The PoSH Act: Gaps in enforcement, must secure women’s work space

What’s in today’s article?

• Why in News?
• The PoSH Act (Background, objective, provisions)
• Procedure for Complaint Against Sexual Harassment at the Workplace
• News Summary Regarding SC’s Directions on the Effective Implementation of the PoSH Act

Why in News?

• Almost a decade into its enactment, the Supreme Court issued a slew of directions to ensure effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013/PoSH Act.
• This came after the apex court discovered serious lapses in the enforcement of the PoSH Act.

The PoSH Act 2013:

• Background – Vishakha v. The State of Rajasthan (1997):
  • The SC issued the Vishaka Guidelines, with the primary objective of providing a mechanism for workplace sexual misconduct redress and grievance processes.
  • These recommendations inspired the PoSH Act – a law administered by the Union Ministry of Women & Child Development (MoWCD).
• Objective of the PoSH Act:
  • It aims to protect the rights of women at work and to make the workplace a safer place for them.\
  • The legislation also functions as a forum for both avoiding and addressing problems.
• Provisions of the Act:
  • Defines sexual harassment at workplace: Unwanted sexual physical, verbal or nonverbal action is defined as physical contact and advances, demand or desire for sexual favours, making sexually tinged comments, showing pornography, etc.
  • The concept of “extended workplace”: It defines “workplace” as any site where an employee goes as a consequence of work, including transportation offered by the organisation for the purpose of travel.
  • Committees for complaints:
    • The most prominent feature of the Act is that it mandates any corporation or organisation with more than 10 employees to establish an Internal Complaint Committee (ICC) to hear and address sexual harassment allegations.
    • The MoWCD introduced (in 2017) an online platform – SHe-Box – that directs complaints to the employer or organisation’s ICC.
    • The Act mandates the District Officer to organise a Local Complaint Committee in each district where there are less than 10 workers.
  • Duties and obligations of employer:
    • It is a legal need to handle sexual harassment as a violation of service regulations.
    • If the employer fails to comply with the regulations a penalty of Rs. 50000 or it can even lead to cancellation of licence.

Procedure for Complaint Against Sexual Harassment at the Workplace:

• An aggrieved female has three months from the date of the tragedy to make a written complaint with the ICC.
  • According to the SC, the time limit can be extended if the lady is unable to submit the complaint owing to mitigating circumstances.
• Before initiating an investigation, the committee can try to resolve the matter through mediation between the women and the responder.
  • If a settlement is reached, no further investigation will be launched.
• If the proposed conciliation does not provide any results, a fresh investigation (to be concluded in 90 days) will be launched.
  • While directing the investigation, the Committee has the same authority as a civil court.
• If the ICC determines that the claim against the defendant is false, the woman may be fired.
• If the complaint is proven, the committee will recommend to the District Officer that sexual harassment be considered as improper conduct in accordance with the Act and the victim woman should be compensated.
• Any individual who is harmed by the ICC guidelines, may file an appeal with the court (HC) within 90 days of their implementation.

‹ ›

News Summary Regarding SC’s Directions on the Effective Implementation of the POSH Act:

• Background:
  • The apex court was deciding an appeal against the Bombay HC order upholding an employee’s dismissal from service on sexual harassment charges.
  • Allowing the appeal and sending the matter back to the Complaints Committee, the court flagged a report that 16 of the 30 national sports federations (including wrestling) don’t have an ICC as stipulated under PoSH.
  • This is indeed a sorry state of affairs and reflects poorly on all the state functionaries.
  • Being a victim of such a deplorable act not only dents the self-esteem of a woman, it also takes a toll on her emotional, mental and physical health.
  • Many of them are reluctant to report such misconduct and even “drop out from their job.”
  • There is the “uncertainty” over who to approach under the Act and the “lack of confidence in the process and its outcome.”
• The court issued some key directions to the Centre, states and UTs:
  • To undertake a time-bound exercise to verify whether all Ministries, Departments, Government organisations, authorities, Public Sector Undertakings, institutions, bodies, have ICCs.
  • The information regarding the constitution and composition of these committees are to be made readily available on the website of the concerned authority.
  • Immediate and effective steps by the authorities to “familiarise” committee members with their duties and the manner in which an inquiry ought to be conducted.
  • The bench directed the National Legal Services Authority and State Legal Services Authorities to organise awareness programmes to sensitise employers, employees and adolescent groups.

Q1) What is the SHe-Box?

The Sexual Harassment electronic Box (SHe-Box) is an effort of GoI to provide a single window access to every woman, irrespective of her work status, whether working in organised or unorganised, private or public sector, to facilitate the registration of complaint related to sexual harassment.

Q2) What is the National Legal Services Authority (NALSA)?

NALSA has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes.

Source: Gaps in PoSH enforcement, must secure women’s work space: SC