sexual harassment -Fine to Employer for failure to constitute Complaint Committee

By | July 25, 2016
Employers can be fined upto Rs 50,000 for failure to constitute an Internal Complaint Committee for receiving complaints of sexual harassment

The National Crime Records Bureau (NCRB) has started collecting data under the category of insult to the modesty of women (section 509 of IPC) at office premises since 2014. A total of No. of 57 cases were registered and 47 persons were Chargesheeted out of which 2 person are convicted during 2014.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 casts responsibility on the appropriate Government to monitor the implementation of this Act and maintain data on the number of cases filed and disposed off.

The Act mandates all the workplace which include any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society having more than 10 workers to constitute Internal Complaint Committee (ICC) for receiving complaints of sexual harassment.

If any employer fails to constitute an Internal Complaint Committee, or contravenes or attempts or abets contravention of other provisions of this Act or any rules made there under, he shall be punishable with fine which may extend to fifty thousand rupees.

The Ministry of Women and Child Development had issued advisories to all States/UTs Government on 23rd December, 2013 and 27th October, 2014 to ensure effective implementation of the Act. The Ministries/Departments in Government of India have also been advised to ensure the compliance of the Act time to time.

Further, Ministry of Corporate Affairs along with the industry bodies, Associated Chambers of Commerce & Industry of India (ASSOCHAM), Federation of Indian Chambers of Commerce and Industry (FICCI), Confederation of Indian Society, Chamber of Commerce & Industry (CCI), and National Association of Software and Services Companies (NASSCOM) have been requested to ensure effective implementation of the Act amongst their members in the private sector.

This information was given by the Minister of Women and Child Development, Smt Maneka Sanjay Gandhi in reply to a question in the Lok Sabha.

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