Introduction:
The Prevention of Sexual Harassment at Workplace Act, 2013, commonly referred to as the PoSH Act, 2013, was introduced to address the rising cases of workplace sexual harassment in India. It aims to provide a legal framework to safeguard women employees with a safe work environment and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. Sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and the right to practice any profession or to carry on any occupation, trade, or business, which includes a right to a safe environment free from sexual harassment, and the PoSH Act, 2013 is one of the laws that protects the said rights.
About the PoSH Act, 2013:
This Act is a law designed to prevent sexual harassment in workplaces, safeguard victims’ rights, and penalize employers who do not comply and violate the law. These laws were shaped and influenced by the Vishakha Guidelines, laws that were enacted to prevent workplace sexual harassment in 1997. Before the PoSH Act, the Supreme Court of India had issued the Vishakha Guidelines, following the landmark case of Vishakha vs. State of Rajasthan (1997) [AIR 1997 SUPREME COURT 3011; 1997 (6) SCC 241]. These guidelines required all organizations to set up procedures to address and redress sexual harassment complaints.
The Legal Definition of Sexual Harassment Under the PoSH Act:
- Sexual harassment includes any unwelcome act like:
- Sexually suggestive remarks
- Physical advances
- Requests or demands for sexual favours
- Showing pornography
- Offering preferential treatment in exchange for a sexual favour.
- Threatening detrimental treatment, negative consequences or changes in employment status for refusing sexual favours.
- Any conduct of a sexual nature that creates an intimidating, offensive, or hostile work environment.
- Humiliating treatment with sexual undertones that impacts an employee’s health or safety.
- Any other unwelcome conduct of a sexual nature in the form of physical, verbal, or non-verbal.
Key provisions of the PoSH Act 2013:
- Employers are required to display a notice that details female employees about their protection against sexual harassment.
- Section 4 of the PoSH Act, 2013 mandates the creation of the ICC, Internal Complaints Committee, to address and resolve the complaints.
- The ICC must be chaired by a woman and must have at least 50% women among its members.
- Employers must take proactive measures to prevent harassment and ensure victims are not treated unfairly.
- Necessary support, assistance, and alternative work arrangements must be provided to complainants if they require it.
Consequences for Violating the PoSH Act:
- Employers who breach or attempt to breach any provisions of the PoSH Act might be penalised with a fine of up to ₹50,000.
- Employers with repeated violations or non-compliance offences to the PoSH Act may face double penalties and/or face cancellation or non-renewal of business licenses.
Recent Development:
In a recent development of the tragic rape and murder of a 2nd-year PG trainee doctor at RG Kar Medical College in Kolkata, the People’s Union for Civil Liberties, PUCL petitioned the Calcutta High Court. The petition requests a court-supervised investigation and compliance report on the PoSH Act’s implementation by the West Bengal government that focuses on institutional responsibility and the role of college authorities.
The Chief Justice of India’s recommendation to implement the PoSH guidelines in all medical institutions, including government and private hospitals, is a crucial step towards ensuring a safer and more equitable work environment in the medical industry.
The brutality of the case and the involvement of the Court highlight the urgent need for rigorous enforcement of PoSH Act provisions. It emphasizes the necessity for workplaces, including educational institutions, to enforce preventive measures and provide support to the victims.
Conclusion:
Organizations should prioritize adhering to the PoSH guidelines and fostering a safe and respectful workplace. Regular workshops and awareness campaigns can play a crucial role in maintaining compliance with the law and creating a positive, supportive work environment for all employees.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The content may not reflect the most current legal developments and is not guaranteed to be accurate, complete, or up-to-date. Readers should consult a qualified legal professional before taking any action based on the information provided. The authors and publishers disclaim any liability for any loss or damage incurred as a result of reliance on this article. This article does not create an attorney-client relationship.