In December 2013, the Government of India enacted the Sexual Harassment of Women at Workplace (Prohibition, Prevention and Redressal) Act, 2013,(“Act”). The rules contained in this revolutionary new Act are now mandatory for all offices/workplaces and not complying with these norms can lead to serious legal ramifications.
This Massive Open Online Course (“MOOC”), created in partnership with the Centre for Social Research, will provide the learner with a fundamental understanding of this Act in a simple, concise and comprehensive manner. It will trace the development of case law in India through judicial activism. In this context, we will also take a brief look at important judgments such as Vishakha v. State of Rajasthan and Medha Kotwal Lele v. Union of India.
It will introduce the mechanisms and procedures instituted by the Act to enable a safe working environment for women. We will then study the various remedies available, including civil and criminal remedies, under the Act and other applicable laws as well.
P R O G R A M M E O U T L I N E
Unit 1 – Evolution of Anti-Harassment Law
This Unit introduces students to a broader understanding of anti-harassment law. It outlines the development and the evolution of anti-harassment legislation in India. This Unit will also introduce the student to the international legal framework that promotes a harassment-free environment for women.
Unit 2 – Understanding the Legal Framework
This Unit studies the Sexual Harassment of Women at Workplace (Prohibition, Prevention and Redressal) Act, 2013, (“Act”) in detail.
In particular, it focuses on the salient features of the Act such as important definitions and the scope of the Act.
Unit 3 – Complaints and the Complaint Process
The complaint process forms an integral part of the Act and this Unit will focus on the manner and form of complaints. It will also outline the procedure to be followed while investigating a complaint, as well as ancillary matters such as maintaining the complaint adjudication confidential.
Unit 4 – Resolution and Prevention
This Unit will highlight the different outcomes of a complaints redressal procedure. We will also take a look at other possible avenues to access justice available under penal laws. Further, this Unit will outline key features of the complaints procedure such as the reporting mechanism at the organisational level.