Sexual Harassment of Women at Workplace (Prohibition, Prevention and Redressal) Act

The Sexual Harassment of Women at Workplace (Prohibition, Prevention and Redressal) Act builds upon and codifies the Vishakha guidelines laid down by the Supreme Court in 1997, creating a comprehensive legal framework to address workplace sexual harassment. Before this Act, women had to rely on criminal provisions under Sections 354 and 509 of the Indian Penal Code, which involved police procedures and were limited in scope. The 2013 Act marks a shift by placing a statutory obligation on employers to provide a safe and harassment-free workplace, with legal penalties for non-compliance. The Act broadly defines terms such as sexual harassment, aggrieved woman, and workplace, including virtual and remote settings, and mandates the establishment of Internal Complaints Committees (ICCs) in workplaces with 10 or more employees. It provides detailed procedures for filing complaints, conducting inquiries, and also includes protections against false or malicious complaints. This legislation is a significant advancement in securing women’s rights in the workplace.