The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Detailed breakdown of All Sections
Detailed breakdown of all sections in The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
Chapter I: Preliminary (Sections 1-3)
Section 1 – Short Title, Extent, and Commencement
- This Act is called The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
- It applies to all workplaces across India.
- Came into force on 9th December 2013.
Section 2 – Definitions
Key definitions include:
- Aggrieved Woman: Any woman (employee or not) alleging sexual harassment at a workplace.
- Sexual Harassment: Includes physical contact, requests for sexual favors, sexually colored remarks, showing pornography, or any other unwelcome conduct.
- Workplace: Covers offices, factories, hospitals, sports institutes, transport facilities, and even houses where domestic workers are employed.
- Employer: The head of an organization or a person responsible for the management of a workplace.
Section 3 – Prevention of Sexual Harassment
- No woman shall be subjected to sexual harassment at any workplace.
- Sexual harassment includes quid pro quo harassment (work benefits in exchange for sexual favors) and creating a hostile work environment.
Chapter II: Internal Complaints Committee (ICC) (Section 4)
Section 4 – Constitution of ICC
- Every workplace with 10 or more employees must have an Internal Complaints Committee (ICC).
- ICC must include:
- A Presiding Officer (a senior woman employee).
- At least two employees with experience in social work/legal knowledge.
- One external member from an NGO or association committed to women's rights.
- At least 50% of the members must be women.
- ICC members serve for three years.
Chapter III: Local Complaints Committee (LCC) (Sections 5-8)
Section 5 – Notification of District Officer
- A District Magistrate (DM) or Additional District Magistrate (ADM) is appointed as the District Officer for implementing the Act.
Section 6 – Constitution and Jurisdiction of LCC
- LCC is formed in every district to handle complaints from:
- Workplaces with fewer than 10 employees.
- Cases where the employer is the accused.
Section 7 – Composition of LCC
- LCC must have:
- A Chairperson (woman social worker).
- A woman employee from local administration.
- Two NGO members (one must be a woman).
- A representative from Social Welfare or Women & Child Development Department.
Section 8 – Grants and Audit
- The Central Government funds LCCs, and their accounts are audited regularly.
Chapter IV: Complaint Process (Sections 9-11)
Section 9 – Filing a Complaint
- A complaint must be filed within 3 months from the date of the incident (extendable by 3 months if justified).
- If the aggrieved woman is physically or mentally incapacitated, her legal heir or authorized person can file the complaint.
Section 10 – Conciliation
- Before inquiry, ICC/LCC may try conciliation, but no monetary settlement is allowed.
- If a settlement is reached, it must be documented and enforced.
Section 11 – Inquiry Process
- ICC/LCC must complete the inquiry within 90 days.
- Both parties must be given a fair hearing.
- If the complaint is against a domestic worker, the case is forwarded to the police under Section 509 of IPC.
Chapter V: Inquiry and Actions (Sections 12-18)
Section 12 – Actions During Inquiry
- The aggrieved woman may be transferred or granted up to 3 months’ paid leave.
Section 13 – Inquiry Report
- A final report must be submitted within 10 days of completing the inquiry.
- If allegations are proven, ICC/LCC recommends disciplinary action or compensation.
- Employer must act within 60 days.
Section 14 – False or Malicious Complaints
- If a complaint is proven to be false and malicious, action may be taken against the complainant.
- However, lack of evidence alone is NOT considered a false complaint.
Section 15 – Determining Compensation
Compensation is based on:
- Mental trauma and suffering.
- Career loss.
- Medical expenses.
- Financial status of the harasser.
Section 16 – Confidentiality
- Complaint details must not be disclosed except to relevant authorities.
Section 17 – Penalty for Breach of Confidentiality
- Any person revealing case details faces penalties under service rules.
Section 18 – Right to Appeal
- Either party can appeal within 90 days to a higher authority or tribunal.
Chapter VI: Duties of Employers (Section 19)
Section 19 – Duties of Employers
Employers must:
- Provide a safe workplace.
- Display penalties for harassment publicly.
- Conduct awareness programs for employees.
- Assist in filing police cases if the victim desires.
- Treat sexual harassment as workplace misconduct.
Chapter VII: District Officer’s Responsibilities (Section 20)
Section 20 – Duties of District Officer
- Monitor LCCs and promote awareness of women's rights.
Chapter VIII: Miscellaneous Provisions (Sections 21-30)
Section 21 – Annual Reports
- ICC/LCC must submit annual reports to employers and District Officers.
Section 22 – Employer’s Reporting Obligation
- Employers must include details of sexual harassment complaints in their annual report.
Section 23 – Government Monitoring
- The Government must collect data on harassment cases across India.
Section 24 – Awareness and Training
- The Government must organize education and awareness programs.
Section 25 – Inspections and Record-Keeping
- Authorities can inspect workplaces to ensure compliance.
Section 26 – Penalties for Non-Compliance
- Employers failing to:
- Form ICC,
- Act on complaints, or
- File reports,
Can be fined up to ₹50,000.
- Repeat offenders can face license cancellation.
Section 27 – Cognizance of Offenses
- Complaints can only be filed by the aggrieved woman or authorized person.
Section 28 – Act in Addition to Other Laws
- This Act works alongside IPC, labor laws, and other protections.
Section 29-30 – Rule-Making and Removal of Difficulties
- The Government can make rules and remove difficulties in implementation.
Final Thoughts
This Act empowers women by ensuring:
✔ A clear complaint mechanism (ICC/LCC).
✔ A time-bound inquiry process.
✔ Employer accountability for safe workplaces.
✔ Strict penalties for violations.
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