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Sexual Harrassment of Women at Workplace Bill 2012 crosses Parliamentary hurdle

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill 2012, was yesterday passed by the upper house of the Parliament, almost six months after it was signed off by the Lok Sabha, reported the IANS. [Draft as passed in Lok Sabha on 3 September 2012 via Lawyers Collective]

Sexual harassment as defined under the bill refers to “Unwelcome acts or behaviour” including: physical contact and advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

The bill also factors in “circumstances” amounting to sexual harassment including implicit or explicit promise or threat of preferential or deferential treatment in employment or employment status, interfering with the woman employee’s work or creating an intimidating, offensive or hostile work environment for us, or meting out humiliating treatment likely to affect her health or safety.

“Workplace” under the bill includes both organised as well as the unorganised sector, including household help, and also any place visited by the woman in connection with her employment.

It mandates resolutions at two levels – a five-member internal complaints committee in every administrative unit of a workplace and a four-member local committee at the district government level.

Complaints against employees will be dealt with in accordance with service rules or by the police where no such rules exist. If the complaint by an aggrieved woman is proved, she will be monetarily compensated either from the salary or wage of the offender, or otherwise.

The bill also covers the possibility of malicious complaints, and provides that action can be taken against such complainant under service rules or otherwise if no rules exist. But mere inability to substantiate the complaint is not enough to prove malice.

Women and child empowerment minister Krishna Tirath moved the bill for passage in the Rajya Sabha yesterday, according to the house’s list of business.

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