Section 16 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Notwithstanding anything contained in the Right to Information Act, 2005 (22 of 2005), the contents of the complaint made under section 9, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee or the Local Committee, as the case may be, and the action taken by the employer or the District Officer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner: Provided that information may be disseminated regarding the justice secured to any vicitim of sexual harassment under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.
Summary
- This section bans people from sharing confidential details of a harassment complaint or its inquiry with the public or media.
- It protects the names and addresses of the woman who was harmed, the accused person, and all witnesses.
- It keeps all details about conciliation, which means an informal process to settle the matter, and inquiry proceedings secret.
- It also hides the final recommendations of the committee and any actions taken by the employer or District Officer.
- These strict privacy rules apply despite any information rights under the Right to Information Act, 2005.
- General information about the justice secured can be shared, as long as it does not reveal anything that could identify the woman or witnesses.
Practical examples
FAQ
1. Can anyone use the Right to Information Act, 2005 to get copies of a sexual harassment complaint under Section 16 of the Sexual Harassment of Women at Workplace Act, 2013?
No, Section 16 of the Sexual Harassment of Women at Workplace Act, 2013 specifically says that its privacy rules apply despite anything in the Right to Information Act, 2005, so these files cannot be released.
2. What specific details are protected from being published under Section 16 of the Sexual Harassment of Women at Workplace Act, 2013?
Under Section 16 of the Sexual Harassment of Women at Workplace Act, 2013, the protected details include the names and addresses of the victim, the accused person, and the witnesses, along with inquiry records, recommendations, and employer actions.
3. Is it legal to share any information about the final outcome of a case under Section 16 of the Sexual Harassment of Women at Workplace Act, 2013?
Yes, Section 16 of the Sexual Harassment of Women at Workplace Act, 2013 allows sharing general information about the justice secured for the victim, provided no names, addresses, or identifying details of the victim or witnesses are revealed.
4. Does the media ban under Section 16 of the Sexual Harassment of Women at Workplace Act, 2013 apply to the employer and committee members?
Yes, Section 16 of the Sexual Harassment of Women at Workplace Act, 2013 prohibits anyone, including employers and committee members, from making these confidential details known to the public, press, or media in any manner.
Test yourself
Q1.Under Section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which of the following is permitted to be shared with the public?
Q2.How does the Right to Information Act, 2005 affect the confidentiality rules in Section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013?
Q3.Under Section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, whose identity is protected from being published or communicated?
Q4.Under Section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, what parts of the process are banned from being communicated to the public, press, or media?