PANJIM: The Department of Women and Child Development on Wednesday said that the failure on part of the employers to implement the Prevention of Sexual Harassment (PoSH) of Women at Workplace Act 2013 at workplace will attract penalty which may be extended to Rs 50,000.
It is pertinent to note that this Act is an extension on the basis of the guidelines laid down by the Supreme Court of India in its landmark judgment in case of Vishakha versus State of Maharashtra in 1997 and it ensures a safe working environment for women and provides protection to women at their workplace from any form of sexual harassment and for redressal of any complaints of harassments.
It is mandatory, as per the provisions of Section 19 of the Act the employer is required to provide safe working environment, display the gist of the provisions of the Act at any conspicuous place in the workplace, create awareness programmes at regular intervals, to assist women, etc.
As per the provisions of the Section 4 of the Act, employers are required to constitute Internal Complaint Committee (ICC) at workplace.
The composition of the Internal Complaint Committee required is a ‘Presiding Officer’ who shall be a woman employed at a senior level at workplace from amongst employees; not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge; one member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.
The committee constituted shall be in force for a period of three years and subsequently it is required to be re-constituted.
In a press communique issued by the department has directed all the government departments/organisations/undertakings/industrial establishments, educational institutions/private sector organisations, hospitals, sports institutes, other professionals etc to implement the said Act. The department stated that failure shall attract penalty which may extend to Rs. 50,000 as prescribed under Section 26 of the Act for non-compliance of the Provision of the Act.
