The National Commission for Women has recommended that the definition of "sexual harassment" in the law be expanded to include "gender-based cyber crimes with sexual connotations" committed against women employees in their workplace.
In its report to the ministry of women & child development, National Commission for Women has also suggested that limit of 3 months for filing a complaint be enhanced to 6 months & the provision for "conciliation" be removed from law as sexual harassment isn't a dispute that can be resolved through conciliatory mechanisms.
National Commission for Women has also called for amendments to provisions of the Sexual Harassment of Women at Workplace Act 2013 to make sexual harassment a criminal offence & provide for imprisonment ranging from 1 to 3 years with fines or both. It has sought registration of complaints section 354 A of Indian Penal Code (IPC) that was included in Indian Penal Code (IPC) after the Criminal Amendment Act 2013. Currently, complaints can be registered under section 509 of Indian Penal Code (IPC) which lays down simple imprisonment for a term which may extend to one year, or with fine, or with both.
The National Commission for Women had set-off the review process of the existing law in the backdrop of the #MeToo India movement. It has also been sought that appeal before the internal committee should be disposed off in a time-bound manner of not more than 60 days.
To bring in transparency in the IC it is recommended that it should be elected instead of the opaque process of nomination. It also suggests that it is important to fix the responsibility of the employer by mandating them to ensure that anti-sexual harassment measures are adhered to very strictly. The National Commission for Women is hopeful that the recommendations will be considered by the Group of Ministers on Sexual Harassment which met earlier this week for the first time since its reconstitution after the LS polls.
National Commission for Women chief Rekha Sharma said the final report with recommendations for changes in the law & the suggestions that came through in the consultations were submitted in the last week of July to the women & child development ministry. National Commission for Women has flagged that participants in the regional deliberations felt there was a need to make a clear differentiation between sexual harassment & sex based discrimination at the workplace.
It is shared by the National Commission for Women in its report that section 10 of the Act which provides for a conciliatory process has recieved a lot of criticism from stakeholders. Hence the National Commission for Women has recommended that conciliation be done away with as the “scope of conciliation may put women under pressure to withdraw the case in order to safeguard the honour of the workplace.” As far as the definition of “sexual harassment” goes the National Commission for Women further states that it should distinguish between degrees of sexual harassment & provide concrete guidance to the Internal Committee (IC) towards recommending punitive measures.
The National Commission for Women recommendations carry the weight of a regional consultation processwith participation from women organisations, lawyers, former judges, academics & civil society. National Commission for Women chief Rekha Sharma shared that the final report with recommendations for changes in the law & the suggestions that came through in the consultations were submitted in the last week of July to the women & child development ministry & that she was hopeful that these will help in paving the way forward whenever the GoM (Group of Ministers) will give its report.
The GoM (Group of Ministers) was set-up last year in the midst of the #MeToo India movement. The GoM's mandate involves reviewing the existing laws to prevent sexual harassment at workplace with a view to strengthen the legal framework. It was reconstituted after the BJP led NDA returned to power for a second term. It is led by union Home Minister Amit Shah with finance minister Nirmala Sitharaman, HRD minister Ramesh Pokhriyal 'Nishank' & Women & Child Development Minister Smriti Irani as its members.
