Sexual Harassment

Sexual Harassment

The Supreme Court Decision (Vishaka V/S State of Rajasthan, 1997) which recognizes harassment as a form of discrimination against women and violation of the constitutional right to equality was used to refer to sexual harassment.

Earlier, India had no legislation on sexual harassment. In 2013, Indian Government has enacted The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in force from December 09, 2013) which prohibits sexual harassment at the workplace. The Act specifies the types of actions that would fall within the ambit of sexual harassment with respect to women workers. Sexual harassment is defined as any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely: physical contact and advances; or a demand or request for sexual favors; or making sexually colored remarks; or showing pornography, or any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

To address complaints relating to sexual harassment exclusively, the Act mandates all employers to create internal complaints committees. It also requires employers to include sexual harassment as a disciplinary violation in their internal policies, provide assistance to victims in reporting incidents of sexual harassment to the authorities, and also prepare and file annual reports prescribed therein. An employer who contravenes the provisions of this Act is punishable with a fine which may extend to 50,000 rupees.

Sexual harassment is also prohibited under section 354-A of the Penal Code. A person convicted of sexual harassment is punished with rigorous imprisonment for a term which may extend to three years or with fine or with both.

The Code on Wages Bill, 2019 was passed by the Lok Sabha on July 30, 2019 and Rajya Sabha on 02 August 2019. 

The Wage Code regulates wage and bonus payments in all employment.  The Code combines the provision of the following four laws: (i) the Payment of Wages Act, 1936, (ii) the Minimum Wages Act, 1948, (iii) the Payment of Bonus Act, 1965, and (iv) the Equal Remuneration Act, 1976. The Wage Code repeals the above 4 laws.

Source: § 2 & 26 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, § 354 (A) of the Penal Code

Non-Standard Workers' Rights on Protection from Sexual Harassment - Platform workers

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 recognizes the right of every woman to a safe and secure workplace environment irrespective of her age or employment/work status. It includes all women whether engaged directly or through an agent including a contractor, with or without the knowledge of the principal employer. They may be working for remuneration, on a voluntary basis or otherwise. Their terms of employment can be express or implied. The law covers both organised and unorganised sector workers.

The 2013 law defines sexual harassment as "any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:— (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

The 2013 Sexual Harassment Law covers both the organised and unorganised sector workers. The unorganised sector is defined as "an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten". Hence, the law covers workers as well as independent contractors, i.e., platform workers.

In line with section 354A of the Indian Penal Code, "Any man who commits the sexual harassment shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both." Hence, other than imprisonment for a maximum term of 3 years, fine may also be imposed by the court.

 

 

 

loading...
Loading...