AUTHOR: MUSKAN ALI, IIMT COLLEGE OF LAW, GREATER NOIDA

Sometimes when a woman shows concerns about her safety and environment, people criticize her and claim that the world is not a heaven and it also has some bad people, some evil side of it which is the other side of Yin Yang. As women participation grew in the working sector, the women started to be more cautious about their safety, which became a huge issue as there was nothing to protect them at the workplace. An Act was enacted after the famous case of Visakha v. State of Rajasthan, where a ground worker was sexually assaulted while working. Certain guidelines were given by the Supreme Court of India in this case, came to be known as Visakha Guidelines, which set the foundation of the POSH Act, 2013.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as POSH Act, 2013, was enacted to ensure safe working environment for women and to prevent and prohibit sexual harassment, in India.

The simple following and adhering to the POSH Act, 2013, along with the guidelines issued by the Supreme Court to make the implementation better, is known as the POSH Compliance.  The motive behind POSH Compliance is to ensure a safe working environment for women. What is included in sexual harassment, on which workplaces POSH is applicable and what is mandatory for its compliance are mentioned in the POSH Act, 2013. 

• The Section 2(n) of the Act defines “sexual harassment” as physical contact, demand for sexual favours, sexual remarks or showing any obscene graphics, etc. in the case of Medha Kotwal Lele & Ors. v. Union of India, it was held by the Supreme Court that unwelcoming sexual-coloured conduct is also included in the definition of sexual harassment even if it is without physical contact. 

• Although the word “Workplace” has a wide meaning but the Section 2(o) has accurately defined it by including 

• any department, undertaking or unit, which is established, owned, controlled, wholly or substantially, funded by funds provided by directly or indirectly by the appropriate government or local government, or 

• corporation established under a Central Act or State Act or authority owned or controlled by government or local government, 

• any private sector or private venture, 

• hospital and nursing home, 

• sports institutions, stadium, sport complex,  

• place visited by employee, 

• a dwelling place or house, etc.

For POSH Law compliance every workplace must have an Internal Committee (IC) if the workplace has 10+ employees and this committee should have – a chairperson- senior women employee, 2 employee members, 1 external NGO/expert member, minimum 50% members should be women with tenure of 3 years, given in Section 4. If the employees are <10, there will be a Local Committee at district level which is responsible to protect domestic workers in the informal sector as per Section 6.

DUTY OF EMPLOYER

It’s the duty of the employer to conduct a regular awareness program and assist the victim in filing a criminal case if she needs any help and also help her by providing paid leave if she complaints, as mentioned under Section 19 of this Act.

PENALTY FOR NON-COMPLIANCE

If the workplace doesn’t comply with the Act, there should be consequences. The act prescribes penalties, which includes fines up to ₹50,000, higher fines for repeated violations, and cancellation or non-renewal of licenses. 

FAIR AND TIMELY INQUIRY

If there are any complaints of the female workers then inquiry must be done fairly to ensure that the accused must not face any irrelevant accusations that can harm his reputation and name in the society. The inquiry must be fair and timely. The detailed documentation must be maintained with the recorded witness statement and the digital evidence must be preserved. For the inquiry, the authorities must issue a written notice for hearings.

It is important that the proper procedure and the mentioned provisions of the Act must be adhered to. The committee should not be only on paper but also doing something for the welfare of the working women at their workplace. The Supreme Court has given directions in Aureliano Fernandez v. State of Goa, for better working of POSH Act, which are as follows: -

1. Mandating an internal committee, having trained members in inquiry and procedure.

2. Internal committee details must be displayed clearly in the workplace.

3. Orientation programs and workshops for employees.

4. Confidentiality of complaint, inquiry, complainant and accused.

5. At district level, a Local Committee must be established for proper working.

6. Annual report submitted to the district office every year.

7. Conduct of periodic audits by the government for ensuring compliance in departments, organization, and institutions.

The Act has been doing an effective work for making a safe working environment and ensuring the safety of the female working women. The flaws of the act’s implementation are efficiently improving due to the effort of our judiciary. It’s not only the duty of authority and the judiciary to secure the workplace, but the employers and fellow employees should also come together to contribute. There should be a supportive environment and it’s the responsibility of the employer to prioritize respect, gender sensitivity and inclusiveness. He shouldn’t be tolerating sexist jokes, offensive remarks and misogynistic behaviour and should be supporting women as leaders with a zero-tolerance attitude. This is the bare minimum for any working woman. The safe place and a comforting environment are already a blessing for them, don’t you think so?

1. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

2. Visakha v. State of Rajasthan AIR 1997 SC 3011 (India).

3. Medha Kotwal Lele & Ors. v. Union of India AIR 2013 SC 93 (India).

4. Aureliano Fernandez v. State of Goa (2023) 5 SCC 799 (India).