For ages, in this patriarchal society; women have been treated as inferior to
men. They are expected to stay home, do household chores and look after the
family. In ancient India, women were provided certain rights by giving them the
title of "ardhangni" but, at the Vedic time too; when women used to stay at home
they had to suffer from social evils like Sati, parda system, etc. and their
disobedience led to punishment.
With modernisation, women are now given the right to education and step out of
their homes and work. Tough with change in time social evils like Sati pratha
etc are banned but, new times have led to new issues like rape and sexual
harassment not only on streets, public places etc but also in the workplace.
According to section 375 of the Indian Penal Code, rape is defined as:
"A man is
said to commit "rape" if he- penetrates his penis, to any extent, into the
vagina, mouth, urethra or anus of a woman or makes her do so with him or any
other person; or inserts, to any extent, any object or a part of the body, not
being the penis, into the vagina, the urethra or anus of a woman or makes her do
so with him or any other person; or manipulates any part of the body of a woman
to cause penetration into the vagina, urethra, anus or any part of the body of
such woman or makes her do so with him or any other person; or applies his mouth
to the vagina, anus, urethra of a woman or makes her do so with him or any other
person, under the circumstances falling under any of the following seven
descriptions: Against her will. Without her consent. With her consent, when her
consent has been obtained by putting her or any person in whom she is
interested, in fear of death or of hurt.
With her consent, when the man knows
that he is not her husband and that her consent is given because she believes
that he is another man to whom she is or believes herself to be lawfully
married. With her consent when, at the time of giving such consent, because of
unsoundness of mind or intoxication or the administration by him personally or
through another of any stupefying or unwholesome Substance, she is unable to
understand the nature and consequences of that to which she gives consent. With
or without her consent, when she is under eighteen years of age. When she is
unable to communicate consent."
The Constitution of India under Article 14 guarantees equal rights and
opportunities to every citizen of the country without any discrimination. Sexual
harassment at the workplace violates Section 14, Section 15, Section 19(1)(g)
and Section 21 of the Indian Constitution.
Protection against sexual harassment and the right of a woman to work with
dignity are universally recognised human rights by international conventions and
instruments such as the Convention on the Elimination of all Forms of
Discrimination against Women (CEDAW) by the Government of India on the 25th of
June 1993.
Along with sexual harassment, the victims also have to face the issues of being
blamed as the culprit, refusing to file an FIR by police officers, pressured by
family to hide and not take action, and uneasy and blaming questions like What
were you wearing? Why were you out for too long? With whom were you out? Etc.
This unacceptable behaviour of men is given acceptance by stating it as harmless
and natural male behaviour enjoyed by women. In order to curb all these issues,
the POSH Act was made and accepted by India
Evolution of the POSH Act:
Harassment in the workplace is a pervasive issue affecting the personal and
professional lives of women across the globe. In India, the POSH Act has laid
significant milestones to protect and prevent females from getting harassed. The
POSH Act is based on the Vishakha Guidelines given by the Supreme Court of India
in the Vishakha vs. the State of Rajasthan and others case.
In India, a petition for enforcing Fundamental Rights for working women was
filed in the Supreme Court of India for the first time.
The case is about Bhanwari Devi who was a social worker (Saathin) in Rajasthan.
She was employed under the Rural Development Programme of the Government of
Rajasthan. Her work included advocating social prejudices like child marriage
and promoting women's rights in rural areas. In 1992, Bhanwari Devi attempted to
prevent a one-year-old girl's marriage in a Gujjar family and as a result of her
attempt, she was assaulted and gang-raped by a group of five men of the Gujjar
community.
Bhanwari Devi sought numerous challenges in her way of justice. The
police officers were uncooperative. The medical examination was delayed and the
trial court gave its verdict acquitting the accused reflecting deep-seated
biases and prejudices against women stating and including statements suggesting
that upper-caste men would not assault a lower-caste woman.
A PIL (Public Interest Litigation) was filed in the Supreme Court against the
State of Rajasthan by five non-governmental organizations led by an organization
called Vishakha seeking judicial intervention for the enforcement of Fundamental
Rights under Articles 14, 15, 19 and 21 of the Indian Constitution. As a result
of the PIL, Vishakha Guidelines were ruled by the Supreme Court of India on
August 13, 1997. These guidelines were made as a comprehensive framework for the
protection of women against sexual harassment and served as a basis for the POSH
Act also known as the The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013
Vishakha Guidelines:
Sexual harassment is an unwelcomed sexually determined behaviour, which includes
physical contact or advances, demands for sexual favours, sexually coloured
remarks, pornography, and any other undesired physical, verbal or non-verbal
conduct of a sexual nature. It can be humiliating and can cause health and
safety problems, especially when the victim has reasonable grounds to believe
that her objection would cause a disadvantage to her in connection with her
social, personal and professional life.
