Safeguarding Women Against Sexual Harassment under the POSH Act

Posted On - 23 September, 2024 • By - Aakarsh Chandranahu

Introduction

In the modern workplace, ensuring the safety and dignity of women is not just a moral imperative but a legal one as well. In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly referred to as the POSH Act, stands as a cornerstone of legal protection for women against workplace harassment. This legislation is a crucial legal safeguard designed to ensure that women can work in a safe environment free from harassment. The POSH Act not only provides a comprehensive framework for addressing sexual harassment but also reinforces the constitutional rights of women to equality, life, and liberty.

Workplace harassment, especially sexual harassment, is an issue that cuts across industries and professions. It encompasses a range of unwelcome behaviours, including physical contact, advances, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. The POSH Act is comprehensive in its definition, ensuring that even subtle and non-physical forms of harassment are recognized and can be acted upon legally.

The POSH Act was introduced in response to the Supreme Court’s landmark judgment in Vishaka & Others v. State of Rajasthan (1997)[1]. The case involved a social worker who was brutally gang-raped while attempting to prevent child marriage in a rural area. The Supreme Court, in response to this horrific incident, recognized the absence of effective legal measures to address sexual harassment at the workplace and laid down the Vishaka Guidelines. These guidelines formed the basis for the POSH Act, making it mandatory for employers to prevent and address sexual harassment.

Another significant case is Medha Kotwal Lele & Ors. v. Union of India & Ors. (2012)[2], where the Supreme Court reiterated the importance of implementing the Vishaka Guidelines effectively. The court observed that despite the guidelines, many women continued to face harassment due to the lack of proper enforcement by employers.

The POSH Act categorizes sexual harassment into two primary types: quid pro quo and hostile work environment. Quid pro quo harassment occurs when job benefits, such as promotions or raises, are contingent upon the victim submitting to sexual advances. On the other hand, a hostile work environment is created when the conduct of one or more individuals in the workplace is severe or pervasive enough to create an intimidating, hostile, or offensive working environment.

The Role of the POSH Act in Safeguarding Women at the Workplace

The POSH Act plays a crucial role in protecting women from sexual harassment through a multi-faceted approach that includes preventive measures, prohibitive guidelines, and redressal mechanisms.

  • Preventive Measures:
    As per the POSH Act every employer is responsible for providing a safe working environment. This includes organizing workshops and awareness programs for employees, educating them about the POSH Act and its provisions, and clearly communicating the consequences of engaging in sexual harassment. Employers are also required to display the penal consequences of sexual harassment at prominent places within the workplace, ensuring that all employees are aware of the law.
  • Prohibitive Guidelines:
    The Act explicitly prohibits any form of sexual harassment in the workplace. It defines sexual harassment broadly to cover a wide range of behaviours, ensuring that the law can address various forms of sexual harassment. The Act also outlines the duties of employers, including the obligation to respond promptly to any complaints of sexual harassment and to ensure that the victim is not subjected to any further harassment or discrimination.
  • Redressal Mechanisms:
    One of the key features of the POSH Act is the establishment of an Internal Committee (IC) within every organization with more than 10 employees are employed. The IC is empowered to receive complaints, conduct inquiries, and recommend appropriate action against the harasser. The Act ensures that the inquiry process is  confidential, and completed within a stipulated time frame. Additionally, the Act provides for the establishment of a Local Committee (LC) at the district level to address complaints from smaller workplaces or in cases where the complaint is against the employer.

In addition to this, one of the key features of the POSH Act is its focus on confidentiality. The Act strictly prohibits the disclosure of the identity of the complainant, respondent, and witnesses, as well as any information related to the proceedings. This provision is intended to protect the dignity and privacy of the victim and to encourage women to come forward without fear of retaliation or stigmatization.

The Importance of Awareness and Implementation

The effectiveness of the POSH Act hinges on awareness and rigorous implementation. Employers must not only fulfil their legal obligations but also foster a workplace culture that respects women’s rights. This includes regular training sessions, clear communication of anti-harassment policies, and a zero-tolerance approach to any form of harassment. It is essential to ensure that all employees are educated about the POSH Act and their rights under it. There needs to be supportive environment where women feel safe to report any instance of harassment.

