The Indian Sexual Harassment Act or POSH Act 2013 is a historical piece of legislation in India and is also known as The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.

Historical Context of Sexual Harassment in India

India being a patriarchal society, faces the dubious distinction of having a very deep-rooted history of sexual harassment in the society.

In old times, the women were mostly confined to the four walls of their homes, not permitted to get educated or work. There were many instances of workplace harassment, yet, the women had to keep quiet and bear the brunt as coming out in the open would tarnish their image.

The perpetrators of such acts were generally not persecuted, as there was no law to protect the sanctity of women.

Background of the POSH Act or Sexual Harassment Law

Gradually the society opened and started giving attention to educating girl child. With time, women started working in all kinds of organizations. The women in India became empowered through education and gained some foothold in the workplaces but ironically, cases of sexual harassment at workplaces were rampant and widespread.

There was a call for a strong sexual harassment law to curb these acts from all sections of the society. Here we shall examine in brief the foundations of the POSH Act, 2013 which was brought as a tool to eradicate harassment of women at workplace.

(a) Vishaka vs State of Rajasthan (1997)

The framework of this women harassment act which was termed as POSH Act was laid down in the landmark judgement by the Supreme Court in Vishaka vs State of Rajasthan (1997). Another case was of Bhanwari Devi.

Bhanwari Devi belonged to a lower caste family and lived in Bhateri, a village in Rajasthan. In 1985, she enrolled as a ‘saathin’ (friend), which is a grassroots worker, as part of the Women’s Development Project (WDP) run by the Government of Rajasthan.

As part of her job, Bhanwari Devi spread awareness amongst villagers about issues related to land, water, literacy, health, etc. In 1992, Bhanwari took up the issue of child marriage which was illegal still widely practiced in villages.

During her campaign against child marriage Bhanwari intervened and tried to stop the marriage of a nine-month-old who was the daughter of one Ram Karan Gurjar. With the help of police and officials she was successful in stopping this marriage on the due date (although it took place the very next day).

This valiant act of Bhanwari did not go down well with men of Gurjar community and she and her family faced social and economic boycott. Not stopping at this, to teach her a lesson, her husband was beaten and even her employer was roughed up. Consequently, she had to quit her work.

However, on 22 September 1992, Bhanwari Devi was brutally gang raped by five men-all belonging to the same Gurjar family whose daughter’s child marriage she had attempted to stop. The accused of men were arrested and tried in the court, but they had a lot of support from police and politicians. It was only when the print media highlighted her plight that women’s groups and other social organizations came forward to take up her case.

Despite all her efforts to get justice, on 15 November 1995, the district and sessions court in Jaipur gave its verdict by dismissing the case and acquitting all the five accused.

Disappointed women activists and lawyers filed a Public Interest Litigation (PIL) in the Supreme Court of India under the collective platform of Vishaka.  The judgment on this PIL in August 1997, for the first time, gave the basic definitions of sexual harassment of women at workplace and provided guidelines to deal with it and this resulted in what are popularly known as the Vishaka Guidelines. The main intention of the SC was to provide a platform for redressal and grievance mechanisms against workplace sexual harassment and this became the basic foundation of the POSH Act, 2013.

(b) UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), July 9, 1993

The POSH Act has taken from this convention, aspects of equality of women in the workplace, gender-specific violence, and unwelcome sexually colored behaviour and adopted them to come out with a strong legislature.

(c) Article 14, 15 & 21 of the Constitution

 The Act is grounded in these specific provisions of the Indian constitution:

• Guarantee of the right to life and liberty (Article 21)
• Right against discrimination (Article 14)
• Freedom to practice any trade or profession without hindrance (Article 19(1)(g))

Thus, drawing from these three major sources, the POSH Act 2013 was framed and came out as a powerful, protective sexual harassment law for working women of all strata.

Brief of “The POSH Act, 2013”

After 16 long years of Vishaka Guidelines, the POSH Act came into force from 9 December 2013.

The Act is a right step to ensure safe working environment for women as it requires all companies (with more than 10 employees) to constitute an Internal Complaints Committee (ICC) in the prescribed manner and to address the workplace sexual harassment complaints from women in a time-bound and confidential manner.

