HOW THE ANTI-SEXUAL

HARASSMENT LAW EVOLVED

Sexual harassment in the workplace is amongst the most unreported crimes against women. There were no clear laws on the subject before 2013 and many women desisted from reporting harassment

The gang-rape of social worker Bhanwari Devi in Rajasthan in 1992 led to a petition in the Supreme Court in 1997 by a group of women’s organisations called ‘Visakha’. The court issued guidelines in 1997 to protect women at the workplace

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is unique as for the first time it recognises workplace sexual harassment as an infringement of women’s fundamental rights as under the Indian Constitution

The statute places an obligation on both public and private sector employers to set up an Internal Complaints Committee (ICC). Failure to do so is a non-cognisable offence under the law

The presiding officer should be a senior level woman employee. The panel should have no less than two members from amongst employees who are committed to the cause of women and one external NGO member. At least half of the ICC members should be women

The ICC is to provide a report on whether or not sexual harassment has been proved within 10 days of completion of evidence. It can act against the accused, ranging from termination of service to withholding of pay and can also award compensation to women

After the brutal gang rape and death of a young physiotherapist in Delhi in December 2012, Parliament amended the criminal law relating to sexual offences. The Criminal Laws (Amendment) Act, 2013, broadened the definition of rape and increased punishment for several sex offences

To invoke penal provisions, the charges must be proved beyond reasonable doubt and must have all the ingredients of the offence