Sexual harassment needs not to be a physical act instead, it is any act that
creates a hostile work environment, which includes lewd jokes, verbal abuse, and
circulating lewd rumours. This can be a single act or a chain of acts making a
pattern of behaviour comprising many such acts, and hence any act that creates a
hostile work environment is considered to be sexual harassment.
Victims should report sexual harassment at the earliest to prevent the worsening
of the situation but, the psychological stigma of reporting can be challenging,
and victims may report after a long period or the victims might not even launch
a complaint or an FIR in the police station in fear of her societal respect
being harmed. Guidelines suggest a complaint mechanism should provide time-bound
treatment, and not only within a short period.
Despite Section 376 of the Indian
Constitution stating that an FIR must be launched without any hesitation by the
police officer still, some police often refuse to lodge FIRs for sexual
harassment cases, especially if the harassment occurred recently or has the
involvement of any influential people, the police officers sometimes even ask
the victims to remain quite to prevent their dignity and respect not only this
but in some cases the officers blame the victims.
Victims must report such behaviour at the earliest and without any hesitation to
avoid psychological stigma and ensure fair treatment.
According to the Vishaka Court, the Vishaka Regulations issued under Article 32
of the Constitution shall have the force of law and should be enforced by both
the private and the public sector organizations.
The Vishaka ruling defines sexual harassment "as any unwanted sexually motivated
activity, whether done directly or indirectly and includes actions such as
making physical touch and moving forward a request or desire for sex services,
comments with a sexual overtone, putting up explicit content, any more
unpleasant verbal, nonverbal, or physical acts related to sex. Sexual harassment
in the workplace occurs when any of these acts are carried out in a way that
gives rise to the victim's reasonable fear that the conduct may be humiliating
and could pose a health and safety risk including the threat to the victim's
employment or work (regardless of whether she is receiving a salary, honorarium,
or volunteer work from the government, public sector, or private enterprise)."
Some other judgements post Vishakha Case:
Apparel Export Promotion Council vs. AK Chopra
In 1999, the Indian Supreme Court delivered an important judgement affirming the
Vishakha rules established in the Vishakha v. State of Rajasthan case, which
addressed the issue of sexual harassment in the workplace. The Vishaka case
highlights the need to provide a secure and respectful work environment for
women. At the Apparel Export Promotion Council (APEC), AK Chopra was a senior
officer who during an official trip to Mumbai was accused of harassing a female
subordinate.
He was alleged to have inappropriately made physical advancements
towards the woman irrespective of her resistance. A complaint was made against
AK Chopra to the management and an inquiry committee was called upon Chopra
where he was found guilty resulting in his dismissal from services.
Chopra challenged his dismissal In the Delhi High Court and the ruling
overturned the council's decision, citing insufficient evidence of molestation
or physical assault as traditionally defined. The High Court's ruling was based
on a narrow interpretation of sexual harassment, solely focusing on overt
physical assault.
The AEPC approached the Supreme Court of India upon the dissatisfaction of the
High Court's judgement. The Supreme Court ruled that even without physically
assaulting, Chopra's behaviour still qualified as sexual harassment because it
was unwelcome and made the complainant feel uneasy and in danger. The court
ruled that the impact on the victim is what matters and not the mens-rea (mental
objective behind the action) and thus, this explanation affirmed with the
Vishakha Guidelines and its objective was to promote awareness about sexual
harassment and to establish a safe environment at workplace.
The Apparel Export
Promotion Council vs. A.K. Chopra case is connected to the
Vishakha vs. State of
Rajasthan case in regards with the implementation and strengthening of the
principles set by the Vishakha Guidelines. These guidelines introduced a
complete structure to deal with sexual harassment at the workplace in India.
The Vishakha Guidelines imposed a duty on employers to implement preventive measures
and set up complaint mechanisms at their organisation so as to provide females a
safe working environment. The AEPC vs. A.K. Chopra case solidified these
principles by expanding the definition of sexual harassment, guaranteeing
women's right to a secure work environment.