1) Definition of the term “Sexual Harassment”

The Act defines sexual harassment as:

a) Physical contact and advances

b) Demand or request for sexual favors

c) Making sexually colored remarks

d) Showing pornography

e) Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.

Apart from these, the Act also states that the following circumstances may constitute sexual harassment (whether implied or explicit):

a) Promise of preferential treatment in employment

b) Threat of detrimental treatment in employment

c) Threat about present or future employment

d) Creating an intimidating or offensive or hostile work environment

e) Humiliating treatment potentially endangering health or safety

(i) Types of Sexual Harassment

(A) Quid Pro Quo: Means ‘something for something’

       Ex: Promising a promotion in lieu of a sexual favor

(B) Hostile Environment: Involves unwelcome & unwanted conduct

        Ex: Spreading rumors to damage one’s reputation

(ii) What Doesn’t Constitute to Sexual Harassment

• Following-up on work absences
• Requiring performance to job standards
• Normal exercise of management rights
• Working conditions
• Constructive feedback

2) Definition of the term “Unwelcome’’ 

When the recipient does not consent or disapproves

Even if the victim does not complain, it doesn’t imply that it is welcome

Some comments are blatant & rude, inherently offensive: always deemed as unwelcome

It is important to note that as an unwelcome sexual behaviour is a subjective experience and therefore, mostly the legal analysis depends on the complainant’s perspective. In such matters the intent of the doer is unimportant; what matters is the impact on the receiver.

3) Definition of “Workplace”

Interestingly, the Act covers a very wide range for the term workplace and introduces the concept of an “extended workplace.”

The sexual harassment law or PoSH Act explains that apart from the office of the employer or employee, any place that is visited by the employee during the course of his/her employment, will also constitute a workplace and thus will be considered for cases of workplace harassment. It extends beyond this, and includes any transportation provided by the employer for the purpose of commuting to and from the place of employment too. Thus, an official event in a social setting, that is endorsed or financed by the employer, will also be deemed a workplace under the Indian sexual harassment act or the POSH Law.

4) Definition of an “Aggrieved Woman”

The Sexual harassment Law takes a wide view of an “aggrieved woman” and specifies that a woman who has been subjected to sexual harassment may of any age, whether employed or not.

Thus, it is very clear that the woman must not have to be an employee, she can even be a customer or a visitor who feels sexually harassed at any workplace, and therefore, can seek protection under POSH Law.

5) Definition of an “Employee”

In terms of the definition of an “employee” the women harassment act once again encompasses a wide range and covers regular, temporary, ad hoc employees, individuals engaged on a daily wage basis, either directly or through an agent, contract workers, co-workers, probationers, trainees, and apprentices.

6) Definition of an “Employer”

The women’s harassment act defines an employer to be any person who is responsible for the management, supervision and control of the workplace and management. It also includes a person or board or committee in an organization which is responsible for formulation and administration of policies.

Duties of Employers

The POSH Act prescribes certain duties of the employer to provide a safe working environment for persons in the workspace. Set out below are some of the duties which are required to be performed by the employers:

• Provide a safe working environment
• Display at any conspicuous place at the workplace the penal consequences of workplace sexual harassment and the order constituting the IC
• Conduct PoSH training programs from time to time to create awareness and sensitize employees at all levels
• Conduct orientation programs for the members of the ICC
• Provide necessary facilities to the members of the ICC
• Assist the aggrieved woman to secure justice under the IPC
• Monitor the timely submission of the reports by the IC

Furthermore, an employer must fulfil the following under the Rules:

• Frame and publish policies of the company related to the POSH Law on the internet giving the contact details and names of the ICC members
• Carry out programs for ICC members for capacity building and skills development
• Generate awareness among employees by use modules published by the state governments

As a best practice, since the scope of POSH Law extends beyond employees, the companies must put up POSH Law related posters in conspicuous places in the workplace like the company entrance, reception, and meeting or conference rooms. This will help deliver the message to all- like customers, consultants, etc. who visit the company premises.

Internal Complaints Committee (ICC)

The Internal Committee (IC) (originally called ICC) is the most important component of the POSH Act as on it depends the entire redressal system. Thus, the Act gives a detail of its composition, rules and regulations.

