Vishaka Judgement -The Internal Complaints Committee
On the landmark Judgement by the Apex Court of India dated on 13th Aug 1997 of Vishaka judgement that recognized and addressed sexual harassment at the workplace as a human rights violation.
The Supreme court in its judgement said every women has a right to a safe workplace.
The court gave directives for all employers/organizations making it mandatory to institute sexual harassment complaints committees at workplaces.
The judgement also created sexual harassment prevention guidelines for the workplace. The sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 has replaced the guidelines/norms laid down by Hon' able Supreme Court on sexual harassment and came into force from 9 December 2013.
The Govt. of India is yet to make rules for carrying out the provisions of this Act, 2013. However, in the light of enactment of The sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
The Internal Complaints Committee is responsible for:
- Investigating every formal written complaint of sexual harassment
- Taking appropriate remedial measures to respond to any substantiated allegations of sexual harassment
- Discouraging and preventing employment-related sexual harassment
The Internal Complaints Committee shall inquire into the complaints as per the provisions of Section 11 of the Act, 2013. During pendency of inquiries the Committee may give recommendations as may be considered necessary under the provision of Section 12 of the Act, 2013 and based on these recommendations, the Competent Authority shall take appropriate action.
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