The decision by the Supreme Court in the AEPC vs. A.K. Chopra case marked a
major advancement in combating workplace sexual harassment. The case highlighted
the importance of a safe and respectful workplace for females and imposed a duty
on employers to shield and protect their employees from all types of harassment.
Both the cases (Vishakha case and AK Chopra case) have played an important role
in influencing India's legal and social structure regarding women in the
workplace and the establishment of the "Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)."
Jaya Kodate vs Rashtrasant Tukdoji Maharaj Nagpur University
The case of
Jaya Kodate vs. Rashtrasant Tukdoji Maharaj Nagpur University, which
was ruled on by the Bombay High Court in 2014, stands out as a significant
example in the realm of sexual harassment legislation in India. This scenario
shows the difficulties and detailed procedures in handling workplace harassment,
highlighting the principles outlined in the Vishakha Guidelines.
Jaya Kodate, who filed a complaint, worked at Rashtrasant Tukdoji Maharaj Nagpur
University as an employee. She lodged a report accusing a co-worker of sexual
harassment. After she lodged her complaint, an Internal Complaints Committee (ICC)
was established under the guidelines of the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
Following an inquiry, the ICC found the accused to have committed misconduct. As
a result, disciplinary actions were recommended for the defendant.
Despite this, the defendant contested both the ICC's founding and the decisions
made by the Bombay High Court. The main argument was that the ICC's makeup did
not comply with the POSH Act, mainly because the committee did not include an
NGO representation as necessary. The defendant argued that this procedural
mistake rendered the ICC's decisions and recommendations void.
The Bombay High Court evaluated the setting up and functioning of the ICC by
considering note of the POSH Act and the key values of the Vishakha Guidelines.
The Court emphasised that procedural standards, as mandated by the POSH Act,
that originated from the Vishakha Guidelines, must be valued in order to
guarantee equal treatment and impartiality while monitoring accusations of
sexual harassment. This is because maintaining independence and objectivity
throughout the investigation depends on having an outside representative from an
NGO present.
The Court deliberated over the matter and came to the conclusion that the ICC
was not legally formed since the required foreign member was not present.
The link between the Jaya Kodate vs. Rashtrasant Tukdoji Maharaj Nagpur
University case and the Vishakha vs. State of Rajasthan case is in establishing
an effective approach for dealing with workplace sexual harassment and putting
process concepts into effect. The Vishakha case established the fundamental
rules for addressing and eliminating sexual harassment. It highlighted the
importance of an unbiased complaints board's effective operation.
The Jaya Kodate case underscores the importance of legal procedures to allow the
ICC to resolve cases of sexual harassment, it also mentions the importance of
the presence of an individual member from an NGO as mentioned in the POSH Act
and the Vishakha Guidelines for an independent and reliable enquiry.
The case of Jaya Kodate exemplifies the judiciary's efforts to uphold equity and
justice in addressing workplace sexual harassment. It highlights the importance
of following procedures, as failing to do so reduces the efficacy of the
resolution process. Along with the Vishakha case, it demonstrates the ongoing
advancement and implementation of legal norms in India to safeguard women's
rights and promote a secure working environment.
Somaya Gupta v. Jawaharlal Nehru University and Others
An effective example of other freedom squeezes for generalizing sexual
harassment in the Indian academic organization is the Somaya Gupta vs Jawaharlal
Nehru University (JNU) and Others 2011 of the Delhi High Court. This case shows
that there is a need to strictly follow procedures and Vishakha rules to create
a fair and effective way of addressing such complaints.
A woman worker, Somaya Gupta, at Jawaharlal Nehru University, reported that her
senior in office was sexually harassing her. Since the POSH Act had not been
passed yet, she filed and then an Internal Complaints Committee (ICC) was set up
to look into the allegations under the Vishakha Guidelines.
The ICC conducted a study and formed a conclusion that the accused performed the
misconduct. In this case, the committee recommended that appropriate actions
should be taken against the accused. Still, the defendant contested the findings
of the ICC and the sanctions that the University took in the process. Procedural
irregularities in the course of the inquiry and accusations of bias in the ICC
were the main causes of this challenge.
Delhi High Court revisited the case by focusing on the Administrative
problem-solving perspective of the III's investigation procedure. The Court
analysed the very consideration, namely whether the ICC complied with the
principles of natural justice and procedural fairness as accustomed by the
Vishakha Guidelines.
