GOVERNMENT HAS TO REMOVE THE AMBIGUITTTY IN SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION ,PROHIBITION AND REDRESSAL ) ACT 2013

GOVERNMENT HAS TO REMOVE THE AMBIGUITTTY IN SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION ,PROHIBITION AND REDRESSAL ) ACT 2013

WHAT SECTION 6 (1) OF THE ACT SAYS?

Section 6 (1) of the Sexual Harassment of Women at Workplace (Prevention ,prohibition and redressal ) Act 2013 states that “ Every District Officer shall constitute in the district concerned , a committee to be known as the “ Local Complaints Committee” to receive complaints of sexual harassment from establishments where the Internal Complaints Committee has not been constituted due to having less than ten workers or if the compliant against the employer himself. 

IF  AN ESTABLISHMENT HAS LESS THAN TEN WORKERS

Thus , if  an establishment has less than ten workers , then for such company need not constitute Internal Complaints Committee but concerned employee  can approach the “ Local Complaints Committee” constituted by the District Officer for redressal of their grievances.

“ INTERNAL COMPLAINTS COMMITTEE”

In other words , if an establishment has more than 10 employees ,it has to constitute “ Internal Complaints Committee” to deal with grievances of women employees mandatorily.

TO CLEAR THE EXISTING LACUNAE IN THE ACT

However , the Act does not explain about to whom the coverage of this Act is meant for . Whether  the term employee refers either female employees or includes female and male employees.

MINISTRY IS TO CLARIFY

Hence ,it is requested that the government and the concerned Ministry to issue a clarification on whether this Act is applicable to all the establishments which employs ten or more than 10 employees  or only those establishments which employ more than 10 female employees.

It should be clarified by the Government that the above Act is being covered only in case of ten female employees or not;

For example , if an establishment has only employees , probably this Act will not be applicable to such organization.

An early clarification on the subject will definitely remove the ambiguity that is existing in the Act as regards to its applicability.