The Union Ministry of Women and Child Development had issued advisories to all State/UT Government on 23rd December,2013 to ensure effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Ministries/Departments in Government of India have also been advised on 12th November, 2014 to ensure the compliance of the Act.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 mandates that all the workplace which include any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society having more than 10 workers to constitute Internal Complaint Committee (ICC) for receiving complaints of sexual harassment.
The Act cast an obligation upon all the employers to constitute Internal Complaint Committee. If any employer fails to constitute an Internal Complaint Committee, or contravenes or attempts or abets contravention of other provisions of this Act or any rules made there under, he shall be punishable with fine which may extend to fifty thousand rupees.
The Supreme Court of India laid down formal guidelines for dealing with sexual harassment at the workplace in the case of Vishakha Vs. State of Rajasthan in the year 1997. As per the laid down guidelines, all workplaces are mandated to constitute a complaint committee to deal with complaints of sexual harassment. Taking forward the Supreme Court guidelines, the Ministry has been stressing for setting up of such Committees in every workplace.
At present, there is no proposal to amend the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
This information was given by Union Minister of Women and Child Development, Smt. Maneka Gandhi in a written reply to Lok Sabha.