The Protection of Women Against Sexual Harassment Act, 2013 (POSH Act), is under scrutiny due to recent challenges in the Supreme Court against guidelines issued by the Bombay High Court. The petition aims to remove restrictions on sharing court records, including judgments and orders, with the media – a provision seen as impinging on fundamental rights such as freedom of speech, right to information, and open court principles.
The Key Contention Points
The petitioner argues that the limitations on sharing documents interfere with the principles of Article 19, which protect free speech and expression. A well-informed citizenry, they argue, governs itself better, so any restriction on accurate information equates to infringing on their right to know.
However, the issue goes deeper. Critics say that these limitations can unintentionally help harassers by silencing women’s voices on various platforms, particularly social media and news outlets. As public discourse is vital in shaping women’s legal entitlements, there are concerns that these guidelines may deter victims from seeking justice and set harmful precedents for future trials.
Open Court Principles and Gender Justice
Opponents of the guidelines also assert that they contradict the principle of an ‘open court,’ often serving to protect offenders rather than survivors. They argue that an open court doesn’t just deliver justice but educates citizens on their rights and the practical application of the law.
Understanding the Protection of Women Against Sexual Harassment Act, 2013
The POSH Act was formulated based on the Supreme Court’s judgment in the Vishakha and others v State of Rajasthan case in 1997. The Act clearly defines sexual harassment at workplaces and provides a mechanism for complaints redressal.
Under the Act, every employer must constitute an Internal Complaints Committee at each office or branch with ten or more employees. These committees have civil court powers to gather evidence and are required to provide conciliation before initiating an inquiry.
Penalties under the POSH Act
Penalties for employers who fail to comply with the Act’s provisions include fines and, for repeated violations, higher penalties and license or registration cancellation. The state government is also required to notify a District Officer in every district to establish a Local Complaints Committee (LCC), thus allowing women in the unorganized sector or small establishments to work in an environment free from sexual harassment.
Other Mechanisms to Address Workplace Sexual Harassment
The Ministry of Women & Child Development has launched the Sexual Harassment electronic Box (SHe-Box). This portal aims to provide a single point of access for reporting workplace sexual harassment complaints for all women, regardless of their employment status or sector.
A Way Forward: Implementing JS Verma Committee Recommendations
To bolster the effectiveness of the POSH Act, adopting the recommendations of the JS Verma Committee could be beneficial. Suggestions include setting up an employment tribunal, broadening the Act’s scope to include unwelcome behavior and domestic workers, and holding employers accountable for facilitating or allowing widespread sexual misconduct. The committee also recommended removing time limits for filing complaints and ensuring complainants are not transferred without their consent.
