NORMS FOR WORKPLACE

In the slew of gender reforms carried out in the wake of the Nirbhaya case, the Supreme Court’s Vishaka guidelines of 1997 were notified in April 2013 as the Sexual Harassment of Women at Workplace Act. This is what it mandates: 

Every employer must have an ‘internal complaints committee’ to deal with allegations of sexual harassment .

This offence is defined as any unwelcome behaviour with a female employee involving ‘physical contact and advances’ or ‘a demand or request for sexual favours’ or making ‘sexually coloured remarks’ or ‘showing pornography’ .

The committee, headed by a senior female employee and including one member from an NGO or a women’s group, will hold an inquiry into every written complaint, exercising the powers of a civil court

During the inquiry, the aggrieved woman may be transferred or granted leave 

If it concludes that the allegation has been proved, the committee shall recommend that it be treated as a misconduct with consequences including deduction of salary from the offender to be paid as compensation to the victim

Any employer found to have not set up the statutory complaint is liable to be fined and if he is a repeat offender, his licence is liable to be withdrawn or registration cancelled.