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Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (No. 14 of 2013).

Main Region

First Region

India
Equality of opportunity and treatment
2013-04-22
National
Law, Act

Second Region

Implements articles 14, 15 and 21 of the Constitution concerning the right to life and to live with dignity as well as the right to practice any profession or carry out any occupation.

Chapter I - Preliminary
Chapter II - Constitution of Internal Complaints Committee
Every employer is obliged to form an Internal Complaints Committee, at least one third of its members have to be women.
Chapter III - Constitution of Local Complaints Committee
This committee is constituted to hear complaints of sexual harassment if the company in questions does not have an Internal Complaints Committee if they have less than 10 employees or if the complaint concerns the employer.
Chapter IV - Complaint
Chapter V - Inquiry into Complaint
Chapter VI - Duties of Employer
Chapter VII - Duties and Powers of District Officer
Chapter VIII - Miscellaneous

The Act sets up a system for the hearing of complaints against sexual harassment. All employers with over 10 workers are obliged to set up an Internal Complaints Committee (ICC). Within three months of the aggravating act, a woman may lay a complaint in writing with the ICC or, in the case of companies that do not have one or when the person concerned is the employer, the complaint is made to the Local Complaints Committee. The Committee, after an inquiry which proves the aggression, then makes a recommendation to the District Officer to drop the case as there is no proof of the allegation, to take action against the aggressor for misconduct and/or make the aggressor pay compensatory damages either directly or through wage deductions. The recommendations of the Committee may be appealed to the appropriate court. Nothing in the Act limits the aggrieved women from taking action under section 509 of the Penal Code concerning the offence of making words, gestures or acts intended to insult the modesty of a woman.

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