In light of the recent Supreme Court judgement, concerns have been raised regarding the effectiveness and implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) (PoSH) Act, 2013. The court has placed emphasis on significant lapses and uncertainties that surround the Act which are causing many female employees to leave their jobs.
Supreme Court raises key concerns
The Supreme Court’s main worry lies in the execution of the PoSH Act. It was found that only 16 out of 30 national sports federations have established Internal Complaints Committees (ICCs), as required by the Act. This failure reflects negatively on state functionaries, public authorities, private undertakings, organizations, and institutions that hold responsibility for following the PoSH Act. Such lapses not only impact women’s self-esteem, emotional well-being, and physical health but also create a reluctance to report sexual harassment cases due to uncertainties and lack of confidence in the process.
Recommendations by the Supreme Court
If the working environment continues to be hostile, insensitive, and unresponsive, the PoSH Act will only serve as a formality. It is recommended that the Act should be enforced vigilantly to maintain the dignity and respect women deserve at the workplace. A time-bound exercise to verify whether relevant bodies have formed ICCs, Local Committees (LCs), and Internal Committees (ICs) under the Act needs to be undertaken. The instructed bodies must publish details of their respective committees on their websites within eight weeks.
About the PoSH Act, 2013
The PoSH Act was introduced by the Government of India in 2013 in response to the issue of sexual harassment of women at work. The Act intends to create a safe work environment for women, preventing and prohibiting sexual harassment. The Act enables employers to prevent and prohibit sexual harassment in the workplace, with penalties for non-compliance such as fines and cancellation of licenses.
The Vishakha guidelines and the PoSH Act
The foundation for the PoSH Act was laid by the ‘Vishakha Guidelines,’ which the Supreme Court created following the historic case of Vishakha and others v State of Rajasthan in 1997. The court drew these guidelines from several provisions of the Constitution and international conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India ratified in 1993.
Key provisions of the PoSH Act
The Act emphasizes prevention and prohibition of sexual harassment, requiring employers to form an ICC at each workplace with ten or more employees. It also lays down a comprehensive complaint mechanism, duties of employers, and penalties for non-compliance.
Justice Verma Committee’s recommendations on Sexual Harassment at Workplace
The Justice Verma Committee suggested that domestic workers should be included in the PoSH Act. It proposed a conciliation process where both parties are encouraged to resolve the issue through negotiation. The committee also recommended that the employer should compensate the victim, and an Employment tribunal should be set up instead of an ICC.
Other initiatives related to Women’s Safety
Various other initiatives have been implemented focusing on women’s safety such as the One Stop Centre Scheme UJJAWALA, a preventive program against trafficking and rescue, rehabilitation and re-integration of victims of trafficking and commercial sexual exploitation; the SWADHAR Greh, a scheme for Women in Difficult Circumstances, and the Nari Shakti Puruskar.