As per the Act, an employer (having 10 workers or more) is required to set up an Internal Committee for the redressal of ‘sexual harassment’ complaints. The organization’s IC shall be entrusted to regulate and administer complaints on harassment at workplace and additionally, it shall submit an annual report to its employer and the concerned District Officer.

(a) Composition of Internal Committee (IC)

The Act mandates that the Internal Committee (IC) should have a minimum of four members as under:

(i) The Presiding Officer – who should be a woman employed at a senior level at the workplace;

(ii) Two Internal Members- who should be from amongst the employees of the company and are committed to the case of women or who have had experience in social work or have legal understanding; and

(iii) One External Member- who is acquainted with the issues relating to sexual harassment and should be from a non-governmental organization or an association committed to the cause of women or a person.

The POSH Act regulations demand that all committees constituted under it must have at least 50% representation of women. The Presiding Officer and the other members of the complaints committee are required to hold office for a period of not more than three (3) years from the date of their appointment.

The company should publish and display the list of members of IC and their contact details at all prominent spaces of the workplace and on the website of the company (if any).

(b) Redressal Process

(i) A compliant of sexual harassment at workplace may be lodged by any aggrieved female to the Internal Committee in writing within three months of the occurrence of the incident. In case there is a series of incidents, then it should be filed within three months of the occurrence of the last incident.

The three months’ time limit may be extended by the Internal Committee which shall assess if there existed circumstances which prevented the aggrieved female from filing the complaint. If convinced, then an extension for a maximum period of three months shall be given to the aggrieved female for filing the complaint.

(ii) In case an aggrieved female is not able to make a complaint due to her being physically or mentally incapacitated, or death or any other reason, then the POSH Act provides that her legal heir or such other person as may be prescribed, may make a complaint.

Furthermore, a supervisor or manager is to report immediately to the IC if he/she is aware of a conduct which is inconsistent with this policy or if he/she receives any report of sexual misconduct.

(iii) The complaint should contain all the material and relevant details concerning the alleged sexual harassment, for example, name of the accused, details of the incident, place of the incident, names of witness (if any).

(iv) The Internal Committee has been bestowed with the power to settle the matter between the two parties through conciliation, if the aggrieved woman puts in a request. This route can be opted for before the initiation of an inquiry. And in such a settlement the IC must make sure that no monetary settlement has been made the basis of conciliation.

In case a settlement is arrived at, then the IC must record the details of the settlement and forward it to the management of the concerned organization. A copy of the settlement is to be provided to both- the aggrieved woman and the accused.

The Sexual Harassment law specifies that after a successful settlement has been made between the two parties, there shall be no further inquiry by the Internal Committee unless the terms of the settlement are broken or not followed by either of the two parties.

(c) Inquiry Process

The Act describes in detail the inquiry process to be followed by the IC.

(i) In the event that there is no successful conciliation, the ICC shall proceed with the inquiry under the POSH Act.

(ii) A copy of the complaint should be sent to the accused within 7 days of receipt of complaint by the aggrieved woman. The accused is required to file a reply to the complaint within a period of 10 days from the date of receipt of the complaint.

(iii) The aggrieved woman and the accused, both will be given equal opportunity to be heard, during the course of inquiry by the Internal Committee. To ensure the freedom of expression and also to provide an atmosphere free of intimidation both shall be called separately. But neither of them will be allowed to be represented by any legal practitioner until the inquiry is conducted by the IC.

(iv) Further, according to the POSH Act, 2013 at least three members from the IC must be present during the inquiry.

The inquiry proceedings must be completed within 90 days from the date of receipt of complaint, and the IC must communicate its findings and its recommendation to both the parties and the company within 10 days of the completion of the inquiry.

(v) The report of the case of harassment at workplace should contain of the following elements:

(a) description of all aspects of the complaint;

(b) description of the process followed;

(c) description of the background information and documents that support or refute claims of both the parties;

(d) an analysis of information obtained;

(e) findings; and

(f) recommendation.

(vi) The Internal Committee can terminate the inquiry proceedings or to give an ex party decision on the complaint, if either of the parties fail to present themselves for three consecutive hearings.

