The Chairman
The National Human Rights
Commission
Manav Adhikaar Bhavan
C-Block, GPO Complex
INA, Delhi-23
September 18, 2014
Subject: Request
for display of relevant information regarding the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 in the work-places
Sir
Although nearly 17 years have passed since the celebrated Vishaka
guidelines were issued by the Hon’ble Supreme Court on sexual harassment at
work-place and nearly 9 months since the enforcement of the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013, it has been
observed that there is very little awareness across the country on the women’s
right to protection against sexual harassment at work-place and accordingly,
little has so far been achieved in the direction of elimination of this evil. It
would not be an exaggeration to say that even the legal fraternity in general
is more or less equally uninformed about the provisions of this Act. It cannot
be disputed that the right to protection against sexual harassment at
work-place flows from the basic human rights to life and liberty, gender
equality and freedom to practice one’s occupation.
Section 19 (b) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 provides that every employer shall display at any
conspicuous place in the workplace, the penal consequences of sexual harassment
and the order constituting the internal complaints committee. However, the
compliance of this mandate so far is extremely rare.
In order to afford better protection to women from sexual harassment at
workplace and more effectively implement the Act, it is desirable that the relevant
information regarding the provisions of the Act, is prominently displayed at
all the work-places covered under this Act across the country. This should
include a compliance of the mandate of Section 19 (b) and other relevant information
which may be necessary and useful for exercising the right to protection
guaranteed under this Act.
It is suggested that the information should address at least the
following basic queries:
·
What amounts to sexual harassment
under the Act?
·
Who can complain under the Act?
·
Against whom can the complaint be
made?
·
To whom is the complaint to be made?
·
What are the rights of the woman who
makes such a complaint?
You are humbly requested to consider the issue and direct all the States/UTs
to ensure that the relevant information regarding the provisions of the Act is prominently
displayed at all the work-places falling under the ambit of this Act.
With regards
Ashok Agarwal, Advocate
Advisor, Social Jurist
M: 9811101923
No comments:
Post a Comment