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SEXUAL HARASSMENT (Procedure after complaint? (After ICC report (the…
SEXUAL HARASSMENT
Background
alleged gang-rape of Bhanwari Devi, a social worker from Rajasthan.
, Women’s Rights Groups filed a Public Interest Litigation
Supreme Court in a judgment in 1997 laid the guidelines
Vishaka Guidelines, which are legally binding, defined sexual harassment and imposed three key parameters on the institutions i.e., prohibition, prevention and redressal.
SC also directed to establish a comlpaints committee, to look into harassment at workplace
SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
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mandates that every employer constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees.
woman can be of any age, whether employed or not, who “alleges to have been subjected to any act of sexual harassment”, that means the rights of all the women working or visiting any workplace, in any capacity, are protected under the Act.
Should victim complain?
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If she cant because of mental trauma/stress:
-Legal heir can do it
-Any member of ICC shall provide reasonable assistance
complaint of sexual harassment is to be made within three months from the date of the incident. However, this is not rigid
ICC can extend the time limit, if it is satisfied that the circumstances were such that, it prevented the woman from filing a complaint.
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ICC powers
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When enquiry is on, woman makes written request ICC “may” recommend her transfer, leave for three months, or any other relief as may be prescribed.
When the inquiry is completed, ICC is to provide a report of the findings to the employer within 10 days. The report is made available to both the parties.