Lok Sabha Question No. 1842 (UNSTARRED), answered on 2024-08-02
Subject: Sexual Harassment of Women at Workplace
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Ms. S Jothimani

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO. 1842

TO BE ANSWERED ON 02.08.2024

## SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

## 1842. MS. S JOTHIMANI:

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

- (a) the  total  number  of  cases  registered  and  resolved  under  the  Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH) during the last five years;
- (b) the details of the status of implementation of provisions of Internal Complaint Committees in the Government body and private companies in the country, State/ UT-wise;
- (c) whether the Union Government is considering for any policy reform in view of rising cases and pendency over the years;
- (d) if so, the details thereof and if not, the reasons therefor;
- (e) whether there is any discrepancy in the implementation of Vishakha guidelines in the country; and
- (f) the details  of  the  status  of  Vishakha  guidelines  implementation,  State/  UTwise?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI ANNPURNA DEVI)

(a) to (d):  Safety and security of women in the country is of utmost priority for the Government.  Keeping  this  in  view,  the  Government  has  enacted  'The  Sexual Harassment  of  Women  at  Workplace  (Prevention,  Prohibition  and  Redressal)  Act, 2013' (SH Act) which aims to provide protection to women against sexual harassment at workplace and for the prevention and redressal of complaints related to it. The Act covers  all  women,  irrespective  of  their  age,  employment  status  or  nature  of  work whether working in public or private, organised or unorganised sector. The Act casts an obligation upon employers of all workplaces, public or private, to provide a safe and secure working environment free from sexual harassment, whereby every employer is mandated to constitute an Internal Committee (IC) where the number of employees/ workers  is  more  than  10.  Similarly,  the  Appropriate  Government  is  authorized  to constitute Local  Committee  (LC)  in  every  district to  receive  complaints  from organizations having less than ten workers or if the complaint is against the employer himself. The Act has enough provisions to deal with various aspects of the matter including penal provisions for those who violate the provisions of the Act including for the employers.

Employers are required to organize workshops and awareness programs at regular intervals for sensitizing the employees with the provisions of the Act and orientation programmes  for  members  of  the  Internal  Committee  in  the  manner  as  may  be prescribed.  In  addition,  being  a  Nodal  Ministry,  the  Ministry  of  Women  and  Child Development (MWCD) issues advisories to all Central Ministries /Departments and State Governments/ UTs from time to time to organize workshops and awareness programmes at regular intervals for sensitizing the employees.

The responsibility of the implementation of the Act at District and State levels rests with the State of the appropriate Government 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 workplace, which are established, owned, controlled or wholly or  substantially  financed  by  funds  provided  directly  or  indirectly  by  the  State.  The State/  UT/  district-wise  details  of  number  of  cases  of  sexual  harassment  filed  and resolved is not maintained centrally.

(e) and (f): In the matter of Vishakha Vs State of Rajasthan, the Hon'ble Supreme Court of India set a guideline popularly known as 'Vishakha Guidelines' for prevention of sexual harassment at workplace. Subsequently, the Government enacted the 'The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013' duly taking into consideration the Vishakha guidelines. The aforesaid Act came into force from 09.12.2013.

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