Even though the Act provides that companies which fail to comply with the requirements of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("Act") can face a penalty upto Rs. 50,000 in fine and repeat offenders can have their business/trade licenses cancelled, it appears that many companies have till date not complied with this mandate.
As a result of the same, as we had discussed in our blog dated 25 March, 2015 (https://indianwomenandlaw.blogspot.in/2015/03/union-governments-response-to-india.html) taking cue from the Business Standard article (https://www.business-standard.com/article/news-ians/maneka-writes-to-india-inc-on-s*xual-harassment-committees-115032001006_1.html), the Union Ministry of Women and Child Development had asked leading business chambers including ASSOCHAM, FICCI, CII, etc. to submit monthly compliance report with respect to action taken by private sector companies towards implementation of the Act including setting up of an ICC.
In spite of taking the above measures it seems that companies have still remained non-compliant. Therefore, in order to ensure compliance with the Act, (as reported by the Economic Times), the Ministry Women and Child Development has written to the Ministry of Corporate Affairs asking it to issue a notification making constitution of an ICC a mandatory disclosure under Section 134 of the Companies Act, 2013. As of now there is no news of Ministry of Corporate Affairs issuing a notification to that effect.
Note: For legal commentary, sample forms and compliance related details on the law of s*xual harassment at workplace, you can refer to the Book, 'Handbook on the Law of Sexual Harassment at Workplace', by Shivangi Prasad and Attreyi Mukherjee. You can also visit our facebook page for daily updates on this law: https://www.facebook.com/Handbook-on-the-Law-of-Sexual-Harassment-at-Workplace-1511889139063958/?ref=aymt_homepage_panel and read more on our blog: https://indianwomenandlaw.blogspot.in/
