In an effort to uphold women’s safety within workplaces, the Supreme Court of India recently directed the Ministry of Women and Child Development (MoWCD) in all states and Union Territories to appoint District Officers. The appointment is mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, known as the POSH Act. It is seen as a key move to effectively implement this law which aims to protect women from sexual harassment at their workplaces.
Supreme Court Directives
The Supreme Court intervention was necessitated due to an absence of effective enforcement mechanisms for the POSH Act. Many states had yet to designate District Officers to entertain complaints under the Act. Consequently, it was difficult for aggrieved women to seek redress against workplace harassment.
District Officers have a central role in implementation of the Act. They are required to establish Local Complaints Committees (LCCs) for hearing complaints from women employed in small establishments with less than ten workers or where the accused is the employer. They also bear responsibility for identifying nodal officers for enforcement of the Act in rural, tribal, and urban areas.
Appointment of Nodal Persons
In addition to District Officers, the Supreme Court has also asked the MoWCD of every State/Union Territory to identify a ‘nodal person’ to supervise and aid in coordination under the POSH Act. This individual will also liaise with the Union Government on matters related to the act and its effective execution. Every state and Union Territory government is expected to submit a consolidated compliance report to the Union Government within eight weeks.
The POSH Act, 2013
Enacted by the Indian Government in 2013, the POSH Act addresses the issue of workplace sexual harassment faced by women. The Act is designed to create a safe and welcoming work environment, offering protection against harassment. Harassment is defined under the Act as any unwanted act including physical contact, sexual advances, requests for sexual favours, sexually suggestive remarks, display of pornography, and any unwelcome physical, verbal or non-verbal conduct of a sexual nature.
Background and Provisions
The Vishakha guidelines, issued by the Supreme Court in the landmark Vishakha and others v State of Rajasthan 1997 case, formed the basis of the POSH Act. The Supreme Court also relied on Article 15 of the Constitution, which prohibits discrimination based on religion, race, caste, sex, or place of birth, and the General Recommendations of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
Under the Act, employers are legally obligated to establish an Internal Complaints Committee (ICC) at each workplace with ten or more employees. These committees are bestowed with civil court-like powers for collecting evidence. Employers must also conduct awareness programs, provide a safe working environment, and display information about the POSH Act at the workplace.
Looking Forward: Suggestions for Improvement
To further fortify the Act, it has been proposed that an employment tribunal should be established instead of an Internal Complaints Committee. This tribunal should not function as a civil court but instead have the autonomy to choose its own procedure to manage each complaint. The scope of the Act should also be expanded to include domestic workers. The Justice Verma Committee suggested broadening the definition of ‘unwelcome behaviour’ to be seen from the subjective perception of the complainant.
The Committee also proposed holding employers liable if they facilitate sexual harassment, permit an environment where such misconduct becomes widespread and systematic, or fail to disclose company policy on sexual harassment and procedures for filing a complaint. Furthermore, the Committee recommended removing the time-limit of three months for filing a complaint and preventing the transfer of a complainant without her consent.
Other Women’s Safety Initiatives
Several other initiatives aimed at bolstering women’s safety in India include the One Stop Centre Scheme, UJJAWALA (a comprehensive scheme for prevention of trafficking and support of victims), SWADHAR Greh (aimed at supporting women in difficult circumstances), Nari Shakti Puruskar, and Legal Insights Appeal to Departmental Authority Under POSH.
