India’s award-winning women wrestlers are on the streets demanding action against the Wresting Federation of India chief Brij Bhushan Sharan over sexual harassment allegations.
No action has been taken yet under the Sexual Harassment at the Workplace Act, 2013, which makes it a non-cognisable offence.
Or under the Indian Penal Code which incidentally now has a new provision solely covering sexual harassment, Section 354A. This makes the offence, cognisable and non-bailable.
Section 354A says that a man committing any of the following acts—
i) physical contact and advances involving unwelcome and explicit sexual overtures; or
ii) a demand or request for sexual favours; or
iii) showing pornography against the will of a woman; or
iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine or both.
Local police could have investigated it under Section 156, CrPC, as it is a cognisable offence and registered an FIR. This did not happen prompting the women wrestlers to approach the top court.
All that you need to know about sexual harassment at workplace law, passed in 2013, in India
- What is the Vishakha judgement?
The Supreme Court’s 1997 Vishaka judgement held the field till Parliament stepped in and made a law. This ruling recognised work-place harassment for the first time.
- When was a law enacted to replace the Vishaka guidelines?
A law was enacted in 2013 to replace the Vishaka guidelines
- What is sexual harassment? Includes one or more of the following acts or behaviour namely:
physical contact and advances
making sexually coloured remarks
showing pornography
any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
- Is the offence cognisable or non-cognisable?
It is non-cognisable.
- Who all have to create an internal complaints committee?
All workplaces private or public and even enterprise in the unorganised sector where the number of workers is less than 10.
- Who all comprise the internal complaints committee?
It will include a senior lady worker (presiding officer), two employees committed to the cause of women or who have had experience in social work or having legal knowledge, and one member from among NGOs committed to the cause of women or a person familiar with issues relating to sexual harassment.
- Does it apply to domestic establishments too?
Yes, to any woman who is employed therein.
- What is the limitation period for filing complaints?
A case must be filed within 3 months of the last date of harassment. However, this can be extended another 3 months for reasons recorded in writing.
- Is there a possibility of conciliation in such a case?
Yes, but a monetary settlement cannot be made the basis of conciliation. There will be no more enquiry.
- What are the powers of the internal committee?
The committees internal/local committees shall have the same powers as are vested in a civil court. I.e., it can summon or enforce attendance of any person and examine him under oath, require discovery and production of documents.
- How soon should the complaint be decided?
Inquiry must be completed in 90 days.
- What action can be taken while an inquiry is pending?
The committee can transfer the aggrieved woman or the accused to a different workplace, grant leave to the woman for three months. This will be leave other than what she is entitled to under the rules.
- What happens if you file a false complaint?
If malicious intent is established action can be taken under the service rules.
- What happens if the internal committee finds the person guilty?
Once a person is found guilty, the committees will recommend action against the guilty, or ask him to pay compensation to the aggrieved woman from his wages. These can be recovered as land arrears.
- Who shall take action and within how long a period?
Employer or district officer will act upon the recommendations with 60 days of receiving it.
- Can you appeal against the findings of the committees?
Yes, an appeal can be filed in a court or a tribunal against any person aggrieved by the recommendations. This is to be done within 90 days.
- Who can complain to the court?
No court shall take cognisance of any offence unless a complaint is made by an aggrieved woman or any other person authorised by the internal or local committees.
- What are local committees?
Every district officer shall constitute a committee known as the local committee to receive complaints from establishments which have not constituted internal committees because they have less than ten workers or because the complaint is against the employer himself.
