<http://indialawyers.wordpress.com/author/lawreports/> Protection of
Women against Sexual Harassment at Workplace Bill, 2010 approved by
Cabinet<http://indialawyers.wordpress.com/2010/11/05/protection-of-women-against-sexual-harassment-at-workplace-bill-2010-approved-by-cabinet/>
*NNLRJ INDIA <http://indialawyers.wordpress.com/author/lawreports/>* |
November 5, 2010 at 12:55 | Tags: Central
Government<http://indialawyers.wordpress.com/tag/central-government/>,
Employment <http://indialawyers.wordpress.com/tag/employment/>,
Harassment<http://indialawyers.wordpress.com/tag/harassment/>,
Sexual harassment <http://indialawyers.wordpress.com/tag/sexual-harassment/>,
State Government <http://indialawyers.wordpress.com/tag/state-government/>, The
Bill <http://indialawyers.wordpress.com/tag/the-bill/>, Union
Cabinet<http://indialawyers.wordpress.com/tag/union-cabinet/>,
Union Council of Ministers of
India<http://indialawyers.wordpress.com/tag/union-council-of-ministers-of-india/>|
Categories: CRIME
AGAINST WOMEN<http://indialawyers.wordpress.com/category/crime-against-women/>,
CRIMINAL JUSTICE
SYSTEM<http://indialawyers.wordpress.com/category/criminal-justice-system/>,
DOMESTIC 
VIOLENCE<http://indialawyers.wordpress.com/category/domestic-violence/>,
GENDER <http://indialawyers.wordpress.com/category/gender/>, SEXUAL
OFFENCES<http://indialawyers.wordpress.com/category/sexual-offences/>,
WOMEN 
EMPOWERMENT<http://indialawyers.wordpress.com/category/women-empowerment/>|
URL:
http://wp.me/pqrag-CP

The Union Cabinet today approved the introduction of the Protection of Women
against Sexual Harassment at Workplace Bill, 2010 in the Parliament to
ensure a safe environment for women at work places, both in public and
private sectors whether organised or unorganized. The measure will help in
achieving gender empowerment and equality.

The proposed Bill, if enacted, will ensure that women are protected against
sexual harassment at all the work places, be it in public or private. This
will contribute to realisation of their right to gender equality, life and
liberty and equality in working conditions everywhere. The sense of security
at the workplace will improve women's participation in work, resulting in
their economic empowerment and inclusive growth.

*Salient features of the Bill are as follows: *

The Bill proposes a definition of sexual harassment, which is as laid down
by the Hon'ble Supreme Court in Vishaka v. State of Rajasthan (1997).
Additionally it recognises the promise or threat to a woman's employment
prospects or creation of hostile work environment as 'sexual harassment' at
workplace and expressly seeks to prohibit such acts.

The Bill provides protection not only to women who are employed but also to
any woman who enters the workplace as a client, customer, apprentice, and
daily wageworker or in ad-hoc capacity. Students, research scholars in
colleges/university and patients in hospitals have also been covered.
Further, the Bill seeks to cover workplaces in the unorganised sectors.

The Bill provides for an effective complaints and redressal mechanism. Under
the proposed Bill, every employer is required to constitute an Internal
Complaints Committee. Since a large number of the establishments (41.2
million out of 41.83 million as per Economic Census, 2005) in our country
have less than 10 workers for whom it may not be feasible to set up an
Internal Complaints Committee (ICC), the Bill provides for setting up of
Local Complaints Committee (LCC) to be constituted by the designated
District Officer at the district or sub-district levels, depending upon the
need. This twin mechanism would ensure that women in any workplace,
irrespective of its size or nature, have access to a redressal mechanism.
The LCCs will enquire into the complaints of sexual harassment and recommend
action to the employer or District Officer.

Employers who fail to comply with the provisions of the proposed Bill will
be punishable with a fine which may extend to ` 50,000.

Since there is a possibility that during the pendency of the enquiry the
woman may be subject to threat and aggression, she has been given the option
to seek interim relief in the form of transfer either of her own or the
respondent or seek leave from work.

The Complaint Committees are required to complete the enquiry within 90 days
and a period of 60 days has been given to the employer/District Officer for
implementation of the recommendations of the Committee.

The Bill provides for safeguards in case of false or malicious complaint of
sexual harassment. However, mere inability to substantiate the complaint or
provide adequate proof would not make the complainant liable for punishment.

Implementation of the Bill will be the responsibility of the Central
Government in case of its own undertakings/establishments and of the State
Governments in respect of every workplace established, owned, controlled or
wholly or substantially financed by it as well as of private sector
establishments falling within their territory. Besides, the State and
Central Governments will oversee implementation as the proposed Bill casts a
duty on the Employers to include a Report on the number of cases filed and
disposed of in their Annual Report. Organizations, which do not prepare
Annual Reports, would forward this information to the District Officer.

Through this implementation mechanism, every employer has the primary duty
to implement the provisions of law within his/her establishment while the
State and Central Governments have been made responsible for overseeing and
ensuring overall implementation of the law. The Governments will also be
responsible for maintaining data on the implementation of the Law. In this
manner, the proposed Bill will create an elaborate system of reporting and
checks and balances, which will result in effective implementation of the
Law.
Related Articles

   - Cabinet clears Sexual Harassment
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   ibnlive.in.com)
   - Protect a Business from Sexual Harassment
Allegations<http://workplace-bullying.suite101.com/article.cfm/protect-a-business-from-sexual-harassment-allegations>(
   workplace-bullying.suite101.com)
   - Bangladesh 'Eve teasing'
protest<http://r.zemanta.com/?u=http%3A//www.bbc.co.uk/go/rss/int/news/-/news/world-south-asia-11687647&a=27705187&rid=00000060-2518-000F-0000-000000000967&e=7d3fc837fc3675ee66833dce1e131f42>(
   bbc.co.uk)
   - What is Sexual Harassment? <http://brainz.org/what-sexual-harassment/>(
   brainz.org)
   - eBossWatch National Sexual Harassment Registry Will Deter Workplace
   Abuse <http://www.prweb.com/releases/prweb2010/09/prweb4494514.htm> (
   prweb.com)
   - Dealing with Accusations of Sexual Harassment in the
Workplace<http://www.brighthub.com/office/human-resources/articles/82829.aspx>(
   brighthub.com)
   - The Sexual Harassment
Dice<http://www.neatorama.com/2010/11/02/the-sexual-harassment-dice/>(
   neatorama.com)
   - ABC Exec Resigned Because of Sexual Harassment Probe
[Television]<http://gawker.com/5599647/abc-exec-resigned-because-of-sexual-harassment-probe>(
   gawker.com)
   - Law to protect women from workplace harassment
soon<http://topinews.com/mainstream/2010/10/28/law-to-protect-women-from-workplace-harassment-soon/43428/>(
   topinews.com)
   - Consequences of Sexual Harassment in the
Workplace<http://www.brighthub.com/office/career-planning/articles/89649.aspx>(
   brighthub.com)

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The UID project is going to do almost exactly the same thing which the
predecessors of Hitler did, else how is it that Germany always had the lists

of Jewish names even prior to the arrival of the Nazis? The Nazis got these
lists with the help of IBM which was in the 'census' business that included
racial census that entailed not only count the Jews but also identifying
them. At the United States Holocaust Museum in Washington, DC, there is an
exhibit of an IBM Hollerith D-11 card sorting machine that was responsible
for organising the census of 1933 that first identified the Jews.

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