POSH ACT (2013)

POSH (PREVENTION OF SEXUAL HARASSMENT) Act (2013):


This article was written by Deepika and Sanjana, advocate at 24X7 Nyaya edited by Monisha Kalita.

Introduction:

Women make up the majority of the world's population, but because of biases and gender disparities, they are often put in a range of unfavourable situations. They have been subjected to abuse and exploitation by civilizations that are controlled by men. Women have been exploited in India on a social, economic, physical, psychological, and sexual basis from the dawn of time, occasionally in the name of religious direction, occasionally in the name of scripture, and occasionally out of societal habit. We were essentially ignorant of the idea of gender equality prior to the adoption of the Indian Constitution.

According to the POSH Act, sexual harassment includes unwanted behaviours like unwanted physical contact and approaches, requests for sexual Favor's, comments with sexual overtones, the viewing of pornographic material, and any other unwanted sexual behaviour, whether it be physical, verbal, or nonverbal.

"Sexual harassment encompasses unwanted sexually motivated behaviour (whether expressed explicitly or implicitly) like as

a) physical interaction and flirtation;

b) an inquiry or demand for sexual favors;

b) statements with sexual overtones;

d) pornographic programming;

g) any other unwanted sexual behavior, whether it be physical, verbal, or nonverbal.

Importance:

A key section of Indian legislation called the POSH Act seeks to eradicate sexual harassment from the workplace. It emphasizes early complaint resolution, prevention, and public awareness. All Indian organizations are required to comply with the POSH Act, and failure to do so may have legal repercussions. Organizations are urged to provide a welcoming climate where accusations of sexual harassment can be reported and dealt with in accordance with the act's guidelines.

Landmark Judgement:

In 1992, Bhanwari Devi, a social worker with the Women’s Development Project of the Rajasthan government, was gang-raped by five men after she tried to prevent the marriage of a one-year-old girl. The Supreme Court (SC) set down a set of guidelines in 1997 known as the Vishakha Guidelines to fill the statutory gap until a law could be enacted while hearing appeals made by activist groups against the crime. The SC noted the absence of any law "enacted to provide for effective enforcement of the basic human right of gender equality" guaranteeing against "sexual harassment at workplaces." These were legally obligatory and enforceable and were to be "strictly observed in all workplaces". The General Recommendations of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India ratified in 1993, were one of the international conventions and standards that the court drew from.

It also drew strength from other provisions of the Constitution, such as Article 15 (against discrimination on the basis of only religion, race, caste, sex, and place of birth). Notably, the Supreme Court has had to intervene and issue follow-up instructions for the implementation of the Vishakha Guidelines numerous times since 1997, so the latest identification of flaws in the Act by that court is not the first time it has been required to do so. Meanwhile, in 2000, 2003, 2004, 2006, and 2010, the National Commission for Women produced drafts of a code of conduct for the workplace.

Krishna Tirath, the then-minister for women's and children's development, then introduced the Protection of Women Against Sexual Harassment at Workplace Bill in 2007. Later, it was introduced in Parliament and underwent revisions. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, or POSH Act, was the name given to the modified bill when it went into effect on December 9, 2013.

Recent Judgement:

In its recent judgment in Aureliano Fernandes vs. State of Goa and Others (Civil Appeal No. 2482 of 2014), the Supreme Court of India observed that even after a decade of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ("POSH Act") being formulated, its implementation and enforcement are still inadequate. A case that underscored this inconsistency involved Aureliano Fernandes, a former Goa University employee. Fernandes was dismissed from service and barred from future employment based on a Complaints Committee report, which found him guilty of serious misconduct involving multiple instances of sexual harassment. The principles of natural justice were bypassed in this case, as Fernandes was denied a fair opportunity to present his defense due to health issues that led to ex parte proceedings. The Supreme Court held that such lapses undermine the POSH Act’s objectives.

 

Supreme Court’s Directives for Enhanced POSH Act Enforcement: -

The Supreme Court made a number of significant rulings that apply to both public and private organizations in order to resolve these problems and ensure that the Act is carried out as effectively as possible. These consist of:

1.    Review of Implementation: All relevant Ministries, Departments, Government Organizations, and Authorities must have created ICs in accordance with the POSH Act, according to the Union of India, State Governments, and Union Territories.

2.    Online Transparency: The websites of the relevant authorities and organizations must make detailed information about the ICs, contact details for designated personnel, instructions for submitting an online complaint, and pertinent rules, regulations, and internal policies easily accessible and frequently updated.

3.    All statutory organizations, educational institutions, government and private hospitals, and nursing homes at both the federal and state levels are required to conduct such checks.

4.    Education and Training: Employers, management, and authorities must swiftly brief IC members on their responsibilities and the correct way to conduct a complaint investigation. To improve the knowledge of IC members and inform female employees and women's organizations on the requirements of the POSH Act and related rules, it is recommended that regular orientation programs, workshops, seminars, and awareness campaigns be held.

Conclusion: -

In a nutshell, the POSH Act is an essential legal framework for establishing safe and welcoming workplaces for women in India. It puts a lot of emphasis on sexual harassment prevention, resolution, and awareness. An essential legal framework for establishing safe and welcoming workplaces for women in India is the POSH Act. It puts a lot of emphasis on sexual harassment prevention, resolution, and awareness. Organizations must regularly hold training sessions and awareness campaigns to inform staff members of their legal rights and obligations under the act. Also, it's important to note that sexual harassment is not limited to any specific gender and can affect anyone. Creating a culture of respect, awareness, and zero tolerance for sexual harassment is crucial to addressing this issue and ensuring that workplaces and other environments are safe and inclusive for all individuals. If you or someone you know is experiencing sexual harassment, it is essential to seek support and take appropriate steps to address the situation.

 

 

                                                             This article has been published by: Monisha kalita


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