The Supreme Court of India in
Vishkha vs the State of Rajasthan gave certain
standard that demands the formation of a complaint committee to provide justice
and neutrality on the complaints relating to sexual harassment. Regarding
'Gender Mainstreaming,' the guidelines emphasized the establishment of awareness
of gender and a favourable environment for females in the workplace.
The Delhi High Court acknowledged the suggestions of the ICC in its decisions.
The court underlined that ICC was properly established by the Vishakha
Guidelines, which involved having an external member from an NGO to guarantee
fairness.
The Court determined that the investigation was carried out in a fair manner,
allowing the complainant and the accused to present their arguments adequately.
The link between the
Somaya Gupta vs. Jawaharlal Nehru University case and the
Vishakha vs. State of Rajasthan case is found in their compliance with the
procedural safeguards and principles of fairness outlined in the Vishakha
Guidelines. The Vishakha case provided detailed instructions for dealing with
and stopping sexual harassment in the workplace, highlighting the importance of
having a properly organized complaints committee and conducting a just
investigation process.
The case of Somaya Gupta highlights the significance of these procedural
requirements. It emphasizes the importance of the judiciary in ensuring that
reports of sexual harassment are dealt with very seriously and following
established rules. Having an external member from an NGO, as required by the
Vishakha Guidelines, was crucial in confirming the fairness and trustworthiness
of the ICC in this situation.
This case demonstrates how the Vishakha Guidelines still play a crucial role in
influencing the legal and procedural guidelines for addressing workplace sexual
harassment in India. The Delhi High Court ensured that the complainant's rights
were safeguarded and the integrity of the redressal mechanism was preserved by
following the Vishakha Guidelines.
The legal case involving Somaya Gupta and Jawaharlal Nehru University
underscores the enduring influence of the Vishakha Guidelines in guaranteeing a
secure and equitable work environment for women. It emphasizes the critical
adherence to correct procedures and the maintenance of justice in addressing
allegations of sexual harassment, thereby reinforcing the foundational
principles established in the Vishakha vs. State of Rajasthan case. This case
acts as a testament to the importance of fostering workplaces where women feel
valued, safe, and empowered to report any instance of harassment or
discrimination.
Dr. T.V. Ramakrishnan v. Kannur University
Kannur University was involved in an important case, the case of Dr. T. V. This
case describes how the courts view proscribed behaviour and the necessity of
adherence to the rules in order to create a safe and professional workplace. It
is linked to the guidelines laid down in the Vishakha vs. State of Rajasthan
case, which established the framework for addressing sexual harassment in the
workplace.
Dr. T.V. Ramakrishnan, who filed the petition, held a senior position at Kannur
University. He was accused of behaving inappropriately and harassing female
coworkers. After the accusations, the University formed an Internal Complaints
Committee (ICC) to look into the complaints, following the Vishakha Guidelines,
which were the standard for dealing with sexual harassment at work before the
enactment of the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 (POSH Act).
The ICC carried out an extensive investigation and discovered enough proof to
back up the accusations against Dr. Ramakrishnan. The committee's report pointed
out examples of unwelcome conduct and determined that the accused had breached
the standards of a respectful and secure work setting. Following the ICC's
suggestions, the University opted to enforce disciplinary measures on Dr.
Ramakrishnan, which entailed suspension and an additional investigation into his
behaviour.
Dr. Ramakrishnan disputed the conclusions of the ICC and the disciplinary
measures enacted by the University in the Kerala High Court. He claimed that the
examination procedure was unfair and partial and that the proof against him was
not enough to justify such strict punitive actions. He argued that the Vishakha
Guidelines' procedures were not adequately adhered to.
The Kerala High Court
reviewed the ICC's investigation process for procedural fairness and integrity.
The Court examined if the University followed the Vishakha Guidelines, which
require a complaints committee with a fair composition, including an external
member from an NGO for impartiality. The guidelines also stress the significance
of confidentiality, giving both parties a fair hearing, and shielding
complainants from retaliation.
The Kerala High Court affirmed the conclusions and suggestions of the ICC in its
ruling. The Court determined that the University established the ICC following
the Vishakha Guidelines and conducted the inquiry process fairly and
impartially. Having an external member from an NGO at the ICC was specifically
recognized as essential for maintaining the inquiry's credibility and
impartiality. Court pointed out that the University had reasonable grounds
basing on evidence and severity of misconduct to take the actions that it did.