(vii) During the pendency of an inquiry, on a written request made by the aggrieved woman, the IC may recommend to the employer to:

(a) transfer the aggrieved woman or the accused to any other workplace; or

(b) grant leave to the aggrieved woman up to a period of three months provided that the leave granted to the aggrieved woman shall be in addition to the leave she would have been otherwise entitled.

(viii) The Internal Committee is free to adopt its own procedure for carrying out the inquiry having regard to the sensitive nature of the complaint and the respective position of the parties.

(d) Appeal

In case the aggrieved woman or the accused is not satisfied with the decision of the IC then they may go for an appeal to the appellate authority within ninety days from the date of receipt of decision of the Internal Committee. Either of them can also appeal in case of non-implementation of the recommendation of the IC.

(e) Penalty for Non-Compliance of the sexual harassment Law or PoSH Act

An employer can be subjected to a penalty of up to INR 50,000 for:

• Failure to constitute Internal Complaints Committee
• Failure to act upon recommendations of the Complaints Committee
• Failure to file an annual report to the District Officer where required
• Contravening or attempting to contravene or abetting contravention of the Act or Rules.

Conclusion

As the onus of safe campuses lies squarely on the employers of companies and organizations, most of them have started to put in sincere efforts to make the workplace safer for women.

The enforcement of the POSH Act has brought about great awareness about gender sensitization and sexual harassment and with this more and more women are coming up to complaint against it.

The strict implementation of the women harassment act has increased the level of awareness among employees and is now looked upon as a social responsibility by all to keep their premises safe.

In a recent development the forward-looking entities have started framing sexual harassment laws which cover a wider range than prescribed in the POSH Act and are keeping them gender neutral.

In fact, a safe working place is the fundamental right for all, irrespective of the gender, and by providing this an organization can ensure better productivity and profit.

Thus, to sum up we can state that prevention of sexual harassment must be the primary motive of all organizations, but if unfortunately, an employee’s modesty is outraged, then a fast and effective redressal system must be in place. By saving its workforce from sexual harassment at workplace, the organizations will be able to safeguard their reputation in the market.

The post India’s POSH Act 2013: Sexual Harassment of Women at Workplace appeared first on MUDS.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) came into force on December 9, 2013, and is framed to provide protection to women at the workplace against sexual harassment. The Act further lays down rules for the prevention and redressal of sexual harassment complaints by female workers.  

This article sets out a brief framework of the POSH Act and the rules framed thereunder.  

Every organization, public or private, having more than 10 employees, should be committed to provide a safe and congenial work environment to its employees and ensure that they are not subject to any form of sexual harassment.

Further, every entity should endeavor to create a safe and secure working environment for all persons employed or engaged by them. Every employee should enjoy a working environment that is free from all forms of harassment, including sexual harassment, unlawful discrimination, and intimidation.

While the POSH Act has been enacted for the protection of female employees from sexual harassment at the workplace, most of the entities in India have extended policies of sexual harassment to their male employees as well to be gender-neutral. 

Foundation of the Act

The POSH Act has been developed on and around these three foundations:

#1. Sexual harassment at workplaces violates fundamental rights of gender equality and right to life and liberty and the right to work with human dignity guaranteed under the Articles 14, 15, and 21 of the Constitution of India.

#2. In addition, failing to protect women against sexual harassment and not able to save their right to work with dignity went against the universally recognized human rights by international conventions and instruments such as the Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on June 25, 1993, by the Government of India. Thus, the POSH Act is an attempt to overcome these shortfalls.

#3. POSH Act is an extension of Vishakha Guidelines, 1997, introduced by the Supreme Court which had laid down guidelines for dealing with sexual harassment at workplace, pending formal legislation.

Definitions

Under the POSH Act, “sexual harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication):

(i) If a woman worker suffers physical contact and advances;

(ii) If a demand or request for sexual favors is made on her;

(iii) If sexually colored remarks are directed towards her;

(iv) If she is shown pornography; or 

(v) If she faces any other unwelcome physical, verbal or non-verbal conduct of sexual nature. 

