Every country makes laws for the rights and safety of women. Awareness campaigns are also run by the government to make women aware of it at the national level. It is very important for every woman to be aware of her rights and protection given by the constitution.
Knowledge of the rights given to women by the constitution helps women to get their rights and protection. Through this article, I want to make every income group, religion, caste, rural, urban, working and domestic women aware of the right to equality and protection given to women by the Constitution of India.
The Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redressal) Act, 2013.
Under this Act, every government organization, private company, institution, school, college, factory, hotel, hospital, nursing home etc., where the number of employees is 10 or more than 10, employer has to constitute an Internal Complaints Committee(ICC).
Internal Complaints Committee has to receive and redress the sexual harassment complaint of aggrieved woman at workplace.
Under this Act, every unorganized sector, where the number of employees is less than 10, the District Officer has to be constituted a Local Complaints Committee(LCC) to receive and redress the sexual harassment complaint of aggrieved woman at workplace.
The District Magistrate or Additional District Magistrate or the Collector or Deputy Collector may be notified as the District Officer of every District.
The District Officer shall designate one nodal officer in every block, taluka and tehsil in rural or tribal area and ward or municipality in the urban area.
The Nodal Officer is to receive complaints and forward the same to the concerned Local Complaints Committee(LCC) within a period of 7 days.
Any woman working in urban area or rural area, whether permanent employee or contractual basis or ad hoc or daily wages or domestic worker, has the right to make written complaint against sexual harassment at workplace to Internal Complaints Committee(ICC) or Local Complaints Committee(LCC).
Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Complaints Committee(ICC) or the Local Complaints Committee(LCC), within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from date of last incident.
Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint.
“Sexual harassment” includes any one or more of the following unwelcome acts or behavior(whether directly or by implication) namely:-
- physical contact and advances; or
- a demand or request for sexual favours; or
- making sexually coloured remarks; or
- showing pornography; or
- any other unwelcome physical, verbal or non verbal conduct of sexual nature.
The following circumstances, among other circumstances, if it occurs or is persent in relation to or connected with any act or behavior of sexual harassment may amount to sex harassment:-
- implied or explicit promise of preferential treatment in her employment; or
- implied or explicit threat of detrimental treatment in her employment; or
- implied or explicit threat about her present or future employment status; or
- interference with her work or creating an intimidating or offensive or hostile work environment for her; or
- humiliating treatment likely to affect her health or safety.
Any working women, whether working in an urban area or rural area, where the number of employees is 10 or more than 10, can file a written complaint of sexual harassment at workplace to the Internal Complaints Committee(ICC) in her office.
Where the number of employees is less than 10, in this stage the complaint of sexual harassment at workplace can be made through the nodal officer to Local Complaints Committee(LCC).
In the rural area, the Nodal officer can be contacted by nearby blocks, taluka and tehsil. In urban area, the Nodal officer can be contacted by nearest ward or municipality.
The Ministry of Women and Child Development, Government of India has given an external link named “SHe-Box” in the last page of the website where by clicking on the “SHe-Box” external link. The aggrieved woman can file an online complaint of sexual harassment at workplace under this Act[The Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redressal) Act, 2013.]
A copy of the complaint written to Internal Complaints Committee(ICC) by the aggrieved woman, can also be uploaded in this (SHe-Box) portal. After the complaint is registered, you will get a unique number on your mobile number to check the status of your case.
Where and how women should contact in trouble?
Women should not tolerate any kind of atrocities. Talk to your parents and your loved ones openly. By doing this, you are also fighting for the rights of women of the entire society.
The National Commission for Women(NCW) and the State Commission for Women(SCW) have been set up as a statutory body for this purpose.
If there is any type of atrocity with any woman and the police is not taking action, the woman can lodge a complaint through written, oral, email and Whatsapp in her state commission for women.
There is a women’s commission in every state, if your state is Uttar Pradesh, then you can file your complaint with the Uttar Pradesh State Commission for Women. You can easily get the mobile number of the members of the Women’s Commission of any state from the website of the National Commission for Women(NCW).
Aggrieved woman can file a complaint online on the website of state commission for women and check the status of her case.
Aggrieved woman can register her complaint for following matters in National Commission for WOMEN(NCW) and the State Commission for Women(SCW).
- Rape/Attempt to rape.
- Acid Attack.
- Sexual Assault.
- Sexual harassment.
- Stalking/Voyeurism.
- Trafficking/prostitution of woman.
- Outraging modesty of women/Molestation.
- Cyber crimes against women.
- Police Apathy against women.
- Harassment of married woman/Dowry harassment.
- Dowry Death.
- Bigamy/Polygamy.
- Protection of women against Domestic Violence.
- Women’s right of custody of children/Divorce.
- Right to exercise choice in marriage/Honour Crimes.
- Right to live with dignity.
- Sexual Harassment of women at workplace.
- Denial of maternity benefits to women.
- Gender discrimination including equal right to education and work.
- Indecent representation of women.
- Sex selective Abortions; Female Foeticide/Amniocentesis.
- Traditional practices derogatory to women rights like Sati Pratha, Devdasi Pratha and Witch Hunting.
- Free legal Aid for Women.
Non Resident Indians Cell(NRI CELL) in National Commission for Women:-
The NRI Cell of National Commission for Women(NCW) deals and processes with problems faced by women deserted by their NRI husbands.
Aggrieved women can file her complaint in NRI CELL of National Commission for Women(NCW) online and offline both.
About the free legal Aid given by the government authority(NALSA) to every needy man, woman, child and transgender etc. you can read my previous blog “What is Legal Aid?”
Narendra Singh is the founder of this website. He has considerable experience in the hotel industry. Through his articles, he expresses his views to make people aware of the evils going on in the society and to avoid them. To fulfill this objective, he has switched his 18 years long career of the hotel industry and entered in his favorite and interesting career, media. He not only warns against social evils, Rather, by using the Right to Information Act 2005, they expose social evils and inform the concerned department for action against the culprits.
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