As per ‘The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’, an aggrieved woman who alleged to have been subjected to any act of sexual harassment at a workplace can be of any age whether employed or not, and they can also be those employed to do household work, assistant professor, Royal Academy of Law, Nongthongbam Meena said on Wednesday.
Meena was speaking at the online capacity building programme for para legal volunteers of Tamenglong and Noney district organised by the District Legal Services Authority (DLSA), Tamenglong on the topic ‘Sexual Harassment of women at workplace', in collaboration with Manipur State Legal Services Authority (MASLSA) under the aegis of NALSA.
Even domestic workers, including girls who are employed to do household work in any house are also covered under the Act, she said.
As per the Act ‘sexual harassment’ includes any one or more of the unwelcome acts or behaviour (whether directly or by implication) such as physical contact and advances; or a demand or request for sexual favours; or making sexually coloured remarks; or showing pornography; or any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
She highlighted salient features of the Act, including constitution of Internal Complaints Committee and Local Complaints Committee, Complaint, Inquiry to Complaint, Inquiry Report, determination of compensation, duties of employer, duties and power of district officer etc.
She also spoke on the role of paralegal volunteers for sensitising the women of their localities. Sensitization programme for women working in the unorganised sectors is to be conducted frequently, she added.
She urged that all the legal aid clinic to endeavour to eliminate discrimination against women at workplace by sensitising the public at large and circulating pamphlets.
District and Sessions Judge, Imphal West, chairman, DLSA, Tamenglong A Guneshor Sharma said that there was no separate legislation in India for protection of women from sexual harassment. Those women experiencing sexual harassment at work place used to lodge complaint under S. 354, S. 509 and other relevant provisions of the Indian Penal Code, 1860, he said.
In Vishaka –v- State of Rajasthan, the Supreme Court laid down the guidelines and norms for due observance at all work places or other institution to provide for effective enforcement of the basic human right of gender equality and guarantee against sexual harassment until a legislation is enacted for the purpose. Thereafter, Indian Legislature enacted the ‘The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’ to provide protection against sexual harassment of women at work place and for the prevention and redressal of complaints of sexual harassment, Sharma said.