This is not an exhaustive list as the women harassment Act i.e. POSH Act covers a wide-ranging definition of sexual harassment and therefore, in addition to these there are several more circumstances and behavior which account as ‘sexual harassment.

 (i) If a female worker faces implied or explicit promise of preferential treatment in her employment; or

(ii) If she receives implied or direct threat of adverse treatment in her employment; or

(iii) If she sees implied or obvious threat about her present or future employment status; or

(iv) If there is an undue interference with her work or circumstances designed to create an intimidating or offensive or hostile work environment for her; or

(v) If she is meted out the humiliating treatment which is likely to affect her health, mental or physical, and/or her safety.

Further, under the POSH Act, the scope of workplace includes any and all units, branches, offices, establishments of any organization, and any place visited by an employee during the course of employment including the transportation provided by such entity for undertaking such journey. 

Internal Complaints Committee

As per the POSH Act, an employer has 10 workers or more are required to set up an internal complaints committee for the redressal of ‘sexual harassment’ complaints at such entity and to regulate and administer complaints on sexual harassment. An Internal Complaints Committee is required to be constituted which shall submit an annual report to its employer and District Officer. 

In the event an entity does not constitute an Internal Complaints Committee due to having less than 10 workers, every District Officer is required to constitute in the district concerned, a committee to be known as the ‘Local Committee’ to receive complaints of sexual harassment from such organizations. In addition, they also take up cases of sexual harassment where the complaint is against the employer himself and domestic workers. 

• Constitution

The Internal Complaints Committee (ICC) should have a minimum of four members as mentioned under:

(i) The Presiding Officer – who should be a woman employed at a senior level at the workplace;

(ii) Two Internal Members- who should be employees from the workplace who are committed to the case of women or who have had experience in social work or have legal understanding; and 

(iii) One External Member– who is acquainted with the issues relating to sexual harassment and should be from a non-governmental organization or an association committed to the cause of women or a person.

The Local Complaints Committee should have the following members nominated by the District Officer:

(i) The Presiding Officer/ Chairperson – nominated from amongst the eminent women in the field of social work and committed to the cause of women;

(ii) Two Members – nominated from amongst NGOs/ association/ persons committed to the cause of women or familiar with the issues relating to sexual harassment, provided that: (a) at least one must be women, and (b) at least one must have a background of law or legal knowledge;

(iii) One member – nominated from amongst the women working in the block, talk or tehsil or ward or municipality in the district; 

(iv) Ex officio member – the concerned officer dealing with social welfare or women and child development in the district. 

All committees constituted under the POSH Act must have at least 50% representation of women. The Presiding Officer and the other members of the complaints committee are required to hold office for a period of not more than three years from the date of their appointment. 

The list of members and their contact details should be published and displayed at the workplace as well as on the website of the company (if any). It is advisable to display such a list at a prominent place in the workplace.

• Redressal Process

(i) A complaint of sexual harassment may be lodged by any aggrieved female to the Internal Complaints Committee in writing within three months of the occurrence of the incident and in case of a series of incidents, within three months of the occurrence of the last incident.

The said time limit may be extended by a maximum period of three months with reasons to be recorded in writing by the complaints committee if it is satisfied that there existed circumstances that prevented the aggrieved female from filing the complaint.

(ii) If an aggrieved female is not able to make a complaint due to her being physically or mentally incapacitated, or death or any other reason, then the women harassment Act provides that her legal heir or such other person as may be prescribed, may make a complaint.

Furthermore, a supervisor or manager is to report immediately to the ICC if he/she is aware of conduct which is inconsistent with this policy or if he/she receives a report of conduct inconsistent with this policy.

(iii) The complaint should contain all the material and relevant details concerning the alleged sexual harassment including the name of the contravener, details of the incident, place of the incident, names of witness (if any). 

(iv) The Internal Complaints Committee has the power to settle the matter between the aggrieved woman and the contravener through conciliation, at her request. This can be done before initiating an inquiry but the ICC has to make sure that there is no monetary settlement that has been made as a basis of conciliation.

If a settlement is arrived at, the ICC needs to record the details of the settlement and forward it to the management of the concerned organization in order to take action as specified in the recommendation. A copy of the settlement is to be provided to both- the aggrieved woman and the accused.

