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Government formed panel to look into cases of sexual harassment

Why in the discussion?
The government has constituted a Group of Ministers (GOM) under the leadership of Home Minister Rajnath Singh to strengthen the legal and institutional frameworks to deal with sexual harassment cases and to prevent this.

key points 
  • The ministerial group will be chaired by the Union Home Minister, Rajnath Singh. Its members include Road Transport and Highways Minister Nitin Gadkari, Defense Minister Nirmala Sitharaman and Central Women and Child Development Minister Menaka Gandhi.
  • The Minister Group will examine the existing legal and institutional frameworks to deal with cases related to sexual harassment of women at the workplace.
  • In order to address issues relating to sexual harassment at the work place, the Minister will recommend effective action of existing provisions and necessary action to strengthen legal and institutional frameworks.
  • The Ministry of Women and Child Development has also launched an electronic complaint box (Sheel Box) which enables women to raise their voices against sexual harassment at the workplace.
  • Shi-box portal facilitates all women workers in the country, including government and private employees, to register online complaints against sexual harassment at the workplace.
  • In the complaint of ‘SHE-Box’, it is sent directly to the concerned authority who has the right to take action on the matter.
  • The government is committed to ensuring safety and dignity of women at the workplace.
  • Women’s Sexual Harassment (Prevention, Prohibition and Prevention) Act, 2013 at the workplace is an important law for preventing women’s sexual harassment at workplace, protecting them, and ensuring effective prevention of sexual harassment complaints.
  • The ministerial group will conduct investigation within 3 months under the existing provisions related to harassment and security of women and recommend necessary measures to make them more effective.
  • The Group of Ministers has been constituted in the wake of the Mee Movement, under which many women have publicly named themselves for sexual harassment at the workplace.
  • Context
    Bankruptcy and Bankruptcy Code, 2016 is a modern economic law. Under the Section 196 (1) of the Code, it is necessary for the Indian Bankruptcy and Bankruptcy Board (IBBI) to specify the necessary mechanisms for issuing rules and regulations before the notification of regulation, which includes conducting public counseling procedures. is. According to this concept and legal requirement IBBI has notified the Indian Bankruptcy and Bankruptcy Board (Procedure for issuing rules) Regulation 2018, so that the procedure for making rules and regulations and seeking suggestions from the general public can be conducted. It is notable that the regulation issued has been effective from October 22, 2018.
    The Right to Regulate the Indian Bankruptcy and Bankruptcy Board
    • Under Section 240 of the Code, the Indian Bankruptcy and Bankruptcy Board (IBBI) has been given the right to regulate. However, under these conditions, the following conditions must be followed :
    के The provisions of the Code have to be implemented. 
    ♦ Regarding the Code of Regulation and the rules made thereunder. 
    ♦ Regulation should be made through the notification published in the Official Gazette. 
    ♦ They will have to submit for 30 days in every House of Parliament as soon as possible.
    • Keeping in view the importance of subordinate laws for various procedures under the Code, it is necessary that IBBI has a systematic and robust system in which to make effective rules and regulations and to work effectively with different stakeholders.
    Rules for issuance of rules
    • In the process of issuing rules, it has been made that IBBI will upload the following on their website with the approval board’s approval to make any modification or amendment in order to seek suggestions from the general public on them:
    के On the draft of proposed rules and regulations. 
    के On the specific provision of the Code, under which the board has proposed rules and regulations. 
    ♦ About the problem which is to be resolved under the proposed regulation. 
    विश्लेषण On the economic analysis of proposed rules and regulations. 
    के Regarding the statement of the standards recommended by international standards-fixing agencies, as well as the international best practices considered relevant to the proposed regulation. 
    के About the method of implementation of the proposed rules and regulations. 
    के Regarding the ways and means of seeking suggestions from the general public, process and timetable.
    Process of regulation
    • IBBI will give them at least 21 days to invite suggestions from the general public.
    • It will look at suggestions received from the general public and upload these suggestions on their website with their usual procedure.
    • IBBI will have to complete this work even before the date of notification of rules and regulations. 
    • If the operations board decides to approve them in the opposite form of the proposed regulation, then it will have to repeat the entire process related to regulation.
    • After getting approval from the Board of Directors, the regulation should be notified immediately and generally they will have to apply after 30 days of the notification being issued, provided there is no separate date specified for their implementation.
    • However, if IBBI appears to have made certain rules and regulations, or amendments in the existing regulation are very necessary, then it can make rules and regulations related to the approval of the operating board without applying the above-mentioned consultation process. Or modify the existing regulation.
Updated: December 8, 2018 — 11:53 am

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