On January 6, 2025, the Labour Department, Government of Delhi, issued a notification urging all District Charges and the Directorate of Industrial Safety and Health (DISH) to ensure that employers are in compliance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
This includes the formation of Internal Complaint Committees (ICCs) and active participation in the She Box Portal, an online platform for filing complaints related to sexual harassment at the workplace.
Key Points of the Notification:
Constitution of Internal Complaint Committees:
- As per Section 4 of the Sexual Harassment Act, every employer with 10 or more employees must establish an Internal Complaint Committee (ICC) to address complaints of sexual harassment at the workplace. This is a mandatory requirement.
- Employers are urged to report to the relevant authorities about the composition and functioning of their ICCs to ensure compliance.
She Box Portal:
- The Ministry of Women and Child Development has introduced the She Box Portal, a convenient online platform where women employees can file complaints related to workplace sexual harassment.
- Employers are directed to inform their employees about the availability of this online mechanism to facilitate easy access to a redressal system.
Penalties for Non-Compliance:
- Employers failing to adhere to these provisions risk facing penalties, as non-compliance with the Act can lead to legal consequences.
- The Hon’ble Supreme Court in the case of W.P.(C) No.1224/2017, Aureliano Fernandes vs. The State of Goa & Ors reinforced the need for strict implementation of the Act’s provisions.
Importance of the Act:
The Sexual Harassment of Women at Workplace Act, 2013, is a central legislation aimed at creating a safer work environment for women. It mandates employers to take proactive steps in preventing, prohibiting, and redressing incidents of sexual harassment in the workplace. The formation of an ICC and the availability of the She Box Portal ensure that women have accessible, efficient mechanisms to report incidents of harassment.
Employers in Delhi are urged to comply with these mandates immediately to avoid penalties and create a safer work environment.