After a successful settlement has been made between the two parties, no further inquiry shall be conducted by the Internal Complaints Committee unless the terms of the settlement are broken or not followed by either of them. 

• Inquiry Process 

(i) In the event that the aggrieved woman does not want to proceed with the conciliation process, the ICC will proceed with the inquiry under the POSH Act.

(ii) A copy of the complaint should be sent to the accused within 7 days of receipt of the complaint by the aggrieved woman. The accused is required to file a reply to the complaint along with his list of documents, names and addresses of witnesses within a period of 10 days from the date of receipt of the complaint by the contravener. 

(iii) The aggrieved woman and the accused, during the course of an inquiry by the Internal Complaints Committee, will be given equal opportunity to be heard. The two of them shall be called separately, this has been proposed to not only to ensure the freedom of expression but also to provide an atmosphere free of intimidation. But neither of them will be allowed to be represented by any legal practitioner until the inquiry is conducted by the ICC. 

(iv) The inquiry should be conducted in the presence of at least three members from the ICC. Further, according to the POSH Act, the inquiry proceeding is required to be completed within 90 days from the date of receipt of the complaint, and communicate its findings and its recommendation to the parties and the company within 10 days of completion of the inquiry. 

(v) The report should contain the following elements:

(a) description of all aspects of the complaint;

(b) description of the process followed;

(c) description of the background information and documents that support or refute claims of both the parties;

(d) an analysis of information obtained; 

(e) findings; and

(f) recommendation.

(v) The Internal Complaints Committee has the right to terminate the inquiry proceedings or to give an ex-party decision on the complaint, if either of the parties fails, without sufficient cause, to present themselves for three consecutive hearings convened by the presiding officer. 

(vi) During the pendency of an inquiry, on a written request made by the aggrieved woman, the Internal Complaints Committee may recommend to the employer to:

(a) transfer the aggrieved woman or the accused to any other workplace, or

(b) grant leave to the aggrieved woman up to a period of three months provided that the leave granted to the aggrieved woman shall be in addition to the leave she would have been otherwise entitled.

(vii) The Internal Complaints Committee is free to adopt its own procedure for carrying out the inquiry having regard to the sensitive nature of the complaint and the respective position of the parties. 

• Disciplinary Action

(i) Upon investigation, if it is found that the complaint is false or filed with malafide intentions, appropriate disciplinary action may be taken against the aggrieved woman.

(ii) Where the Internal Complaints Committee arrives at the conclusion that the allegation against the contravener has been proved, he will be subject to disciplinary action such as:

(a) written apology, warning, reprimand or censure;

(b) withholding of promotion;

(c) withholding of pay rise or increments; 

(d) termination of service;

(e) undergoing a counseling session;

(f) carrying out community service;

(g) any other action specified in the policy relating to the prevention of sexual harassment adopted by the organization.

• Compensation to be determined on the basis of:

(a) The mental trauma, pain, suffering and emotional distress caused to the aggrieved employee; 

(b) The loss of career opportunity due to the incident of sexual harassment; 

(c) Medical expenses incurred by the victim for physical/ psychiatric treatment; 

(d) The income and status of the alleged perpetrator; and 

(e) Feasibility of such payment in a lump sum or in installments.

In the event that the respondent fails to pay the aforesaid sum, the Internal Complaints Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned district officer.

• Appeal

In case the aggrieved woman or the accused is not satisfied with the decision of the ICC or in case of non-implementation of the recommendation of the Internal Complaints Committee, such person may prefer an appeal to the appellate authority notified under Section 2 (a) of the Industrial Employment (Standing Orders) Act, 1946 within ninety (90) days from the date of receipt of a decision of the complaints committee. 

