About the Act

• In 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed broadening the Vishaka guidelines. 
• The Act mandates that every organisation with 10 or more employees set up an Internal Complaints Committee (ICC) at each office or branch.
• Similarly, the Appropriate Government is authorized to constitute Local Committee (LC) in every district to receive complaints from organizations having less than ten workers or if the complaint is against the employer himself.
• It lays down procedures and defines various aspects of sexual harassment, including aggrieved victim — a woman “of any age whether employed or not”, who “alleges to have been subjected to any act of sexual harassment”, which means the rights of all women working or visiting any workplace, in any capacity, are protected under the Act.

What were the Vishaka guidelines?

• These were laid down by the Supreme Court in a judgment in 1997. This was a case filed by women’s rights groups, one of which was Vishaka. They had filed a public interest litigation over the alleged gang-rape of Bhanwari Devi, a social worker from Rajasthan. In 1992, she had prevented the marriage of a one-year-old girl, leading to the alleged gang-rape in an act of revenge.

What do these guidelines say?

• Legally binding, these defined sexual harassment and imposed three key obligations on institutions — prohibition, prevention, redressal. The Supreme Court directed that they establish a Complaints Committee, which would look into matters of sexual harassment of women at the workplace.

Definition of Sexual Harrasment:

According to the Act, Sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:

• Physical contact and advances
• A demand or request for sexual favours
• Sexually coloured remarks
• Showing pornography
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

Definition of Workplace

• A workplace is defined as “any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer for undertaking such a journey.”
• As per this definition, a workplace covers both the organised and unorganised sectors.
• It also includes all workplaces whether owned by Indian or foreign companies having a place of work in India.

Women covered under the Act:

• The Act recognizes the right of every woman to a safe and secure workplace environment irrespective of her age or employment/work status. Hence, the right of all women working or visiting any workplace whether in the capacity of regular, temporary, adhoc, or daily wages basis is protected under the Act.
• 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.
• Further, she could be a co-worker, a contract worker, probationer, trainee, apprentice, or called by any other such name.
• The Act also covers a woman, who is working in a dwelling place or house.

Is there a time-frame within which the complaint has to be made?

• The Act states the complaint of sexual harassment has to be made “within three months from the date of the incident”. 
• For a series of incidents, it has to be made within three months from the date of the last incident. However, this is not rigid. 
• The ICC can “extend the time limit” if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period.

Why in the news?

This information was given by the Union Minister of Women and Child Development, Smt. Smriti Zubin Irani, in the Rajya Sabha recently.