Sexual Harassment at Workplace Bill (Part II)
Complaint & Inquiry
- The ‘aggrieved women’ or legal heir can complaint to ICC/LCC in writing against sexual harassment at workplace within 3 months of incident actually happened. ICC/LCC shall try to settle the case through conciliation at request of aggrieved women provided that no monetary settlement.
- ICC/LCC shall inquire into complaint as per service rules if respondent is an employee. In case no service rules or for domestic worker LCC shall forward complaint to Police within 7 days of registering the case.
- The ICC/LCC have powers equivalent to civil court and inquiry shall be completed within 90 days of registering the case.
- ICC/LCC can recommend employer to transfer aggrieved women at some other workplace or to grant leave up to 3 months in addition to leave entitled or grant other relief as may be prescribed (provided recommendations are binding in nature).
- ICC/LCC shall submit report to employer/district officer within 10 days of completion of inquiry with the recommendation of action to be taken as per service rules etc. The employer/officer shall act within 60 days as per recommendation.
- The any information relating to aggrieved women, complaint content, witnesses, findings of ICC/LCC, conciliation report, action taken by employer etc. shall not be made public in any manner. Provided that any information can be disseminated regarding justice to victim against harassment without disclosing any particulars related to ID of aggrieved women or witnesses.
- Any aggrieved person by recommendation of ICC/LCC or non implementation of such recommendations can appeal to court/tribunal as per law/service rules within 90 days of recommendations.
- The compensation amount to be paid to aggrieved women shall be decided by ICC/LCC have regards to –
- Mental trauma, pain, emotional distress cause to aggrieved women;
- Loss in career opportunity due to incident;
- Medical expenses incurred by victim;
- Income & financial status of respondent.
Duties of Employer
- The employer shall organise awareness programmes at regular intervals, provide facilities to ICC, treat sexual harassment as misconduct under service rules, to initiate action against person not an employee for misconduct under IPC etc.
- Also it is duty of employer to provide necessary training to member of ICC to impart their legal duties toward sexual harassment case.
- The District officer shall make endeavour to create awareness on sexual harassment and rights of women either by NGOs or any other measures.
- The ICC /LCC shall make & submit annual report to employer/officer. The Employer shall include number of cases registered/disposed in annual report and submit to district officer. The appropriate govt shall monitor implementation of Act and maintain data of all cases of harassment submitted by officer.
- If employer fails to compliance with any of any provisions of this act then he/she shall be liable to pay fine up to 50,000 rupees. For further non compliance after conviction, he/she shall be liable for twice of max punishment and cancellation of licence by approved authority.
- No court shall take cognizance of any offence punishable under this act. Every offence under this act is non-cognizable (police can’t arrest anyone without orders of court).