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Compliance with sexual harassment law is poor

Response to the law against sexual harassment of women has been pathetic if action taken by respective state governments and private entities is anything to go by. It’s be en nearly two years since the Sexual Harassment of Women at Workplace (Prevention Prohibition & Redressal) Act 2013 came into force, but only one state, Rajasthan, has managed to become fully compliant with the law.

According to responses Maharashtra, Andhra Pradesh, Haryana, Arunachal Pradesh, Uttarakhand, Chhattisgarh and Goa have so far only partially complied with the law .

Under the Act, states, UTs are required to monitor implementation and compliance of the law through the office of district officer for each district who, in turn, nominates a local complaints committee (LCC) and nodal officers. Most of the states are still in the process of ensuring all measures are taken in compliance with the Act.

“The biggest challenge to implementation is ignorance of the law. It is applicable for all organizations irrespective of its size and whether they have women employees or not. The entire focus of this law is to prevent sexual harassment by bringing about a behavioural change among employees.

While the Act cast an obligation upon all the employers to constitute an internal complaint committee (ICC), it also placed the responsibility on the appropriate state government to notify the district officer for setting up LCC. State governments are expected to monitor the implementation of the Act and maintain data on the number of cases filed and disposed of in respect of all cases of sexual harassment at the workplace. The LCC is required to investigate complaints received from employees in cases where an ICC has not been constituted by the employer or the complaint is against the employer himself.

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About eMinds Legal

eMinds Legal

eMinds Legal is a Corporate Law Firm based in Gurgaon, India specializing in Corporate Legal, Corporate Secretarial and Compliance. The Firm comprises of a team of Corporate Lawyers and Company Secretaries with in-depth subject matter knowledge and participative industry experience of over 15 years.

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