You can tell the condition of a nation by looking at the status of its women. – Pt. Jawaharlal Nehru
Our first prime minister rightly correlated the nation’s status and its women. But if we look at India under this analogy, we are not in a better condition, since, more than 80% of women commuters faced sexual harassment, but only 1% reported it. – India Today. This is only the tip of the iceberg.
We live in a community where giving birth to a girl child is equal to becoming an anxious rich man; they are sleep deprived and extremely possessive. This possessive nature prevents women from making independent life decisions. They aren’t allowed to study further or go to different educational institutions, especially if they are far from their native towns. A study shows over 50% of women face sexual harassment in their formal workplace. A safe workplace; is where all employees are educated and well-behaved. If such is the mindset of the people working in white-collar jobs, one can imagine the conditions of women working in daily wage or blue-collar jobs.
To address a situation where half the country’s population would feel safe and confident while working and boosting gender parity, in 2013, the Indian government introduced the POSH (Prevention of Sexual Harassment at the Workplace) Act, which emphasised creating a safer environment for women at their workplace. The Act was created to protect women against any form of sexual harassment at the workplace, as well as to prevent and address incidents of sexual harassment at workplaces.
THE SCOPE OF THE POSH ACT
What is sexual harassment?
The POSH Act defines sexual harassment as any one or more of the following unwanted offensive behaviours: the making of physical advances, demanding or requesting sexual favours, making statements with a sexual undertone, displaying pornography, or engaging in any other offensive sexual behaviour, whether physical, verbal, or non-verbal. Any of the following behaviours directed towards a female employee will also constitute sexual harassment at the workplace- upon agreeing to sexual favours, promising special treatment while applying for jobs, incentives at the current job, favourable work review; upon refusal to engage in sexual favours, threats to negatively affect the female’s work; creating a hostile/intimidating/humiliating work environment that makes it difficult for the female employee to work.
Applicability of the POSH Act
Regardless of location, any workplace, establishment, corporation, educational institute, or organisation (including NGOs) that employs ten or more people must comply with the POSH Act. The Act applies to all places that meet the criteria for a “workplace.” But the idea of the workplace needs to be more specific. So the new legislation broadened the definition of “workplace” to include sports institutions, stadiums, employer-provided transportation, and any location an employee visits as part of or in connection with their employment. This included all places that are directly or indirectly connected to the employees’ primary workplaces, including working from home.
To whom does the POSH Act apply?
Any woman of any age, of any employment status (temporary/permanent/intern/volunteer/ad hoc/trainee/visitor/daily wager/employed directly or indirectly, etc.) who has faced sexual harassment at any place considered a workplace under the Act, is protected under the POSH Act. This implies that a woman can report sexual harassment at her place of employment or the perpetrator’s place of work.
A Safe Workspace with POSH Compliance
The maxim “prevention is better than cure” also applies to the employer’s obligations under the POSH Act. Several provisions that are mandatory under the said law, are as follows:
Internal POSH Policy
Every employer must ensure that they have an internal POSH policy that seeks to inform their employees/management about the prevention and redressal of sexual harassment in the workplace. The policy must expressly state what constitutes sexual harassment and make this information available to all its employees. Workplace etiquette instruction must be included in the required POSH training. While a robust organisational policy against harassment is required, it is also widely acknowledged that it must be reviewed periodically to reflect modern trends.
Internal Committee (IC)
Following the Act, every employer with ten or more employees must create an “Internal Committee”, to receive complaints of sexual harassment at the workplace, and act as a redressal body. Each committee must have a minimum of four members, including a senior female employee, two or more employees, and one External Member either from an NGO that promotes women’s rights or committed to the cause of women or anyone aware of the issues related to sexual harassment (the organization must nominate these people).
Constitution of Local Committee (LC)
Local Committees under the POSH Act are created in each Indian district, to deal with complaints of work-related sexual harassment, for females working in the unorganised sector, like house helps/maids, street vendors, etc., women working in small workplaces with less than 10 employees, or where the complaint is against someone who can be termed as an ‘employer’ even in an organisation with more than 10 employees and has its own IC (this is to remove the element of bias in the redressal process). The District Officer, who must either be a D.M., ADM, or Collector, is given the authority to establish a Local Committee (LC) in each district. Following Clause 6(2) of the POSH Act, a Nodal Officer must be appointed by the District Officer in each block, taluka, and tehsil in the rural and tribal areas, as well as every ward or municipality in the urban area, to receive complaints and forward them to the appropriate LC within a seven-day window.
Complaint Of Sexual Harassment
Within three months of the alleged incident of sexual harassment or if there are a series of incidents, then within three months of the last incident, a complaint must be filed with the IC/ LC. The deadline may be extended at the discretion of the IC/ LC, with reasonable justification.
Conciliation
Depending on the circumstances, the aggrieved woman may ask the IC/ LC to mediate the conflict with the respondent. It further emphasises that no monetary settlement will serve as the foundation for conciliation.
Training/Awareness Programmes
The organisation is mandated to conduct regular orientation and training programmes for its employees, management, and IC members, to make them aware of the nuances of sexual harassment at workplaces, and how to deal with them.
Annual Report
Organisations must submit a yearly report to the District Officer detailing the number of sexual harassment complaints they received, the number of complaints they resolved, the number of cases they had open for more than 90 days, etc. The District Officer is in charge of collating such district-wise data and forwarding it to the state government.
Penalties for Failure to Comply with POSH Act
Employers that violate POSH Act by failing to properly set up their ICs, not conducting yearly orientation for their employees, failing to file their Annual Report with the DO, etc., may be subject to a fine of ₹50,000. If an employer violates the POSH Act more than once, they will face the following penalties:
- Double the fine or a higher penalty if specified under another law for the same offense.
- Cancellation, withdrawal, or non-renewal of any registration or license necessary for conducting business or engaging in activities.
Laws that provide a sense of security to any marginalised group of its citizens create a more safe, equitable, productive and happy society, and are signs of the country’s progress.
