1. Set up an Internal Committee (section 4)
An employer with ten or more workers must set up an Internal Committee by a written order, at every office or unit at a different place. The committee has a Presiding Officer who is a woman employed at a senior level, at least two employees committed to the cause of women or with social work or legal experience, and one outside member from an organisation working for women or familiar with sexual harassment. At least half the members must be women, and a member holds office for up to three years.
2. Put up the notices (section 19)
Display, at a place people can see, the consequences of sexual harassment and the order that sets up the Internal Committee, with its members' names and how to reach them.
3. Train people (section 19 and Rule 13)
Hold workshops and awareness programmes for employees at regular intervals, and orientation programmes for the committee's members.
4. Take complaints and run the inquiry on time (sections 9 to 13)
- A complaint is made in writing within three months of the incident, or of the last one in a series. The committee can extend this by three more months, giving its reasons in writing.
- Before an inquiry, the committee may try conciliation if the complainant asks for it. Money can't be the basis of a settlement.
- The inquiry is completed within 90 days.
- The committee gives its report to the employer within 10 days of finishing, and the employer acts on it within 60 days.
- During the inquiry, and at the complainant's written request, the committee can recommend interim relief, such as a transfer or up to three months' leave (section 12).
5. Keep it confidential (sections 16 and 17)
The complaint, the identities and addresses of the complainant, respondent and witnesses, the proceedings, the recommendations and the action taken must not be published or made known to the public, press or media. Breaking this carries a penalty under the service rules or the Rules.
6. Report every year (sections 21 and 22, Rule 14)
The committee prepares an annual report with the number of complaints received, disposed of, and pending for more than 90 days, the workshops and awareness programmes held, and the action taken. The employer sends it to the District Officer and includes the number of cases filed and disposed of in its own annual report.
7. Know the penalty (section 26)
Not setting up the committee, or breaking the Act's other duties, can bring a fine of up to fifty thousand rupees. A repeat can mean twice the punishment and the loss of a licence or registration needed to do business.
The checklist
- Internal Committee set up by a written order, at every office or unit, with the right members.
- A written policy, shared with every employee.
- Notices with the consequences and the committee's members, displayed where people see them.
- Workshops for employees and orientation for the committee, on a regular schedule.
- A way to complain in writing, and a record of every date in the 90-day inquiry and the 10 and 60 days after it.
- Confidentiality rules that limit who sees what.
- The annual report, sent to the District Officer, and the numbers in the company's own annual report.
This guide explains the law in plain words. It isn't legal advice: check your own facts with your lawyer.