Sexual Harassment of Women at Workplace Act, 2013

After many bills on the prevention of sexual harassment, India finally enacted its law on the prevention of sexual harassment against women employees at the workplace. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Sexual Harassment Act”) has been made effective on April 23, 2013, by way of publication in the Gazette of India.

The statute has been enacted almost 16 years after the Supreme Court of India, in its landmark judgment in Vishaka and Others v. the State of Rajasthan (“Vishaka Judgment”) laid down guidelines making it mandatory for every employer to provide a mechanism to redress grievances pertaining to workplace sexual harassment and enforce the right to gender equality of working women. This enactment was long-awaited. This is a significant step towards the prevention and prohibition of workplace sexual harassment. The Act ensures a safe and healthy work environment for women and provides a redressal mechanism to victims of sexual harassment at the workplace.

Cognizance of offense by courts

As per Section 27, of the Act

1. No court shall take cognizance of any offense punishable under this Act or any rules made thereunder, save on a complaint made by the aggrieved woman or any person authorized by the Internal Committee or Local Committee in this behalf.
2. No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offense punishable under this Act.
3. Every offense under this Act shall be non-cognizable.

Act not in derogation of any other law.

As per Section 28, of the Act

The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

Power of appropriate Government to make rules.

As per Section 29, of the Act

1. The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
2. In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

• the fees or allowances to be paid to the Members under sub-section (4) of section 4;
• the nomination of members under clause (c) of sub-section (I) of section 7;
• the fees or allowances to be paid to the Chairperson, and Members under sub-section (4) of section 7;
• the person who may make a complaint under sub-section (2) of section 9;
• the manner of inquiry under sub-section (I) of section 11;
• the powers for making an inquiry under clause (c) of sub-section (2) of section II;
• the relief to be recommended under clause (c) of sub-section (I) of section 12;
• the manner of action to be taken under clause (i) of sub-section (3) of section 13;
• the manner of action to be taken under sub-section (1) and (2) of section 14;
• the manner of action to be taken under section 17;
• the manner of appeal under sub-section (1) of section 18;
• the manner of organizing workshops, awareness programs for sensitizing the employees and orientation programs for the members of the Internal Committee under clause (c) of section 19; and
• The form and time for preparation of an annual report by the Internal Committee and the Local Committee under sub-section (I) of section 21.

3. Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid.

4. Any rule made under sub-section (4) of section 8 by the State Government shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

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