Harassment, a violation of fundamental right

Published - May 04, 2018 01:21 am IST - PUDUCHERRY

The Sexual Harassment for Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, provides protection against sexual harassment of women at workplace and for the prevention and redress of complaints of sexual harassment and for matters connected therewith and incidental thereto.

This Act was formulated keeping the essence of Vishaka Guidelines issued by the Supreme Court in 1997 which had to be strictly observed in all the workplaces.

It stated that every instance of sexual harassment is a violation of the fundamental rights of woman to equality under Articles 14 and 15 of the Constitution and her right of life and to live with dignity under Article 21 of the Constitution and right to practise any profession or to carry on any occupation, trade or business which includes a right to a safe environment free for sexual harassment.

As per the Act, every employer should constitute a committee that will be known as the Internal Complaints Committee. This committee should be constituted at all administrative units or offices.

Women members

The committee should comprise a Presiding Officer, who shall be a woman employed at a senior level at workplace from amongst the employees; not less than two members must be from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge and a member amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.

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