Capacity Building and Training for implementation of Sexual Harassment of Women at Workplace Act

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Capacity Building and Training for implementation of Sexual Harassment of Women at Workplace Act

The effective use of any legislation is possible through generating awareness among the masses, especially its beneficiaries and imparting rigorous training to those responsible for its implementation. Since a large work force both of organised and unorganised sectors stands covered it’s a gigantic task to enlighten the masses. All industrial houses, traders & businessmen associations, Market associations and the like need to take up awareness programmes for their women employees. Girl’s educational institutions too need to organise awareness programmes, in their respective institutions, intensively.

 

The central and state governments, themselves, have a very large work force of women who need to be educated about the provisions of this new legislation. Section 24 of the Act requires that both the central and state governments shall organise awareness programmes to educate women about the provisions of this Act by disseminating information in the form of training material, within the available financial and other resources.  The government needs to organise workshops to carry out orientation programmes, conduct capacity building programmes for sensitising the employees about the new Act. Accordingly, the Training Institutes of central and state governments need to organize intensive orientation courses for their officers and staff members.

 

The Act requires creation of forums for dialogues which may involve Panchayati Raj Institutions, Gram Sabha, women’s groups, mothers’ committee, adolescent groups, urban local bodies and any other body etc. Section 24 of the Act and Rule 13 reads as under:

 

24. Appropriate Government to take measures to publicise the Act.—The appropriate Government may, subject to the availability of financial and other resources, —

(a) develop relevant information, education, communication and training materials, and organise awareness programmes, to advance the understanding of the public of the provisions of this Act providing for protection against sexual harassment of woman at workplace;

(b) formulate orientation and training programmes for the members of the Local Committee.

 

Rule 13. Manner to organise workshops, etc. – Subject to the provisions of section 19, every employer shall-

(a) formulate and widely disseminate an internal policy or charter or resolution or declaration for prohibition, prevention and redressal of sexual harassment at the workplace intended to promote gender sensitive safe spaces and remove underlying factors that contribute towards a hostile work environment against women;

(b) carry out orientation programmes and seminars for the Members of the Internal Committee;

(c) carry out employees awareness programmes and create forum for dialogues which may involve Panchayati Raj Institutions, Gram Sabha, women’s groups, mothers’ committee, adolescent groups, urban local bodies and any other body as may be considered necessary;

(d) conduct capacity building and skill building programmes for the Members of the Internal Committee;

(e) declare the names and contact details of all the Members of the Internal Committee;

(f) use modules developed by the State Governments to conduct workshops and awareness programmes for sensitising the employees with the provisions of the Act.

 

Directions of Supreme Court: The following directions have been given by the Supreme Court in Medha Kotwal Lele Case [(2013) 1 SCC 297]

:

1. The State Government shall give comprehensive publicity to the notifications and orders issued by it in compliance with the guidelines framed by this Court in Vishaka case and the directions given in Medha Kotwal case by getting the same published in the newspapers having maximum circulation in the State after every two months.

2. Wide publicity be given every month on Doordarshan Station, Sikkim about various steps taken by the State Government for implementation of the guidelines framed in Vishaka case and the directions given in Medha Kotwal case.

3. Social Welfare Department and the Legal Services Authority of the State of Sikkim shall also give wide publicity to the notifications and orders issued by the State Government not only for the government departments of the State and its agencies/instrumentalities, but also for the private companies.”

 

Empanelment of institutions: The Ministry of Women & Child Development (Women Welfare Division) has identified a pool of resource institutions to conduct training programmes about the Act. A circulars issued in this regard is as under:

 

Recommended Panel of Institutes/Organizations for imparting training programmes/workshop under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 vide OM No. 13016/5/2015-WW 16th February, 2017.

 

"Government of India has enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the Act) to ensure safe and secure environment to women at the workplace.

 

The Ministry of Women and Child Development (MWCD) focuses on "women living with dignity and contributing as equal partners towards the development of the country in an environment free from violence." The broad mandate of the Ministry is to have holistic development of women and children.

 

The Ministry formulates plans, policies and programmes; enacts/amends legislation, guides and coordinates the efforts of both governmental and non-governmental organizations working in the field of Women and Child Development.

 

In order to create wide spread awareness about the Act across the country, MWCD being the nodal Ministry for the advancement of women has identified a pool of resource institutions willing to provide training on the Act. These institutes/organizations/companies have been selected from a large number of applications received from various organization/institutes/companies conducting training programmes/workshops on women rights or on the Act in different part of India.

 

The empanelled Institutes/Organizations will abide by following stipulations:

(a) That the empanelled Institutes /organization/company's name and contact details will be displayed on MWCD's website as an Institutes/organization willing to provide training on the Act;

(b) That the empanelled institute/organization/company will provide a quarterly report (i.e. by 15th April, 15th July, 15th October, 15th January) to MWCD having following details:

(I) Number of training programmes/workshops provided;

(ii) Date and period of each and every training/workshop and name of the organizations for which it was conducted;

(iii) Number of the participants attending each training programme/workshop;

(iv) Name and details of Resource Persons (for each training/workshop separately) conducting training/workshops;

(v) Photographs of each and every training programme/workshop.

 

The information so received under sub-clause (i), (ii), (iii), (iv) and (v) of clause (b) will be published on the MWCD's website.

 

(c) Six months after the publication of the list, MWCD may assess the capacity building initiatives undertaken by the empanelled Institutes/organizations/ company on the basis of information submitted in the quarterly report.

 

(d) The empanelled Institutes/organizations are free to negotiate the financial arrangements with the Institutes/organizations requesting training program/ workshop on the Act.

 

The empanelment of an Institutes/organization/company for providing training programmes/ workshops on the Act by MWCD does not in any way vouch for the veracity of the empanelled Institutes/organization/company. The organizations availing empanelled Institutes/ organization/ company's services for conducting training programmes/workshops are encouraged to conduct a background check to verify their antecedents.