Section 10 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- (1)The Internal Committee or, as the case may be, the Local Committee, may, before initiating an inquiry under section 11 and at the request of the aggrieved woman take steps to settle the matter between her and the respondent through conciliation: Provided that no monetary settlement shall be made as a basis of conciliation.
- (2)Where settlement has been arrived at under sub-section (1), the Internal Committee or the Local Committee, as the case may be, shall record the settlement so arrived and forward the same to the employer or the District Officer to take action as specified in the recommendation.
- (3)The Internal Committee or the Local Committee, as the case may be, shall provide the copies of the settlement as recorded under sub-section (2) to the aggrieved woman and the respondent.
- (4)Where a settlement is arrived at under sub-section (1), no further inquiry shall be conducted by the Internal Committee or the Local Committee, as the case may be.
Summary
- Before starting a formal inquiry, the committee can take steps to settle the matter through conciliation, which means a mutual compromise or resolution.
- Conciliation can only be initiated if the aggrieved woman explicitly requests it.
- The law strictly prohibits making any monetary settlement the basis of a conciliation agreement.
- Once a settlement is reached, the committee must record the details and forward them to the employer or District Officer to take action.
- The committee must provide official copies of the recorded settlement to both the aggrieved woman and the respondent.
- No further inquiry or investigation can be conducted by the committee once a conciliation settlement is officially reached.
Practical examples
FAQ
1. What is conciliation and who can request it under the 2013 Act?
Under Section 10 of the Sexual Harassment of Women at Workplace Act, 2013, conciliation is an informal process to settle the matter before starting an inquiry, and it can only be initiated at the specific request of the aggrieved woman.
2. Can money be paid to settle a complaint through conciliation under the law?
Under Section 10 of the Sexual Harassment of Women at Workplace Act, 2013, no monetary settlement can be made as a basis of conciliation.
3. What happens after a conciliation settlement is successfully reached?
Under Section 10 of the Sexual Harassment of Women at Workplace Act, 2013, the committee records the settlement, provides copies to both parties, forwards it to the employer or District Officer for action, and stops all further inquiry.
4. Who must the committee notify once a conciliation settlement is recorded?
Under Section 10 of the Sexual Harassment of Women at Workplace Act, 2013, the committee must provide copies of the recorded settlement to the aggrieved woman and the respondent, and forward the recorded settlement to the employer or the District Officer.
Test yourself
Q1.Under Section 10 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, who has the exclusive right to initiate the conciliation process?
Q2.Under Section 10 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which of the following is strictly prohibited during the conciliation process?
Q3.Under Section 10 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, once a conciliation settlement is recorded, what must the committee do with the record?
Q4.Under Section 10 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, what is the effect of a completed conciliation settlement on the complaint?
Q5.Suppose an aggrieved woman files a complaint under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and subsequently requests conciliation under Section 10. If a settlement is recorded but the respondent fails to comply with its terms, what is the next step according to the Act?