No proper mechanism for monitoring sexual harassment at workplace, religious places must come under compulsion too: NCW

There is no specified authority to enquire and inspect the proper implementation of the Sexual Harassment at Workplace Act, 2013, the National Commission for Women (NCW) said, following a law review consultation of the Act on Saturday.

The Commission said there is a vital need to bring religious places under Internal Complaint Committees (ICC), pointing to the case of rape filed by a nun in Kerala against Bishop Franco Mulakkal.

“There is no proper mechanism for monitoring the implementation of the Act... When there is non-compliance, the mechanism for imposing penalty on authorities is not clearly defined in the Act,” NCW said.

It also noted that the monitoring authority for Sexual Harassment at Workplace Act in the corporate sector was not also clearly defined. It expressed dissatisfaction with the composition of ICCs and state government’s Local Complaint Committee (LCC).

“More women members, from civil society organisations and members from the establishment should be part of ICC/LCC. Seniormost woman member with legal background from civil society organisations out of three members can be made chairperson of the ICC/LCC,” NCW said.

In its recommendations, NCW noted that regular trainings and orientation programmes have to be conducted by the national or state authorities to the members of the panel. Inquiry process of the IC ICC/LCC must be time-bound and it should adhere to the provisions of the act. It was discussed whether it is possible to define boundaries of acceptable standard behaviour at the workplace which may not come under the ambit of sexual harassment