"POSH ACT-2013 & ITS USEFULNESS FOR VALUERS"

“PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE”

POSH ACT-2013

AUTHOR: DOLCY & ADV. VISHAKHA GUPTA

A woman is the creator of human life; she is its genesis. She is the regarded to be divine, creative, nurturing and supportive. But she also experiences all forms of violence, from birth to death. Women’s perceived inferiority in sex and gender may be the primary driver of crime against them. Both inside the home and outside, men abuse women with impunity. Sexual harassment of women at work is one such offence that has been uncovered and recognised in the last two or three decades.

Before 1997, the situation was very different. At that time, section 354 of the Indian Penal Code required women who had experienced sexual harassment to file a complaint. Yet, IPC regulations left it up to police officers’ discretion as to what outraging women’s modesty meant. It necessitates change. And the savage gang rape that took place at an NGO’s office in Rajasthan in the 1990s served as the impetus for a change in the culture surrounding sexual harassment, particularly at work.

In the ruling of Vishaka v. state of Rajasthan, the Hon’ble Supreme court of India acknowledged workplace sexual harassment for the first time ever. SC noted that there is now no regulation in place to safeguard women and to provide them with a secure workplace. So, the need for adequate and workable regulations to handle sexual harassment was brought to the attention of the hon’ble court.

Now, let’s look into how the law protecting women from sexual harassment in India has evolved over the last two decades.

The Supreme Court of India established standards for establishments to adhere to while handling allegations of sexual harassment in its landmark case from 1997. And the court ruled that these rules had to be followed up until the problem was addressed by legislation. Yet it’s ironic that the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (“POSH Act”) and POSH rules were passed 16 years after the Vishaka judgement.

The POSH Act, 2013 enacted on the lines of Vishaka’s verdict and the related post judgements of SC. The overarching principle that women should not be sexually harassed is laid out in this particular act. The POSH Act’s definition of sexual harassment is sufficiently inclusive to cover both overt and covert sexual behaviour, including expressions through physical contact, verbal abuse, and even written communication. The recipient doesn’t desire or welcome it in any case, which is one of the main traits that distinguishes this behaviour.

The establishment of a grievance forum constitutes yet another essential component of this Act. Additionally, it requires the employer to set up an internal committee in each office to hear and handle sexual harassment claims. Nonetheless, ten or more workers are required as a minimum to form this committee.

The Act also mentions significant penalties for non-compliance for employers who fail to form an internal committee. A monetary fine of up to 50,000 INR will be imposed on the employer. And if it happens again, there might be criminal repercussions.

Sexual harassment has not been stopped and is continuing to spread, which is an undeniable fact. As we all know, prevention is better than cure, therefore despite the POSH Act’s necessary requirements, the burden of preventing sexual harassment falls on the employer; thus, workplace regulations can be the most effective instrument for preventing it. The best method to stop it is to make sure it never happens, thus it is the responsibility of the employer to provide a secure workplace, handle sexual harassment as a form of misbehaviour in accordance with service rules, and take appropriate disciplinary action.

Its apparent ignorance is one of the major difficulties in adopting it. As a result, it is also the responsibility of the employer to aid the aggrieved woman if she prefers to submit a complaint in regard to the offence.

ABOUT THE AUTHORS