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:

  1. Mental trauma and suffering.
  2. Career loss.
  3. Medical expenses.
  4. 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.

Comments

Popular posts from this blog

Can the right to mesne profits be attached in execution of a decree?

Brief Outline & Bird’s Eye View of The Juvenile Justice (Care and Protection of Children) Act, 2015

Topic-wise test series on the Bharatiya Sakshya Adhiniyam, 2023 to help you prepare for the Judicial Services Preliminary Examination