The right to work was something that women used to struggle for. Thankfully, this fact remains our history today. Regretfully, things aren’t any better right now either. Women not only faces domestic violence but also faces sexual assault in the workplace. The appalling rates of crime against women in our nation attest to the difficulty and women still lead uncertain lives today. Workplace violence against women occurs in every nation on the planet and can take many different forms, such as bullying and sexual harassment. All industries and professions are impacted, but women in poverty are especially affected since they are more prone to be exploited.
When considering all working women and the situation of sexual crimes against women as a whole, it is clear that strict regulations by themselves are insufficient. The masses’ moral mindsets need to be changed, and this can be achieved by using awareness and instruction. Strong and strict regulations are unquestionably required because the current ones have shown themselves ineffective in providing prompt justice and suitable punishment for those found guilty. However, a radical shift in Indian men’s attitudes and conscience is actually needed right now in order to cease viewing women as the housekeepers.
The current study aims to address the issues that working women encounter at work, in order to deal with the issues related to the sexual harassment of women at workplace and to bring awareness and the measures to improve the security for working women through “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” was enacted.
Introduction
Women are the backbone of any primarily shaping future of the country. In earlier days, women were meant for domestic work only; they were not supposed to go outside their houses to work. However, the situation has changed and it is somehow different compared to the past. The women had shown interest in working to be independent. In recent years the workforce of women in the night shifts across various organizations has been increasing. Meanwhile the safety and security concerns also arouse where the women in night shifts are becoming the victims of sexual harassment and violence. In order to address these issues, a legislation called “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” has introduced. It aims to provide protection to women at the workplace by strengthening the security in night shifts.
Origin
The Act traced its origin from the case “Vishaka & Ors” vs “State of Rajasthan & Ors” [(1997) 6 SCC 241]. In this case, Bhanwari Devi, a social worker was gang raped in 1992 for stopping a child marriage. The Supreme Court of India in a petition filed by Vishaka, an NGO and others laid down certain guidelines to prevent sexual harassment at workplace. The court held that sexual harassment at workplace is a violation of women’s fundamental rights under article 14, 15 and 21 of the Indian Constitution. Hence, the guidelines laid by the Supreme Court are known as Vishaka Guidelines which are enforced at the workplace.
Further, in “Medha Kotwal Lele” vs “Union of India” [(2013) 1 SCC 311]. The petition was filed for the effective implementation of Vishaka Guidelines. The Supreme Court directed the states to adopt mechanism in order to prevent sexual harassment
Hence, the result of these judgements had laid to the enactment of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 which is popularly known as POSH ACT. It came into force from 9th December 2013.
Research Methodology
The study used a mainly review strategy to address the safety of female employees in light of the harassment and violence they had experienced for years at work and while returning home.
Secondary data and a literature review served as the primary sources of information for this investigation. Newspaper articles, books, research papers, diagnostic study and survey results, and other publications have been surveyed for this research project.
Objectives Of The Act
- To provide protection to the women from the sexual harassment at workplace.
- Prevention and Redressal of complaints of sexual harassment
- To protect the Fundamental Rights of women under Article-14, 15, 21 and 39(d)
- To eliminate all kinds of discrimination against
Key Provisions Of The Act
- Sexual Harassment [Section 2(n)]
Any unwelcome behaviour/act either directly or indirectly such as
- Physical contact/ Physical Advance
- A demand or request for sexual favour
- Making sexually abused remarks
- Showing pornography
- Other unwelcomed physical, verbal, non-verbal conduct of sexual harassment.
- Workplace [Section 2(o)]
Workplace includes any department, organization, branch, institution, office, undertaking, government unit which is owned, controlled, financed, established either directly or indirectly by appropriate government / local government / government / company/ corporation / co-operative. Any private sector organization, NGO, private venture etc.., conducts commercial, vocational, industrial, health, finance activities. Hospital, Nursing home, sports stadium, club, dwelling houses etc. - Internal Complaints Committee (ICC) [Section 4]
The Act mandates the formation of an ICC in every organization with 10 or more employees for receiving and investigating complaints of sexual harassment. - Local Complaints Committee (LCC) [Section 5]
The Act provides for the establishment of a Local Complaints Committee. It functions at the district level with fewer than 10 members. This Committee is constituted by the District Officer. It deals with the matters of sexual harassment if the complaint is received against employer or if an organization does not provide for the formation of Internal Complaints Committee (ICC)
Night Shift Provisions
The Act requires employers to ensure that women working in night shifts (between 7pm to 6am) are provided with adequate security measures, including transportation facilities.
Implementation And Compliance
- Employer’s Responsibilities
Employers are required to set up an ICC, they should conduct awareness and training initiatives. Sufficient security measures must be implemented for the women working in their organization. It is the responsibility of an employer to provide a safe working environment. - Employee’s Rights
Employees are entitled to seek compensation and redressal by submitting complaints to the ICC and LCC - Penalties for Non-Compliance
Non adherence to the provisions of the act by employers, results in penalties including fines and imprisonment.
