The Bill to Protect Women against Sexual Harassment

The Union Cabinet of India on 4 November 2010 approved the introduction of the Protection of Women against Sexual Harassment at Workplace Bill, 2010 in the Parliament. The objective of the bill is to provide safe environment for women at work places, both in public and private sector. The bill will protect women against sexual harassment at all kind of work places.

Key Features of the Bill
•    The Bill to protect women against sexual harassment at work place defines sexual harassment and recognizes hostile work environment as sexual harassment at work place.
•     The Bill provides protection not only to women who are employed but also to any woman who enters the workplace as a client, customer, apprentice, and daily wageworker. Students and patients in hospitals have also been covered. Further, the Bill seeks to cover workplaces in the unorganised sectors.
•     The Bill to protect women against sexual harassment provides for an effective complaints and redressal mechanism. Under the proposed Bill, every employer is required to constitute an Internal Complaints Committee. The Bill also provides for setting up of Local Complaints Committee (LCC) to be constituted by the designated District Officer at the district or sub-district levels. This twin mechanism would ensure that women in any workplace 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.
•     Employers who fail to comply with the provisions of the proposed Bill will be punishable with a fine of 50,000 Rs.
•     The Bill provides for safeguards in case of false or malicious complaint of sexual harassment. However, mere inability to substantiate the complaint or provide adequate proof would not make the complainant liable for punishment.

Implementation of the Bill will be the responsibility of the Central Government in case of its own undertakings or establishments and of the State Governments in its own.

The Bill to protect women against sexual harassment, if implemented will create a sense of security among women at work place and it will increase the women’s participation in work.