC/ST/OBC/Minor Half members of the committee must be women social welfare or Women and Child development officer shall be ex officio member membership Duration 3 years Fees or allowances for NGOs of Internal Committee to be paid by employer
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Complaint can be launched to Local Committee within three months from date of last incedent
Aggrived women if physically or mentally incapable or dead condition or otherwise, her legal heir or such other person as may be prescribed may make complaint under this section Settle the matter- Before initiating inquiry the committee at the request of aggrieved woman take step to settle matter between her and respondent through conciliation. but NO MONITARY SETTLEMENT Committee shall record the settlement and forward it to higher officer to take action as specified in recommendation If settlement arrived , No further inquiry
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INTERNAL / LOCAL COMMITTEE
Chairperson- not contravening provisions of section 16, No pending inquiry, No guilty in disciplinary procedings It proceed to make inquiry in accordance with the provisions of the service rules applicable to the respondent. If no such rules exists for domestic workers; if prima facie, case exist committee may forward complaint to police- within period of 7 days after registering case under section 509 of Indian Penal Code or any other said code available
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If both parties are employee- both are given opportunity being heard & copy of finding be made available to both to make presevtationbefore committee As per IPC 509, if respondent is convicted, may order payment (appropriate) regard to provision of section 15 Committee shall have same powers in Civil Procedure Code as summoning & enforcing attendance of any person & examine him, Requiring discovery & production of document Inquiry to be completed in 90 days
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Transfer the aggrieved woman to any other workplace
Grant leave to the woman for three months (additional to her entitled leaves) After completion of enquiry within 10 days it has to be given to employer and should made available to the parties If respondent is found guilty the committee may- To take action for Sexual Harassment as a misconduct in accordance with provision of service rules If no service rules then deduct
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