India Legal News: Sexual Harassment Bill Ready

In India, the menace of sexual harassment at workplace is rampant despite the fact that most organizations install technologically sound safety measures such as surveillance cameras. In different forms, sexual harassment continues to take place at the workplace. The good news is that working women can now heave a sigh of relief as the Government of India plans to go ahead with the draft Bill on the Protection of Women against Sexual Harassment at Workplace. This draft will be ready to be discussed in the Cabinet soon. The Bill envisages a forum to handle sexual harassment complaints for organized and unorganized workplaces.

The proposed Bill defines sexual harassment as “an unwelcome sexually determined behavior whether directly or by implication which includes physical contact and advances or demand or request for sexual favors, sexually colored remarks, showing pornography, or any other unwelcome physical, verbal conduct of sexual nature.”

India Legal News: Sexual Harassment Law Stipulates Internal Complaint Committee in Organized Undertakings with a Woman as its Presiding Officer

Under the proposed harassment law, the organized sector is defined as any establishment owned or financed by the appropriate government or local authority. The Bill requires every organized undertaking to have an ‘internal complaint committee,’ the absence of which will lead to deregistration or a penalty of Rs.50, 000 for the first-time offence. It will be the duty of the district officer to ensure the presence of such committees.

When the offence occurs for the second time, the previous punishment must be doubled by the employer followed with deregistration. The internal complaint committee must have at least two and not more than 10 members. The committee should have a woman as its presiding officer.

India Legal News: Sexual Harassment Law stipulates that District Collector will be Liable to deal with Complaints in Unorganized Sectors

Under the harassment law, an unorganized sector is a workplace controlled by an individual or where the maximum number of employees is nine. The District Collector will be liable to tackle the complaints from unorganized sector.

According to a senior official in the Ministry of Women and Child Development, “The proposed law provides for a mandatory district-level local complaint committee to investigate into sexual harassment complaints, especially registered by women working in the unorganised sector like domestic helps, labourers.”