The Union Cabinet has finally approved, the Protection of Women against Sexual Harassment at Workplace Bill to ensure a much needed safe working environment for women..The Union Cabinet has finally approved, the Protection of Women against Sexual Harassment at Workplace Bill to ensure a much needed safe working environment for women..The Sexual Harassment Bill has a penalty provision which can fine employers if they do not comply with the Bill and the Bill defines its application to all sectors, organized and unorganized..Speaking to Bar & Bench Trilegal Partner, Charandeep Kaur said, “While guidelines in relation to sexual harassment in workplaces have been in existence since the passing of the landmark judgment in Vishaka vs. State of Rajasthan in 1997, a specific law which would take the principles enunciated in the judgment forward in a structured way was required for a long time. The ‘Protection of Women against Sexual Harassment at Workplace Bill, 2010’, once enacted, will introduce a much demanded specific set of regulations with direct consequences for violation. While there may be various practical issues associated with implementation, the fact that a codified law exists will now oblige everyone to abide by it..Manasi Pande, PhD Student at the University of Cambridge, speaking with Bar & Bench said, “Even though the Bill covers women in both the organized and the unorganized sector, I am doubtful that women in the unorganized sector (who are almost invisible) will be protected adequately, neither will the law enforcement agencies be able to implement the provisions of the Bill”..The essential features of the Bill are:.Definition: The Bill proposes a definition of sexual harassment, on the basis of the Supreme Court landmark judgment in Vishaka vs. State of Rajasthan (1997)..Aim: It aims at eradicating creation of a hostile work environment as ‘sexual harassment’ at workplace and seeks to prohibit such acts..Protection Covers: It provides protection not only to women who are employed, but also to any woman who enters the workplace as a client etc. It gives protection to students, research scholars in colleges/university and patients in hospitals. Further, the Bill seeks to cover workplaces in the unorganised sectors..Complaints Committee: The Bill provides for an effective complaints and redressal mechanism. Under the proposed Bill, every employer is required to constitute an Internal Complaints Committee. Since a large number of the establishments in our country have less than 10 workers for whom it may not be feasible to set up an Internal Complaints Committee (ICC), the Bill provides for setting up of Local Complaints Committee (LCC) to be constituted by the designated District Officer at the district or sub-district levels, depending upon the need. This twin mechanism would ensure that women in any workplace, irrespective of its size or nature, have access to a redressal mechanism. The LCCs will enquire into the complaints of sexual harassment and recommend action to the employer or District Officer..Penalty: 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 (approximately $1,111)..Options: Since there is a possibility that during the enquiry proceedings the woman could feel or be under a threat, she has been given opportunity to seek relief in the form of transfer of the harasser or herself or seek leave from work..Enquiry Proceedings: The Complaint Committees will complete the enquiry within a period of 90 days and a period of 60 days has been given to the employer or District Officer for implementation of the recommendations of the Committee..Malicious Complaints: The Bill provides for safeguards in case of false or malicious complaint of sexual harassment..A copy of the Protection of Women against Sexual Harassment at Workplace Bill is available here..Bar & Bench has done a detailed study on sexual harassment at workplace in law firms and courts in India. The survey revealed that five out of ten top-tier law firms have a sexual harassment policy which is a ground breaking step in the right direction.