How the Dr. T. V. Ramakrishnan vs. Kannur University case is connected to the
Vishakha vs. State of Rajasthan case is that the former should adhere to the
procedural safeguards and the principles laid down in case of Vishakha
Guidelines. The case of Vishakha in the Supreme Court of India in 1997 consisted
of elaborate instructions for the prevention of and protection against sexual
harassment in the workplace. Sub-requirements within these rules emphasized the
proper structure of a complaints committee, the fair and transparent procedure
of investigations, and the protection of the parties involved in the complaint
process.
From the case analysis of Dr. T. V. Ramakrishnan, it is clear that procedural
requirements are important and it is the judiciary's duty to uphold labour
complaints dealing with workplace harassment, specifically guaranteeing that
they are dealt with earnestly while following laid down practices.
Thus following Vishakha Guidelines the Kerala High Court has not only protected
the complainants' rights but also the credibility of the redressal mechanism.
Therefore, the case of
Dr. T. V. Ramakrishnan v. Kannur University shows how the
Vishakha Guidelines continue to make workplaces safer and fair for all. They
stress the necessity of adherence to correct procedures and objectivity while
handling the complaints of sexual harassment, thus corresponding to the
essentials that were outlined in the Vishakha vs. State of Rajasthan case.
POSH Act, 2013: Overview:
- The Indian government passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013 to protect women from sexual harassment and abuse at the workplace.
- It is a law that seeks to check cases of workplace sexual violence and foster workplace safety for women.
- It also seeks to increase knowledge about sexual violence and provide victims with the necessary legal solutions.
- The 2013 POSH Act mandates that organizations establish an Internal Complaints Committee (ICC) to address complaints of sexual harassment and ensure a secure workplace for women employees.
- The POSH Act is a crucial measure in guaranteeing a secure and dignified work environment for women in India.
The POSH Act, officially called The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013, is a significant law in India
that focuses on protecting the safety and dignity of women at work. It was
framed to have robust legal provisions designed to address the phenomenon of
sexual harassment at the workplace arising from the Vishakha Guidelines laid
down by the apex court in 1997.
Under the provisions of POSH Act, any establishment that employs ten or more
people must form an ICC through which complaints can be lodged systematically.
To guarantee fairness, the ICC needs a senior female staff member in charge and
external representatives from organizations supporting women's issues.
Major components of the law consist of an all-encompassing explanation of sexual
harassment, covering physical contact, requests for sexual favours, sexually
suggestive comments, displaying pornography, and any unwanted physical, spoken,
or silent actions of a sexual nature. Employers must implement preventative
actions, such as organizing educational campaigns and prominently showcasing the
Act's regulations.
The Act lays out a thorough procedure for addressing grievances, guaranteeing
confidentiality and shielding complainants from reprisal. It also enforces
consequences for failure to comply, highlighting the employer's duty to
establish a secure work setting. The POSH Act plays a crucial role in protecting
women's rights and advancing gender equality in the workplace.
POSH Act, 2013: Key Features
The POSH Act is formally called the The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act 2013 enacted in India to protect
women against workplace sexual harassment.
-
Definition of Sexual Harassment in Detail:
This Act addresses a number of behaviours that are deemed as sexual harassment and these include any of the following actions: touching, asking for sexual favours, making sexual remarks, displaying pornography, and committing other forms of sexual misconduct.
-
Formation of Internal Complaints Committee (ICC):
The employer, having more than ten employees, is bound to form and set up an Internal Complaints Committee in every office or branch. The chair of the ICC should be the head of a company and a female, and there must be one external member affiliated with an NGO or association that protects women. This guarantees a neutral and just investigation procedure.
-
LCC (Local Complaints Committee):
There is also the formation of a Local Complaints Committee which operates at the district stage to sort the complaints arising from organizations with less than ten employees or where the complaint is against the employer only.
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Preventative Steps:
Employers must be proactive in preventing sexual harassment. This involves scheduling frequent awareness initiatives, informing employees about the Act, and prominently showing the penalties for sexual harassment.
-
Procedure for Addressing Complaints:
The Act has features for how the complaints are to be handled and how the investigations are to be done. Nevertheless, it is fundamental to emphasize that the ICC needs to complete this investigation within the period of 90 days and inform the employer of that outcome, as well as of the recommendations made to him or her during the time of 60 days.
-
Secrecy and Safeguarding:
The complaints procedure incorporates confidentiality by keeping the complainer's identity and other aspects of the procedure secure. It also has protective effects for the accuser as well as the witnesses, enabling them to avoid retaliation or physical assault.