Read Also: Composition and Duties of ICC

Duties of an Employer

The POSH Act prescribes certain duties of the employer to provide a safe working environment for persons coming in contact with the workplace. Set out below are some of the duties which are required to be performed by the employers:

(i) Formulate an internal anti-sexual harassment policy for prohibition, prevention and redressal of sexual harassment, promote gender-sensitive safe spaces and remove factors that contribute towards a hostile work environment against women;

(ii) Use modules and reports prepared by the State Governments to conduct workshops and posh awareness training for sensitizing the employees with the provisions of this Act;

(iii) Display the penal consequences of sexual harassment through posters, boards, etc. at prominent places in the workplace;

(iv) Maintain a proactive awareness program upon joining and thereafter at regular intervals to educate the employees as to the definition of sexual harassment and procedure for redressal and orientation program for the members of the complaints committee;

(v) Assist in securing the attendance of contravener, and witnesses before the complaints committee;

(vi) Ensure that the aggrieved woman or its witness is not punished by discharging, transferring, dismissing, or otherwise for any misconduct, as a consequence of the complaint;

(vii) Provide full assistance to the aggrieved women if she chooses to file a complaint in relation to the offense under Section 509 of the Indian Penal Code or any other law for the time being in force;

(viii) Monitor timely submission of reports by the Internal Complaints Committee;

(ix) Treat sexual harassment as misconduct under the service rules and initiate action for such misconduct. 

Read Also: POSH for Internal Complaints Committee Members

Annual Report

The Internal Complaints Committee is required to prepare an annual report at the end of the financial year. It is the responsibility of the Presiding Officer to ensure a full account of the committee’s activities during the previous year is recorded and forward a copy thereof, to the employer and/ the district officer. The annual report prepared by the ICC shall have the following details:

(i) number of complaints of sexual harassment received in the year;

(ii) number of complaints disposed of during the year;

(iii) number of cases pending for more than ninety days; 

(iv) number of workshops or awareness program carried out against sexual harassment;

(v) nature of action taken by the employer or district officer.

Confidentiality

Each organization should acknowledge the sensitivity of the complaint and take steps to ensure that all matters including any complaints made and investigations conducted are handled in the strictest of confidence and sensitivity as confidential to the extent possible or practical under the circumstances. 

However, information may be collected and disclosed regarding any victim of sexual harassment under the women harassment Act (POSH) who has secured justice but without disclosing the name, address, identity, or any other particulars which may inadvertently lead to the identification of the complainant and/or the witness/es.

Every employee involved, whether making a complaint or involved in any investigation, shall be required to observe a high level of confidentiality that is required. 

If any person breaches the provisions of confidentiality under the POSH Act, the employer shall recover a sum of INR 5,000 (Indian Rupees Five Thousand) as a penalty from such person. 

Penalty for Non-Compliance of the provisions of the POSH Act

Every employer shall be punishable with a fine which may extend up to INR 50,000 (Indian Rupees Fifty Thousand) for the following:

(i) employer fails to constitute an Internal Complaints Committee;

(ii) employer fails to take action in relation to the inquiry report, false or malicious complaint and false evidence and reporting the number and details of the complaints; and 

(iii) contravention or attempt to breach the provisions of the POSH Act.

Conclusion

The positive impact of the POSH Act as an effective legal recourse for women facing sexual harassment in the workplace is visibly seen in the continuously rising numbers of complaints of such cases every year.

As the cases reported of sexual harassment at workplace jumped up almost 54% in 2018 and 14% in 2019, there was a concern on the part of people in general but the industry experts point out that this increase in reportage is a healthy indicator.

It points to a greater awareness among women about legislation on sexual harassment at the workplace as all organizations have implemented the recommendations and provisions described under the POSH Act, 2013.

“Women are more prompt these days to report any case of sexual misconduct and it is the responsibility of organizations to take speedy action,” said Suresh Tripathi, vice president, human resource management, Tata Steel, “Prompt action by organizations will act as a deterrent for others, and it will encourage women to come out and report,” he said, adding, “Increased reporting is good to start with as it means there is more awareness. It (such cases) will plateau and start coming down…”

Way Forward

As the onus of safe campuses lies on the companies and organizations, most of them have started to put in sincere efforts to make the workplace safer for women.

But the sexual harassment of women at the workplace must be seen as a social problem and therefore, all factions of society must join hands to overcome this problem. 

We need not only to create awareness but also have the obligation to sensitize both genders about its ill-effects on individuals in particular, and society in general.

A healthy workplace shall ensure greater productivity and job satisfaction for all.

The post A brief analysis of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 appeared first on MUDS.