Handbook on Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013

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Prepared for Webinar on Handbook on Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 Dated May 17, 2020 by LawEscort.in.

INDEX

  • Introduction 6
  • What is Sexual Harassment?8
  • Definition of Sexual Harassment 8
  • Section 2(N) of the Sexual Harassment
    of women at workplace (Prevention,
    Prohibition and Redressal) Act, 2013 10
  • Historical Background 12
  • International Conventions 12
  • Convention on Elimination of All Forms
    of Discrimination against Women (CEDAW) 12
  • International Labour Convention on
    Discrimination (Employment and
    Occupation) Convention, 1958 14
  • Vishaka Case analysis 16
  • Facts: 16
  • Judgment: 18
  • Vishakha Guidelines 20
  • Critical Analysis 23
  • Conclusion 25
  • Sexual Harassment at Worplace Act 2013 27
  • Applicability and scope 27
  1. What amounts to Sexual Harassment? 28
  • Complaints Committee 30
  • Internal Committee: 30
  • Constitution of the IC: 31
  • Local Committee: 32
  • Constitution of the LC: 32
  • Powers of the IC/LC: 33
  • Complaint mechanism 34
  • Conciliation 35
  • Interim Reliefs 36
  • Punishment and compensation 36
  • Frivolous complaints 38
  • Consequences of non-compliance 39
  • Employer’s Duties and Obligations 39
  • Post Vishaka Judicial Precedents 42
  • Apparel Export Promotion Council v. A.K Chopra 42
  • Medha Kotwal Lele & Ors. V. Union of India & Ors. 43
  • Analysis of the Prevention Of Sexual Harassment Act 45

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