The Sexual Harassment Act mandates constitution of an ICC by the employer who has more than 10 employees. It extends to all workplaces. It imposes upon employers the duty to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps required.
Who does the The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act, 2013) cover?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act, 2013) covers the female employees of the school. It does not extend to students. Children below the age of 18 are covered under the Protection of Child form Sexual Offences Act, 2012. It acts as a preventive and redressal mechanisms for teachers and associated employees of schools to provide a safe workplace framework.
The government of National Capital Territory of Delhi, Directorate of Education vide Notification NO.F.DE.15/Act-I/Vishakha Guidelines/2014/25342-47, Dated 28.07.2014 directing Constitution of Internal Complaints Committee in Private Unaided Recognized Shools of Deihl in terms of -“THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013. The notification can be viewed at http://it.delhigovt.nic.in/writereaddata/Cir2014521260.pdf
The notification lays down that as per section -2 (g) (i) “employer” means – ” in relation to any department, organization, undertaking, establishment, enterprises, institution, office, branch or unit of the appropriate government or a local authority, the head of the department, organization, undertaking establishment, enterprises, institution, office, branch or unit or such other officer as the appropriate Government or the local authority, as the case may be, may by an order specify in this behalf.”
From above, it is clear that the Private Unaided Recognized Schools under Directorate of Education are covered under the ambit of said Act and It is the prime duty of every employer of a workplace shall, by an order in writing, constitute a committee to be known as the – “Internal Complaints Committee”.
The notification also makes it mandatory for the schools to place the details of constitution of “Internal Complaints Committee” on the Notice Board of the school as well as on their schools’ website.