Date: 17/05/2023

Relevance: GS-1 and GS-2: Issues related to women, Social Issues.

Key Phrases: Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, Internal Complaints Committee, Local Committee, Annual Audit Report, strict adherence to enforcement, Vishakha Guidelines.

Why in News?

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, which was enacted in 2013, aims to address sexual harassment at the workplace.
• However, the Supreme Court of India has highlighted lapses and uncertainty in its implementation.
• The court has directed government bodies to verify the formation of Internal Complaint Committees and ensure their composition aligns with the Act.

How was the PoSH Act formed?

• The PoSH Act, or the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, was formed in response to the gang rape of Bhanwari Devi in 1992.
• To address the absence of a dedicated law, the Supreme Court issued the Vishakha Guidelines in 1997, providing temporary measures to combat sexual harassment at workplaces.
• In 2007, the Protection of Women against Sexual Harassment at Workplace Bill was introduced and enacted as the PoSH Act on December 9, 2013.
• The PoSH Act aims to prevent, prohibit, and redress sexual harassment, promoting gender equality and preserving the dignity of women employees.

How are sexual harassment, the workplace, and an employee defined under the PoSh Act?

• Sexual Harassment:
  • The acts including physical contact, sexual advances, demands or requests for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
  • Five Circumstances that constitute sexual harassment:
    1. Implied or explicit promise of preferential treatment in employment
    2. Implied or explicit threat of detrimental treatment in employment
    3. Implied or explicit threat about present or future employment status
    4. Interference with work or creating an intimidating, offensive, or hostile work environment
    5. Humiliating treatment likely to affect health or safety.
• Workplace:
  • Expanded definition beyond traditional offices to include all types of organizations across sectors.
  • Covers non-traditional workplaces and places visited by employees for work.
  • Applies to both public and private sector organizations throughout India.
• Employee:
  • Defined broadly to include all women employees.
  • Includes regular, temporary, contractual, ad hoc, daily wage employees, apprentices, interns, and even those employed without the knowledge of the principal employer.
  • All women employees have the right to seek redressal for sexual harassment in the workplace.

What are the requirements imposed on employers?

• Internal Complaints Committee (ICC):
  • Employers with more than 10 employees must establish an ICC.
  • The ICC is responsible for receiving and addressing formal sexual harassment complaints from women employees.
  • The committee must be headed by a woman and include at least two women employees.
  • It should also include another employee and a third-party member, such as an NGO worker with five years of experience in addressing sexual harassment issues.
• Local Committee (LC):
  • The Act mandates the creation of a Local Committee in every district.
  • LC receives complaints from women working in firms with less than 10 employees and from the informal sector, including domestic workers, home-based workers, and voluntary government social workers.
• Inquiries and Compliance:
  • Internal Complaints Committees (ICC) and Local Committees (LC) conduct inquiries according to the POSH Act and follow the principles of natural justice.
  • A woman can file a written complaint within three to six months of the incident to either the internal or local complaints committee.
• Resolution Process:
  • The committees can resolve the issue through conciliation between the complainant and the respondent, excluding financial settlements.
  • Alternatively, the committees can initiate an inquiry, and take appropriate action based on their findings.
• Annual Audit Report:
  • Employers must file an annual audit report with the district officer, providing details about the number of sexual harassment complaints filed and the actions taken.
• Employer Responsibilities:
  • Employers are obligated to organize regular workshops and awareness programs to educate employees about the Act.
  • They must conduct orientation programs for ICC members.
  • Failure to establish an ICC or comply with other provisions can result in fines of up to ₹50,000, with increasing penalties for repeat offenses.

Hurdles in implementation:

• Inadequate Constitution of ICCs:
  • Some organizations have not established Internal Complaints Committees (ICCs) or lack sufficient members, including mandatory external members.
• Lack of Clarity and Accountability:
  • The Act lacks clarity on accountability for enforcement, and state governments have not taken proactive measures to monitor compliance.
• Limited Access for Informal Sector Workers:
  • The law is inaccessible to a significant number of women in the informal sector, and there is a lack of awareness about the Act and complaint procedures.
• Underreporting and Power Dynamics:
  • Fear of professional repercussions and power imbalances contribute to significant underreporting of sexual harassment cases in workplaces.
• Challenges in Inquiries and Evidence:
  • ICC inquiries often rely heavily on concrete evidence, which may not be readily available in cases of sexual harassment.
• Due Process Requirements:
  • ICCs should follow principles of natural justice but with considerations for the specific dynamics of sexual harassment as a form of gender discrimination.

SC's Recent Concerns and Directions:

• Importance of Upholding Dignity and Respect:
  • The Supreme Court emphasized that the effectiveness of the PoSH Act depends on strict adherence to enforcement and a proactive approach by all stakeholders.
  • It highlighted the impact of sexual harassment on women's self-esteem, emotional well-being, and physical health.
• Ensuring a Safe and Secure Workplace:
  • The Court stated that without assuring women a safe and secure workplace, they may hesitate to step out and utilize their talent and skills.
  • It emphasized the need for authorities, management, and employers to prioritize creating a conducive work environment.
• Verification and Compliance:
  • The Court directed Union, States, and UTs to verify whether various organizations had constituted ICCs, LCs, and ICs under the Act.
  • Authorities were ordered to publish committee details on their websites and submit compliance affidavits to the Court within eight weeks.

Conclusion:

• The PoSH Act plays a crucial role in addressing sexual harassment in Indian workplaces.
• However, the recent concerns raised by the Supreme Court emphasized the need for robust implementation and stricter adherence to the Act's provisions.
• It is essential to overcome hurdles, ensure accountability, raise awareness, and create safe and respectful work environments for women.

Source: The Hindu

Mains Question:

Q. What are the hurdles to the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013? What measures should be taken for better implementation of the act?