You should read The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (click here for the annotated version). But here are a few important points.
The Act
It covers all women, across formal and informal employment, including clients, customers, domestic workers, contractual employees, volunteers, probationers, trainees, and interns.
It covers all kinds of workplaces, including non-traditional ones (for example those that involve telecommuting), places visited for work, and transport provided for work.
Demanding or requesting sexual favours is not the only kind of sexual harassment the Act recognises; also included: unwelcome physical, verbal or non-verbal conduct of sexual nature, showing pornography, physical contact or advances, and making sexually-coloured remarks.
Organisations with more than 10 employees must have an Internal Complaints Committee, headed by a senior woman employee, including at least two other employees ‘committed to the cause of women’ or with social work or legal knowledge, and at least one non-employee from an NGO or other body working for women’s causes or familiar with issues relating to sexual harassment. If not, the employer can be fined up to ₹50,000.
Internal or Local Committees must submit an annual report to the employer and the District Officer.
State governments must monitor implementation of the Act and maintain data of cases filed and disposed of. The Centre gets involved only with workplaces established, owned, controlled or substantially funded by the Central Government or a Union Territory administration.
Law enforcement
A woman who has experienced harassment can directly lodge a complaint with the police, who would register it as ‘outraging of modesty’ under the Indian Penal Code.
The police cannot act of their own volition. Cases of sexual assault or harassment require the victim’s involvement in the investigation. Her statement, and medical examination in cases of rape, are the most crucial pieces of evidence in such cases.
It is mandatory for police personnel to register an FIR. Any delay results in departmental action.
Once a victim files an FIR, investigating officers have strict instructions to ensure speedy action.
A victim’s statement is always recorded by a woman officer, or by a male officer in the presence of a woman constable.
Instructions have been issued down the ranks to not let bias get in the way of the investigation
If the investigation finds that the victim had approached her employer’s Internal Committee, and that the IC did not do its job, both company management and IC members are liable for penal action. Not having an IC, too, is a crime; the police can take action against companies.