Moreover, the government and civil society must play an active role in monitoring compliance with the POSH Act. Regular audits, increased transparency, and greater support for victims can enhance the effectiveness of the POSH Act. Additionally, women must be encouraged to speak out against harassment without fear of retaliation, knowing that the law is on their side.

SHe-Box Initiative and Online Complaint Management System

An important initiative supporting the POSH Act is the SHe-Box (Sexual Harassment Electronic Box), launched by the Ministry of Women and Child Development in 2017. This is an online complaint management system designed to help women report instances of workplace sexual harassment in both the public and private sectors.

Procedure for Filing Complaints:

  1. Access the SHe-Box Portal: Women can file complaints by visiting https://www.shebox.wcd.gov.in/
  2. Create an Account: First-time users need to register by providing basic details such as their name and contact information.
  3. Filing the Complaint: The complainant must fill in the necessary details about the incident, including the date, location, description of the event, and information about the accused.
  4. Submit the Complaint: Once the complaint is submitted, the complainant will receive an acknowledgment and a unique tracking ID.
  5. Forwarding to Relevant Authorities: The complaint is forwarded to the concerned organization’s Internal Committee or the Local Committee if necessary.
  6. Tracking the Complaint: Complainants can monitor the progress of their case using the unique tracking ID.
  7. Investigation and Action: The respective Internal Committee or the Local Committee investigates the complaint and recommends actions based on the findings.

The SHe-Box platform provides a confidential, efficient way to report workplace harassment, making it an invaluable tool for implementing the POSH Act’s provisions effectively. By encouraging women to report cases of harassment, the initiative strengthens the legal framework for protecting women’s rights at the workplace.

  • The case of Gaurav Jain v. Hindustan Latex Family Planning Promotion Trust[3] addressed the nature of sexual harassment beyond physical acts. The Delhi High Court emphasized that unwelcome verbal comments could also constitute harassment, broadening the understanding of what behaviours are unacceptable under the POSH Act.
  •  In the case of Dr. Malabika Bhattacharjee v. Internal Complaints Committee, Vivekananda College and Others[4] (2020) The Calcutta High Court ruled that complaints under the POSH Act can be made against individuals of any gender.
  •  The Supreme Court in Aureliano Fernandes v. State of Goa[5] quashed an employee’s termination due to a flawed inquiry process by the internal committee, emphasizing adherence to natural justice principles and issuing directions for better compliance with the POSH Act across government and private sectors.
  • In the case of Pawan Kumar Niroula v. Union of India[6] The Calcutta High Court ruled that POSH Act was not limited to just women employees, but extends to women students as well, as under the definition under section 2 of POSH Act ‘aggrieved women’ was not limited by age group.
  • In Ruchika Kedia v. Internal Complaints, Goa Institute of Management, Through Its President Prof. Annamika Sinha and Ors[7], The Bombay High Court set aside the report of the IC as it was observed that the external member on the IC was not a member of any non-governmental organization or association committed to the cause of women or a person familiar with the issues relating to sexual harassment.

Conclusion

The POSH Act is a vital tool in the fight against workplace harassment, offering legal protection to women and ensuring that their rights are upheld. However, the effectiveness of the Act depends on its rigorous implementation and the commitment of employers to create a safe and respectful working environment.. While laws like the POSH Act are essential, they must be complemented by societal change and a collective effort to ensure that every woman can work in an environment free from harassment and fear. By understanding their rights women can take control of their safety and contribute to a workplace culture that values respect, equality, and dignity for all. By empowering women with knowledge of their rights and ensuring that the law is enforced, we can make significant strides toward eradicating sexual harassment from the workplace.

[1]Vishaka v. State of Rajasthan, (1997) 6 SCC 241

[2] Medha Kotwal Lele v. Union of India, (2012) AIRONLINE 2012 SC 632

[3] Gaurav Jain v. Hindustan Latex Family Planning Promotion Trust, 2015 SCC OnLine Del 11026

[4] Malabika Bhattacharjee v. Internal Complaints Committee, 2020 SCC OnLine Cal 3262

[5] Aureliano Fernandes v. State of Goa, (2024) 1 SCC 632

[6] Pawan Kumar Niroula v. Union of India, 2022 SCC OnLine Cal 180

[7] Ruchika Kedia v. Internal Complaints, 2020 SCC OnLine Bom 139

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