The Supreme Court of India asked a petitioner seeking the application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, or the POSH Act of 2013, in political parties to first approach the Election Commission of India.
Formation of the PoSH Act:
- Bhanwari Devi Incident (1992): A social worker in Rajasthan was gang-raped for preventing child marriage, highlighting the lack of protection against workplace harassment.
- Vishakha Guidelines (1997): The Supreme Court noted the absence of laws on workplace harassment and issued guidelines, drawing from:
- Article 15 (protection against discrimination) of the Indian Constitution.
- CEDAW norms (ratified by India in 1993).
- PoSH Act: Introduced in 2007 by the Women and Child Development Ministry, enacted on December 9, 2013, after amendments.
Key Provisions of POSH Act 2013
- Prevention and Prohibition:
- The Act places a legal obligation on employers to prevent and prohibit sexual harassment in the workplace.
- Internal Complaints Committee (ICC):
- Employers are required to constitute an ICC at each workplace with 10 or more employees to receive and address complaints of sexual harassment.
- The Complaints Committees have the powers of civil courts for gathering evidence.
- Duties of Employers:
- Employers must undertake awareness programs, provide a safe working environment, and display information about the POSH Act at the workplace.
- Complaint Mechanism:
- The Act lays down a procedure for filing complaints, conducting inquiries, and providing a fair opportunity to the parties involved.
- Penalties:
- Non-compliance with the Act’s provisions can result in penalties, including fines and cancellation of business licenses.
Significance:
- Promotes a safe and inclusive work environment, fostering gender equality.
- Encourages women’s participation in the workforce.
- Provides a formal mechanism for addressing grievances and seeking justice.
Challenges:
- Low awareness among employees, particularly in small organizations and rural areas.
- Limited enforcement and monitoring of compliance by employers.
- Fear of stigma and retaliation often deters victims from filing complaints.
Way Forward:
- Enhance awareness campaigns and training sessions to educate employees about their rights and responsibilities under the POSH Act.
- Strengthen monitoring mechanisms to ensure strict compliance.
- Create a cultural shift in workplaces to destigmatize the reporting of sexual harassment cases.
The POSH Act is a crucial step toward ensuring safety, dignity, and equality in workplaces. Effective implementation and proactive measures by organizations and authorities can help build a respectful and inclusive working environment for all.
