The POSH Act, 2013 was introduced in India to prevent, prohibit, and redress sexual harassment of women at the workplace. It aligns with the guidelines laid down by the Supreme Court in the landmark Vishaka judgment of 1997. Here's a detailed exploration of the legislation, its implications, and how it has been applied in various cases.
1. Genesis of POSH Act, 2013
The Vishaka Guidelines (1997)
The Supreme Court's judgment in Vishaka & Ors. vs.
State of Rajasthan (1997) came in response to the gang-rape of a social
worker, Bhanwari Devi, in Rajasthan. This case highlighted the absence of
specific legal provisions addressing workplace sexual harassment.
The Vishaka Guidelines were issued to define sexual
harassment, outline employer responsibilities, and mandate the establishment of
grievance redressal mechanisms in workplaces.
2. Key Features of the POSH Act
- Definition
of Sexual Harassment
Sexual harassment includes unwelcome acts such as: - Physical
contact and advances.
- A
demand or request for sexual favors.
- Making
sexually colored remarks.
- Showing
pornography.
- Any
other unwelcome physical, verbal, or non-verbal conduct of sexual nature.
- Applicability
- Applies
to all workplaces, both organized and unorganized sectors.
- Covers
employees, trainees, apprentices, and visitors.
- Grievance
Redressal Mechanism
- Internal
Complaints Committee (ICC): Mandatory for organizations with 10 or
more employees.
- Local
Complaints Committee (LCC): For establishments with fewer than 10
employees or for addressing complaints against the employer.
- Complaint
Process
- Complaint
to be filed within 3 months of the incident.
- ICC/LCC
to complete the inquiry within 90 days.
- Recommendations
to be acted upon within 60 days.
- Punishments
and Remedies
- Penalties
for the perpetrator may include written apology, termination, or
counseling.
- Compensation
for the victim.
- Fine
up to INR 50,000 for non-compliance by the employer.
- Employer
Responsibilities
- Create
a safe working environment.
- Display
POSH policies prominently.
- Conduct
regular training and awareness programs.
- Submit
annual compliance reports.
3. High-Profile POSH Cases in India
- Teri
vs. R.K. Pachauri (2015)
- Background:
A researcher accused Dr. R.K. Pachauri, a renowned environmentalist, of
sexual harassment.
- Outcome:
An ICC inquiry found Pachauri guilty, leading to his resignation.
- Significance:
Highlighted the challenges faced by victims in high-profile cases,
including workplace dynamics and societal judgment.
- Phaneesh
Murthy Case
- Background:
Former Infosys executive faced allegations of sexual harassment by a
subordinate in 2002.
- Outcome:
Infosys settled the case out of court, but it raised awareness about the
need for strict internal policies.
- Significance:
Pre-dated the POSH Act but spurred companies to focus on preventive
measures.
- Airtel
vs. Rohit Dutt Case
- Background:
An Airtel employee was accused of sexual harassment by a female
colleague.
- Outcome:
The ICC investigated the matter, and strict actions were taken against
the accused.
- Significance:
Showed the efficacy of POSH mechanisms in large organizations.
- Zomato
Case (2021)
- Background:
A Zomato delivery executive accused a customer of harassment.
- Outcome:
The company addressed the issue promptly and transparently, showcasing
the importance of safeguarding employees beyond office premises.
4. Challenges in Implementation
- Awareness
Deficit:
Many employees, especially in smaller organizations or rural areas, are unaware of the POSH Act. - Bias
in ICC Investigations:
Internal Committees may face pressure to protect organizational interests, compromising neutrality. - Social
Stigma:
Victims often hesitate to report harassment due to fear of retaliation or societal judgment. - Non-Compliance
by Organizations:
Many firms fail to constitute ICCs or conduct awareness programs, leading to weak enforcement. - Impact
on Workplace Dynamics:
Allegations, even if proven false, can tarnish reputations and affect team cohesion.
5. HR's Role in POSH Compliance
- Policy
Formation
- Draft
a clear POSH policy outlining definitions, procedures, and consequences.
- ICC
Establishment and Training
- Ensure
the ICC is diverse, gender-balanced, and trained in legal procedures.
- Awareness
Programs
- Conduct
regular training sessions and workshops on sexual harassment and
workplace conduct.
- Promoting
a Safe Environment
- Foster
a culture of respect and inclusivity through leadership and employee
engagement.
- Monitoring
and Reporting
- Maintain
records of complaints, inquiries, and outcomes.
- Submit
compliance reports as required by law.
6. Future Directions
- Expanding
Coverage: Include protections for male and LGBTQ+ employees.
- Digital
Harassment: Address challenges posed by virtual workspaces, such as
inappropriate online behavior.
- Strengthening
Enforcement: Enhance penalties for non-compliance and provide
resources for victim support.
Conclusion
The POSH Act is a vital tool for ensuring workplace safety
and equality. While its implementation has seen notable progress, continuous
efforts are needed to overcome challenges and adapt to evolving workplace
scenarios. By fostering awareness, fairness, and inclusivity, HR professionals
can play a pivotal role in creating harassment-free work environments.
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