All about the prevention of women from sexual harassment in the workplace
Authored By: Simran
Table of Contents
INTRODUCTION
The PoSH Act was put into effect to shield women from sexual harassment at work and to prevent it from happening, providing a safe atmosphere for them to work in. As a mandatory compliance with the PoSH Act, any organization with more than ten employees must set up an Internal Complaints Committee (ICC) in the prescribed manner to receive and handle women’s complaints of any kind of sexual harassment in a highly confidential and time-bound manner. The POSH Act is not gender-neutral; only women are eligible to register complaints.
Vishaka v. State of Rajasthan – Landmark Judgement
The historical case known as the Vishaka Judgement addresses the charge of sexual harassment of women at work. The scope of sexual harassment was established by this ruling by the highest court to include unwanted or unannounced sexual favors as well as sexual gestures directed towards the opposite gender by one gender.
Bhanwari Devi, who worked for the Rajasthan government’s rural development program, was brutally gang-raped in 1992 as a result of her attempts to end the then-pervasive practice of child marriage and assist the government’s anti-child marriage campaign. Five guys assaulted and viciously raped Bhanwari’s husband with the intention of exacting revenge on her. But because of the accused’s family’s significant political and social clout, the rapists were spared punishment, and the victim of the crime did not receive justice from the legal system.
Under the Vishaka banner, attorneys and women’s rights advocates filed a public interest lawsuit (PIL) before the Supreme Court to support the rights of working women in India. Given this severe issue, the Supreme Court recognized the legislative deficiency and recognized workplace sexual harassment as a violation of human rights under the Indian Constitution. The Supreme Court of India established the “Vishaka Guidelines” in the 1997 case of Vishaka and Others v. State of Rajasthan, which dealt with workplace sexual harassment. The court ordered that these rules be followed until appropriate legislation was introduced to address the problem.
After years in between the Supreme Court ruling in Vishaka vs. State of Rajasthan (1997) and its enactment as Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), the Ministry of Women and Child Development, however, enacted this law.
The ministry also created the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (PoSH Rules) alongside the PoSH Act to improve and streamline requirements.
ABOUT THE ACT
Moreover, it outlines safeguards against false or malicious allegations; defines what sexual harassment constitutes at work; lays out a complaints procedure. Any employer with a workforce size that is ten persons or more must have an internal complaints committee (ICC) for each office or branch. The Complaints Committees should engage in conciliation first prior to initiating probes at a complainant’s request if they are not already so doing under authority given to them by civil courts.In addition there are penalties set in case an Employer does not adhere to the requirements of this act.
The Local Complaints Committee (LCC), which will be formed by the District Officer in each district upon notification from the State Government, would allow women working in small businesses or the unorganised sector to be free from sexual harassment.Establishing an ICC is a strong signal to the industry that the business is fully dedicated to promoting the safety of women. However, it is crucial to remember that the PoSH Act requires the creation of an ICC, and failure to do so may result in severe penalties, such as the loss of the ability to operate a corporation.
SHe-Box
The Sexual Harassment Electronic Box (SHe-Box), developed by the Ministry of Women & Child Development, offers a single point of contact for all women, regardless of their employment status, to register complaints about sexual harassment, whether they are in the public or private sector, organised or not. Through this platform, any woman experiencing sexual harassment at work can file a complaint. A complaint filed using the “SHe-Box” will be forwarded immediately to the relevant authorities with the power to investigate the situation.
The J.S. Verma Committee on Workplace Sexual Harassment, 2012
After the December 2012 Nirbhaya tragedy, the Justice JS Verma committee was established, and it has now given proposals for tightening the legislation to reduce crimes against women.
The panel’s recommendations were:
- Under this section 9(1); “The Committee suggested that instead of an Internal Complaints Committee (ICC), an employment tribunal should be established.”
- In order to hasten case resolution, according to them ,the tribunal will not function as a civil court but shall be vested with powers to determine how each complaint shall be handled.
- Internal handling may constantly make it worse and result into women declining from filing such matters.
- It was right for domestic workers to be brought under the ambit of law.
- Accordingly, the Committee opined that Sexual Harassment Act is insufficient as regards Vishakha recommendations which were put up by Supreme Court in 1997 regarding prevention of sexual harassment at work place.
- Looking at any unwanted conduct on part of claimant from subjective point of view expands the concept further by Panel members on sexual harassment.
- The panel also held that sexual harassment may be considered to have occurred if an employer permitted it or created an environment where it became accepted and planned.
- Wherever an employer fails to inform employees about the company’s sexual harassment policy and how they can report suspected incidents.
- When an employer does not forward a complaint to the tribunal.
- Then, aplaintiff shall also be entitled for compensation by the business itself.
- On the other hand, Panel members were against penalizing such women because it would defeat the purpose of this law.
- In addition, panel noted that relocation must never take place without complainant’s consent and the three month period for reporting ought to be scrapped.
CONCLUSION
In order to guarantee that all employees work in harmony and are free from harassment, sexual harassment at work is a highly delicate matter that has to be addressed with the utmost care, tolerance, and understanding. As such, complaints about it must be resolved as soon as possible.
Therefore, it is imperative that the act be updated and the Justice Verma panel’s recommendations are taken into consideration.
