Lok Sabha Question No. 1640 (UNSTARRED), answered on 2022-02-11
Subject: Cases of Sexual Harassment
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Debasree Chaudhuri, Poonam (Mahajan) Vajendla Rao, M.K. Vishnu Prasad

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA

## UN-STARRED QUESTION NO.1640

TO BE ANSWERED ON 11.02.2022

## CASES OF SEXUAL HARASSMENT

1640 :  MS. DEBASREE CHAUDHURI: SHRIMATI POONAM MAHAJAN: DR. VISHNU PRASAD M.K.:

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

- (a) the number of cases of sexual harassment filed and resolved, local committees formed especially in informal sector during the last three years State/UT/ districtwise;
- (b) the details of steps taken by Government to enforce and monitor implementation of Prevention of Sexual Harassment (POSH) Act in informal sector and ensure its compliance by the employers;
- (c) the details of steps taken by the Government to expand capacity of committee members to handle sexual harassment complaints; and
- (d) the details of POSH  training, educational material, awareness programs conducted for women in informal sector to encourage better reporting of sexual harassment cases; and
- (e) the  other  steps  being  taken  by  the  Government  to  ensure  compliance  of  the provisions of POSH Act by employers?

## ANSWER

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

(a) to (e): The Government of India has enacted 'the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013' (SH Act) with the aim to provide  safe  and  secure  work  environment  to  women.  The  Act  is  applicable  to  all women  irrespective  of  their  age  or  employment  status,  working  in  organised  or unorganised  sector.  The  Act  casts  an  obligation  upon  all  States  to  constitute  Local Committees (LCs) in every district to receive complaints from organizations having less than 10 workers or if the complaint is against employer himself, for receiving complaints of sexual harassment at workplace.

The responsibility of implementation of the Act at State and District levels rests with the appropriate  Government  i.e.  the  respective  State  Governments  in  respect  of  all workplaces, which are established, owned, controlled or wholly or substantially financed by  funds  provided  directly  or  indirectly  by  the  State  and  any  other  workplace  falling within  its  territory.  They  are  responsible  for  monitoring  the  implementation  of  the  Act and maintaining the data on the number of cases filed and disposed of.  The data of State/  UT/  district-wise  details  of  number  of  cases  of  sexual  harassment  filed  and resolved  is  not  maintained  centrally.  However,  the  National  Crime  Records  Bureau (NCRB) compiles data regarding sexual harassment in work/ office premises (Section 354A of IPC) since 2017 in its publication namely 'Crime in India'. The published report is available till the year 2020, which is available at its website https://ncrb.gov.in.

The Act casts an obligation upon every employer to create an environment which is free from  sexual  harassment.  For  the  purpose,  employers  are  required  to  organize workshops, orientation and awareness programmes at regular intervals for sensitizing the employees and towards building the capacity of Internal Committee (IC) members around  the  provision  of  this  legislation  and  display  at  any  conspicuous  place  notice regarding  the  constitution  of  Internal  Committee  and  penal  consequences  of  sexual harassment etc.

To ensure effective implementation of the Act, a handbook and a training module have been developed. In addition, Ministry of Women and Child Development, from time to time,  has  issued  advisories  to  all  State  Governments/  UT  Administrations,  Ministries/ Departments of Government of India and business associations/ chambers to ensure effective  implementation  of  the  Act.  Video  conferences  have  also  been  held  with  all State Governments/ UT administrations requesting them to establish and build capacity of LCs in each district of the country.

The Ministry has developed an online complaint management system titled the Sexual Harassment  electronic-Box  (SHe-Box,  www.shebox.nic.in)  for  registering  complaints related to sexual harassment of women at workplace.

On 31st July 2018, the Ministry of Corporate Affairs, at the request of this Ministry, has amended the Companies (Accounts) Rules, 2014 making mandatory the inclusion of a statement about compliance with the provisions relating to the constitution of IC under the SH Act in the Report of the Board of Directors.

The Department of Personnel and Training, Ministry of Personnel, Public Grievances and  Pensions,  Government  of  India  has  also  issued  advisories  to  all  the  Central Ministries/ Departments directing them to complete the inquiry in a time bound manner and to include the information related to number of cases filed under the SH Act and their disposal in their annual report.

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