The Union Ministry’s Response to #MeToo Campaign
In response to the revitalized #MeToo campaign on social media, the Union Ministry for Women and Child Development is planning to establish a committee composed of senior judicial and legal personalities. Their task? To investigate the legal and institutional framework in place to combat sexual harassment in workplaces.
The assembly of this committee comes as part of a long-standing effort to strengthen laws and regulations that prevent crimes against women. A precedent was set when Justice JS Verma committee was formed post the horrifying Nirbhaya incident that took place in December 2012.
JS Verma Committee’s Recommendations on Sexual Harassment at Work
The Justice J.S. Verma Committee made a significant contribution by recommending the establishment of an employment tribunal. They proposed this as a preferable alternative to an internal complaints committee (ICC) under the Sexual Harassment at the Workplace Act.
To ensure swift resolution of complaints, the committee suggested the tribunal should veer away from functioning as a civil court. Instead, it should develop its own flexible procedure suitable for dealing with each unique complaint.
In addition to this, The Committee pushed for the inclusion of domestic workers within the ambit of the Act. They argued that having an internal complaints committee as per the act could potentially discourage women from filing complaints, making it counterproductive.
Analysis of The Sexual Harassment Act by The Committee
The Committee expressed dissatisfaction with the existing Sexual Harassment Act, arguing it did not reflect the spirit of the Vishakha guidelines. These guidelines were put into place by the Supreme Court in 1997 to address sexual harassment at the workplace.
The Committee proposed that any “unwelcome behavior” should be assessed from the subjective perspective of the complainant. This recommendation aimed to broaden the definition of sexual harassment.
The Verma Panel’s Stand
On their part, the Verma panel recommended that an employer should be held accountable if they allowed or facilitated sexual harassment in the workplace. The panel provided a range of instances where an employer can be held liable.
| Instances Where the Employer is Liable |
|---|
| – If the employer creates an environment where sexual misconduct becomes widespread and systematic |
| – Failure to communicate the company’s policy on sexual harassment |
| – Failure to explain how workers can file a complaint |
| – Negligence in forwarding a complaint to the tribunal |
| – The company will also be responsible for paying compensation to the complainant |
The panel also raised objections against penalizing women for false complaints as it could potentially impede the objective of the law.
The Protection of Women Against Sexual Harassment at Workplace Act, 2013
This Act was instrumental in defining sexual harassment within workplaces. It introduced a mechanism for redressal of complaints, safeguards against false or malicious charges, and mandatory constitution of an Internal Complaints Committee in every office or branch with 10 or more employees.
These committees were vested with powers similar to civil courts for evidence collection. They were also required to provide for conciliation before initiating an inquiry if requested by the complainant. Penalties were defined for employers, with non-compliance to the Act’s provisions punishable by fine and repeated violations leading to higher penalties and even cancellation of business license or registration.
