Lok Sabha Question No. 5669 (UNSTARRED), answered on 2019-07-26
Subject: SHe-Box Portal
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Shashi Tharoor

## 5669.   DR. SHASHI THAROOR:

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:

- (a) whether the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 prohibits and penalizes the publication of information regarding the details of the complaint and complainant and if so, the details thereof;
- (b) whether the 'SHe-Box' websites states that the Government of India will not be responsible for any data leak from the SHe-Box portal and if so, the details thereof;
- (c) the steps taken by the Government to ensure that the details of complainants under 'SHe-Box' is protected, so that complainants are assured of confidentiality while lodging complaints; and
- (d) whether the 'SHe-Box' has any authority to take action against erring Internal Complaints Committees, if so, the details thereof?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI SMRITI ZUBIN IRANI)

- (a): Yes, Sir. Section 16 and 17 read with Rule 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition  and  Redressal)  Act,  2013  (The  SH  Act)  and  Rules  made  there  under  prohibit  and  penalise  the publication  of  information  regarding  the  details  of  complaints  and  complainants  under  this  Act.  Section  16 clearly states that 'Notwithstanding anything contained in the Right to Information Act, 2005, the contents of the  complaint  made  under  section  9,  the  identity  and  addresses  of  the  aggrieved  woman,  respondent  and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee or the Local Committee, as the case may be, and the action taken by the employer or the District Officer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner.

Provided  that  information  may  be  disseminated  regarding  the  justice  secured  to  any  victim  of  sexual harassment under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.'

As per Section 17, where any person entrusted with the duty to handle or deal with complaint, inquiry or recommendations or action to be taken under the provisions of this Act, contravenes the provisions of section 16, shall be liable for penalty in accordance with the service rules applicable to said person or where no such rule  exist,  as  per  Rule  12  which  states  that  the  employer  shall  recover  a  sum  of  five  thousand  rupees  as penalty from such person.

- (b) &  (c): No,  Sir.  Government  of  India  has  taken  all  reasonable  steps  to  keep  the  identity  of  the  aggrieved women/complainant confidential. Care has been taken so that only authorized officers and complainant could access  the  portal  through  their  login  id  and  passwords  to  ensure  such  confidentiality.  However,  as  the information uploaded on any website can be prone to cyber attacks and consequent data breach, the user has been cautioned to accept the inherent security risks associated with providing information over the internet.
- (d): No, Sir.

## LOK SABHA UNSTARRED QUESTION NO. 5669

## TO BE ANSWERED ON 26.07.2019

## SHE BOX PORTAL