The application of the Sexual Harassment of Women At Workplace (Prevention, Prohibition and Redressal) Act (the SH Act), 2013 at all workplaces is monitored. Monitoring is a way to ensure compliance of the Act on the ground. As an additional means of monitoring, the Act mandates the submission of Annual Reports with specific information as well as specific consequences where compliance is lacking.
The Act authorizes appropriate government to monitor the implementation of the Act. As per the Act, Appropriate Government means:
To monitor the Act, the Appropriate Government has the authority to undertake any of the following measures:
In relation to workplace sexual harassment, when it is in the public interest or in the interest of women employees, every employer/District Officer can be ordered by the Appropriate Government i.e. State and Central Government, to make available any information, record or document, including opening its workplace for inspection relating to the same.
The Appropriate Government is entrusted with the monitoring of the implementation of MGNREGA and for maintaining the data on the number of cases filed and disposed of under it. In particular, the Act mandates submission of an Annual Report by the Internal Complaints Committee (ICC) / Local Complaints Committee (LCC) to the employer/District Officer.
The District Officer will forward a brief report on the annual reports to the appropriate State Government. Such reports must include the following information:
The Report of ICC will be forwarded to the DO through the employer.
An employer can be subjected to a penalty of up to INR 50,000 for:
Where an employer repeats a breach under the Act, they shall be subject to:
Monitoring is a critical yardstick to measure success in terms of compliance with the Act. Additionally, it highlights those areas, in terms of law and practice, which may require improvement and/or additional information and guidance at both the State as well as the workplace levels.