The National Commission for Women (NCW) expressed deep concerns over the rising incidents of sexual harassment, particularly at coaching centers and educational institutions. In 2022 alone, NCW received nearly 31,000 complaints, marking the highest number since 2014. A sizable 54.5% of the complaints came from Uttar Pradesh, followed by Delhi, Maharashtra, Bihar, and Haryana. The crimes ranged from domestic violence, dowry harassment, sexual harassment at workplace, rape, attempted rape, to cyber crimes.
To combat these issues, the NCW has asked all states to ensure strict implementation of the Sexual Harassment of Women at Workplace (Prevention, Protection and Redressal) Bill, 2012 (amended Bill) that was passed by Parliament in 2013.
The Protection of Women Against Sexual Harassment Act, 2013: Background and Mechanism
The Supreme Court, in the landmark Vishakha case against the State of Rajasthan in 1997, laid down the ‘Vishakha guidelines.’ These guidelines served as the groundwork for the creation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Sexual Harassment Act”).
The Act defines sexual harassment at the workplace and provides a mechanism for redressal of complaints. Employers are required to form an Internal Complaints Committee at each office or branch with 10 or more employees. These committees hold the powers of civil courts for gathering evidence and offer conciliation before initiating an inquiry if requested by the complainant.
Non-compliance with the provisions of the Act is punishable with a fine. Repeated offenders face severer penalties, including cancellation of license or registration to conduct business. The State Government is responsible for appointing a District Officer in every district to form a Local Complaints Committee (LCC), ensuring women working in the unorganized sector or small establishments are free from sexual harassment.
Background and Mandate of the National Commission for Women (NCW)
The NCW was established as a statutory body in January 1992 under the National Commission for Women Act, 1990. It consists of a chairperson, a member secretary, and five other members. The Central Government nominates the chairperson of the NCW.
The NCW’s mission is to ensure women achieve equality and equal participation in all life spheres by securing their rights through adequate policy formulation and legislative measures. It reviews constitutional and legal safeguards for women, proposes remedial legislative measures, facilitates redressal of grievances, and advises the Government on policy matters affecting women. Over the years, they have received numerous complaints and acted suo-moto in various cases to provide speedy justice.
Major Legal Frameworks and Schemes Empowering Women in India
India provides several constitutional safeguards and legislative frameworks for women’s welfare. They guarantee rights to equality, prohibit discrimination based on gender, mandate special provisions for women, and prohibit practices derogatory to women’s dignity. Key legislative frameworks include the Protection of Women from Domestic Violence Act, 2005, The Dowry Prohibition Act, 1961, The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and The Protection of Children from Sexual Offences (POCSO), 2012.
Several empowerment schemes like Beti Bachao Beti Padhao Scheme, One Stop Centre Scheme, UJJAWALA, SWADHAR Greh, Nari Shakti Puraskar, Mahila police Volunteers, Mahila Shakti Kendras (MSK), and Nirbhaya Fund further bolster these frameworks.
The Way forward and Recommendations of JS Verma Committee
The JS Verma Committee recommended implementing an Employment Tribunal instead of an internal complaints committee for complaints’ speedy disposal. The tribunal should not function as a civil court, it should be able to create its procedure per the complaint.
The committee also suggested expanding the Act’s scope to include domestic workers and broadening the definition of sexual harassment by taking into account the complainant’s subjective perception.
Eliminating violence against women is key to achieve equality, development, peace, and fulfillment of women and girls’ human rights. This requires a holistic approach, changing the entire ecosystem. All relevant stakeholders including lawmakers, police officers, forensic department, prosecutors, judiciary, medical & health departments, NGOs, and rehabilitation centers need to collaborate effectively to bring about significant change.
