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Monday, March 17, 2014

Rules under the Sexual Harassment of women at Workplace (Prevention, Prohibition and Redressal ) Act

Rules under the Sexual Harassment of women at Workplace (Prevention, Prohibition and Redressal ) Act


GOVERNMENT OF INDIA

MINISTRY OF WOMEN AND CHILD DEVELOPMENT

LOK SABHA
UNSTARRED QUESTION NO 2827
ANSWERED ON 07.02.2014

RULES UNDER THE SEXUAL HARASSMENT ACT

2827 . Shri P. KARUNAKARAN

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:-

(a) the number of cases of sexual harassment of women at work places registered and disposed of by various authorities during each of the last three years and the current year, State/UT-wise ;

(b) the directives, is any, issued by the Supreme Court in this regard;

(c) whether the Government has finalised/notified the rules under the Sexual Harassment of women at Workplace (Prevention, Prohibition and Redressal ) Act;

(d) if so, the details thereof and if not, the reasons therefor along with the time by which it is likely to be done; and

(e) the other measures including punitive action taken/being taken by the Government in this regard ?

ANSWER

MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI KRISHNA TIRATH)

(a): The National Crime Records Bureau (NCRB) does not maintain data exclusively on sexual harassment at workplaces. However, the State/UT wise data of complaints registered with National Commission for Women (NCW) for sexual harassment of women at work places during the last three years and the current year is annexed.

(b): 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. The guidelines clearly state that all workplaces should 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.

(c) to (e): The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 came into force with effect from 9th December 2013. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 have also been notified on 9th December, 2013. The Act seeks to cover all women, irrespective of their age or employment status and protect them against sexual harassment at all workplaces both in public and private sector, whether organized or unorganized. The “Criminal Law (Amendment), Act 2013” has also been enacted which makes “sexual harassment” a crime and increases the penalty for provisions relating to outraging the modesty of a woman.

Further, all the Sates/Uts Governments have been requested to ensure constitution of Internal Complaints Committee as per the provisions of the Act in every Department/ Organisation/ undertaking/industrial establishment and educational institution. In addition to ensure notification of district officers to facilitate the constitution of Local Complaints Committees in every district.

Annexure referred to in reply to Part (a) of the Lok Sabha Unstarred Question No. 2827 for 7.2.2014  by Shri P.Karunakarn regarding Rules under the Sexual Harassment Act.

No. of Complaints of Sexual Harassment at Work Place registered in NCW during the last   three-years and the current year, State/UT-wise.



State
2010
2011
2012
2013  (as on 10/12/2013)
Total
1
Andaman and Nicobar Islands
0
1
0
0
1
2
Andhra Pradesh
1
3
0
1
5
3
Arunachal Pradesh
0
0
0
0
0
4
Assam
0
2
0
0
2
5
Bihar
4
3
3
5
15
6
Chandigarh
0
0
0
4
4
7
Chhattisgarh
1
0
1
1
3
8
Dadra and Nagar Haveli
0
0
0
0
0
9
Daman & Diu
0
0
0
0
0
10
Delhi
25
23
15
36
99
11
Goa
1
1
1
0
3
12
Gujarat
4
1
0
8
13
13
Haryana
5
3
2
13
23
14
Himachal Pradesh
0
0
0
0
0
15
Jammu & Kashmir
1
1
0
1
3
16
Jharkhand
4
5
2
2
13
17
Karnataka
2
3
1
3
9
18
Kerala
0
0
1
1
2
19
Lakshadweep
0
0
0
0
0
20
Madhya Pradesh
10
10
9
9
38
21
Maharashtra
7
4
4
7
22
22
Manipur
0
0
0
0
0
23
Meghalaya
0
0
0
0
0
24
Mizoram
0
0
0
0
0
25
Nagaland
0
0
0
0
0
26
Orissa
2
1
4
4
11
27
Pondicherry
0
0
1
0
1
28
Punjab
6
2
1
6
15
29
Rajasthan
5
14
13
10
42
30
Sikkim
0
0
0
0
0
31
Tamilnadu
0
1
1
1
3
32
Tripura
0
0
0
0
0
33
Uttar Pradesh
23
20
41
34
118
34
Uttarakhand
0
1
3
0
4
35
West Bengal
3
1
0
4
8

Total
104
100
103
150
457

 Source - http://164.100.47.132/Annexture/lsq15/15/au2827.htm

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