(1) Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal ) Act, 2013 provides that any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:—
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
would amount to Sexual Harassment at workplace
Further, as per Section 2 (o) of the Act, workplace includes:-
(i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society;
(ii) any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or
(iii) hospitals or nursing homes;
(iv) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
(v) any place visited by the employee arising out of or during the course of employment including transportation by the employer for undertaking such journey;
(vi) a dwelling place or a house;
Further, also the Section 3 of Act which deals with Prevention of Sexual Harassment provides that
(1) No woman shall be subjected to sexual harassment at any workplace.
(2) The following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:—
(i) implied or explicit promise of preferential treatment in her employment; or
(ii) implied or explicit threat of detrimental treatment in her employment ; or
(iii) implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or hostile work environment for her;
(v) humiliating treatment likely to affect her health or safety.
If any of the element as mentioned above is Section 2 (n) or Section 3 is present in any of the places as mentioned in Section 2(o) the same would be falling in the definition of Sexual Harassment at workplace and aggrieved women can file complaint as per the provision of Section 9 of the Act which is as under:-
(1) Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, 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 the date of last incident: Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing: Provided further that the Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months , if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period.
(2) 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 under this section.
In compliance of the provisions of POSH Act, 2013 and guidelines issued from time to time by the Central Govt. AERA has constituted the Internal Complain Committee and the details of ICC are as under:-
| Name | Designation | Member of Committee | Phone Number | |
|---|---|---|---|---|
| Ms. Meenu Kapil | Director, DGCA | Presiding Officer | meenu.dgca@nic.in | 8860918045 |
| Shri Subhash Chand | Under Secretary (F&A) | Member | usfa[at]aera[dot]gov[dot]in | 9717943630 |
| Shri Mani Bhushan | Astt. Section Officer (Gen. Admn) | Member | mani[dot]1986[at]aera[dot]gov[dot]in | 8882318555 |
| Mrs. Manjula Mehta | Consultant (OL) | Member | aerahindiconsultant204[at]gmail[dot]com | 9868586317 |
| Ms. Shweta Bharti | Advocate | External Member | shweta[dot]bharti[at]hammurabisolomon[dot]com | 9811020612 |
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