Amendments
In 2016
- Internal Committee (IC)
The Internal Complaints Committee has changed the name to Internal Committee to address both sexual harassment complaints and prevent such kind of acts. - Local Committee (LC)
Local Complaints Committee has changed the name to Local Committee has been substituted to Local Committee, to ensure that the Committee not only receive complaints but also publicize the POSH ACT
In 2017
The definition of “Aggrieved Woman” has expanded to include students, research, scholars and patients.
In 2018
On the request of the Ministry of Women & Child Development, the Ministry of Corporate Affairs has amended the Companies (Accounts) Rules, 2014. It includes the statement which mandates the companies to comply with the provisions relating to the establishment of Internal Committee (IC) under the Sexual Harassment Act.
Expansion of the concept “Workplace”
The term “Workplace” also includes any place visited by the employee during the course employment
In 2019
The Ministry of Women and Child Development has developed an online compliant management system known as “The Sexual Harassment Electronic Box” for requesting complaints related to sexual harassment of women at workplace.
In 2020
Online Complaints and Appeals
Provisions of Online Complaints and Appeals have been introduced.
Increase in Penalty for false complaints
The Penalty for false complaints has been increased from Rs. 10,000 to Rs. 50,000
Important Judgements
Vishaka & Ors vs State of Rajasthan & Ors
Bhanwari Devi, a social worker in Rajasthan was gang-raped for preventing a child marriage. An NGO named Vishaka was formed and filed a PIL in Supreme Court on behalf of her. The Supreme Court held that Sexual Harassment at workplace is a violation of women’s right to equality, life and liberty under Articles 14, 15, and 21 of the Indian Constitution. The Court laid down guidelines to prevent and address sexual harassment at the workplace known as the “Vishaka Guidelines.”
Medha Kotwal Lele vs Union of India
Medha Kotwal Lele, as coordinator of Aalochana, a centre for documentation and research on Women’s rights, wrote a letter, which highlights the increase in sexual harassment cases and ineffective implementation of Vishaka Guidelines. The letter was converted into a petition and was filed in the Supreme Court. The court held that all the states and Union Territories should implement the Vishaka Guidelines effectively to ensure a safe working environment for women. The court further mandated the formation of a complaints committee and protection of women’s rights at the workplace. |
Poornima Advani vs Union of India
In this case, the Delhi Court held that the POSH Act applies to Government organizations and all the offices and the workplace of the government should constitute Internal Committee to address sexual harassment complaints.
ICICI Bank vs Vinod Kumar
In this case, it was held that employers cannot escape from the liability of sexual harassment merely by claiming that the perpetrator was not an employee of the organization but a third party or contractor.
Current Scenario Of Posh Act
On February 2, 2024, the Rajya Sabha has issued “The Sexual Harassment of Women at Workplace Amendment Bill, 2024.’’in the parliament to further amend “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressed) Act, 2013.” The amendment bill seeks to omit Section-10 i.e., Conciliation process and to extend the period of filing complaint from 3 months to 1 year.
Significance Of The Act In Strengthening The Security Of Women In Night Shifts
The statute raises awareness among employees and ensures a respectful and safe workplace environment.The act addresses the employer’s obligation to provide secure transportation for pickup and drop off. Safe and hygienic restrooms should be provided. It refers to the need for an Emergency Response System , CCTV Camera Installations and other safety precautions. The POSH Act enables the aggrieved woman to file complaints regarding Sexual Harassment.
Conclusion
As per a survey conducted by Stratefix Consulting and National Human Resource Development (NHRD), only 8% of respondents are aware of POSH Policy. 37% of respondents mostly women experience sexual harassment at workplace in someway. 45% encountered Verbal remarks of sexual nature. Achieving gender equality and strengthening women in the workforce depend heavily on the issue of women’s safety in the workplace, especially when working night shifts. A legislative framework to address and reduce the danger of sexual harassment of Women at Workplace.
In conclusion, the Sexual Harassment of Women at Workplace Act, 2013 offers a strong basis for safeguarding women in all workplaces; nonetheless, its complet implementation necessitates a coordinated effort from employers, workers, and the government, especially for those who work night. Workplaces can be made safer by enforcing stringent compliance, improving security measures, raising awareness, and guaranteeing accountability. This would enable women to work with confidence and without worrying about harassment. In addition to upholding legal requirements, this holistic approach will support a workplace culture that values women’s equality, respect and dignity.
By Rathod Shivam Dilipbhai And Vaghela Shahin Bhaveshbhai from 3rd Year LL.B. (Hons.), Faculty of Law, The Maharaja Sayajirao University of Baroda, Vadodara.
