The Protection of Women Against Sexual Harassment at Work Place Bill, 2010

The Bill lays down the definition of sexual harassment and seeks to provide a mechanism for redressing complaints.  It provides for the constitution of an ‘Internal Complaints Committee’ at the work place and a ‘Local Complaints Committee’ at the district and block levels.  A District Officer (District Collector or Deputy Collector), shall be responsible for facilitating and monitoring the activities under the Act.

Highlights of the Bill

• The Bill defines sexual harassment at the work place and creates a mechanism for redressal of complaints.  It also provides safeguards against false or malicious charges.

• Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees.  The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level.

• The Complaints Committees have the powers of civil courts for gathering evidence.

• The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant. 

• Penalties have been prescribed for employers.  Non-compliance with the provisions of the Act shall be punishable with a fine of up to Rs 50,000.  Repeated violations may lead to higher penalties and cancellation of licence or registration to conduct business.  

Key Issues and Analysis

• There could be feasibility issues in establishing an Internal Complaints Committee at every branch or office with 10 or more employees.

• The Internal Complaints Committee has been given the powers of a civil court.  However, it does not require members with a legal background nor are there any provisions for legal training.

• The Bill provides for action against the complainant in case of a false or malicious complaint.  This could deter victims from filing complaints.

• Two different bodies are called ‘Local Complaints Committee’.  The Bill does not clearly demarcate the jurisdiction, composition and functions of these Committees.

• Cases of sexual harassment of domestic workers have been specifically excluded from the purview of the Bill.

• Unlike sexual harassment legislation in many other countries, this Bill does not provide protection to men.