-
Consequences for Failure to Comply:
These are the consequences that the facility is likely to face in case it fails to adhere to the above requirements:
- An employer who fails to meet the clauses of the POSH Act faces prosecution and fines.
- Higher fines are frequently observed in the current society and industrial atmosphere.
- There is also the risk of withdrawal of licenses.
-
Rights of Employees and Responsibilities of Employers:
The Act clearly outlines the responsibilities of employers and the rights of employees to maintain a safe work environment that is free of sexual harassment.
The POSH Act, 2013, aims to provide a safer and fairer work environment for women by implementing these important features, guaranteeing their right to work without fear of harassment and with dignity.
Challenges in the Implementation of POSH Act 2013:
-
The POSH Act 2013 was introduced in India to protect women at workplaces from sexual harassment. For all the good intended by the Act, its operation has faced some challenges.
-
There are still regions where people's awareness of the law remains comparatively low, and it is difficult for victims to report incidents.
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Many business organizations still have no structure for dealing with grievances or policies that make employees aware of their legal remedies.
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Business entities and governments need to address the issue of organizational culture as one of the root causes of sexual harassment.
Thus, if these women receive proper education and are informed, the POSH Act
2013 can indeed protect them from sexual harassment at the workplace and ensure
their professional security.
Difference between the POSH Act, 2013 and Vishaka Guidelines:
There are, however, certain basic differences that tend to make the POSH Act of
2013 more different from the Vishakha Guidelines in terms of its legal
proposition, scope, and enforceability. While the Vishakha Guidelines were
crafted by the Supreme Court of India in 1997, POSH Act was enacted by the
Indian Parliament in the year 2013. This legal status enhances the authority of
the POSH Act and makes them mandatory for all workplaces without making them a
temporary remedy like Vishakha Guidelines.
About its extent, the POSH Act offers a more thorough structure for dealing with
sexual harassment. It clearly comprehensively outlines sexual harassment,
encompassing a range of unwelcome behaviours beyond just physical advances, such
as both verbal and non-verbal actions of a sexual nature. The law requires the
creation of Internal Complaints Committees (ICCs) in workplaces with clear rules
for how they should be set up and operated, guaranteeing a systematic way of
addressing complaints.
In addition, the POSH Act also prescribes penalties for non-compliance and thus
emphasizes the contingency by employers and preventive measures to acts of
sexual harassment. Whereas the Vishakha Guidelines also laid a decisive
foundation for the formation of general perception and approach toward workplace
harassment at least in the early stages, they did not have legal backing or
means of compulsory implementation like the POSH Act.
Conclusion:
The current law that has been working since Amendment 2013 Concerning Workplace
Harassment in India can be termed as a good hope. Originally known as the
Vishaka Guidelines which were formulated by the Indian Supreme Court in the year
1997, this law has undergone a lot of changes over the years in its attempt to
provide the framework that would protect and implement women's rights and their
dignity at the workplace.
The attempts of activists, advocates and lawmakers towards formulating the POSH
Act perfectly explain these tenacious pushes to provide safe places of work for
females. The provisions concerning workplace harassment have continuously
enhanced and developed for some time such cases as:
- Vishakha vs. State of Rajasthan
- Apparel Export Promotion Council vs. A. K. Chopra
- Jaya Kodate vs. Rashtrasant Tukdoji Maharaj Nagpur University
- Somaya Gupta vs. Jawaharlal Nehru University
- Dr. T. V. Ramakrishnan vs. Kann
There are crucial sections of the POSH Act which are as follows: The formulation
of the provision of sexual harassment; the formation of the Internal Complaints
Committees (ICCs); the preventive measures; the process of the complaints; the
punitive measures in case of non-compliance which go to show commitment from the
government in ensuring that the workplace is safe and proper, especially for
women.
Nonetheless, some obstacles are yet experienced in the attempts to enforce the
POSH Act. Lack of educational and informational materials; ineffective ways of
processing complaints in some organizational structures; the extent of the
dissemination of the organizational culture is a major question. Such issues
call for collective undertakings by the stakeholders such as employers,
employees, non-governmental organizations and government departments.
Thus, as the attempts to conduct the war against the workplace harassment
continue, POSH Act is one of the ways India has as it strives to achieve
workplace safety and gender parity. Therefore, by accumulating and enforcing
information, knowledge and awareness alongside enforcement of mutual respect and
esteem for other people it will be possible to pursue setting up conditions to
enable any man or woman practice his or her profession without any form of
harassment or discrimination.
Written By: Bhoomi Mittal, Manav Rachna University
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