SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT 2012

• The Lok Sabha has passed a historic draft legislation which, for the first time in India's history, prohibits sexual harassment of women at workplace and prescribes penalties for employers who fail to offer the mandated protections. 

 NEED FOR LAW:

• India ratified the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) but didn't have a law to address sexual harassment at workplace
• The IPC only covers outrage to "modesty"; not hostile workplace situations
• The apex court in 1997 Vishaka judgment sought such a law

 DEFINITION OF SEXUAL HARASSMENT:

• The law defines sexual harassment as unwelcome behavior towards women such as physical contact and sexual advances; seeking sexual favors; passing sexually colored remarks; showing pornography or acts (direct or by implication) of sexual nature.

 SALIENT FEATURES:

• Titled "Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2012,” the Bill contains provisions to guard every woman, employed or not, against sexual harassment at workplace which has been defined as any establishment, government or private, including nursing homes/hospitals, sports stadium, training centers/games venue and even places a woman visits while on job
•  Domestic workers have been included in the law as working women
•  Every employer is required by law to constitute an "Internal Complaint Committee" in each branch with 10 or more employees. The district authorities must set up Local Complaints Committees to accept complaints from women working in organizations with less than 10 employees or women who are accusing the employer himself.

• In India eve-teasing is the most common form of sexual harassment. Unfortunately, there is no specific law under which offenders can be punished for this crime. About 40 to 60 per cent women become victims of eve-teasing, yet the conviction rate is just 5 per cent in such cases. The passing of the Bill on sexual harassment at workplace in the Lok Sabha, which also included domestic workers for the first time, and a record 45 amendments to the existing law is a welcome step.