The Prevention of Sexual Harassment, PoSH Act of 2013,
Introduction:
The Prevention of Sexual Harassment (PoSH) Act of 2013 is a historic legislation designed at ensuring a safe and secure working environment for women in India. Implemented to tackle the widespread problem of workplace sexual harassment, the act provides a legal framework for prevention, prohibition, and redressal of such incidents.
Background and Introduction:-
In 1992, the PoSH Act originated from a tragic incident involving Bhanwari Devi, a social worker with the Women’s Development Project of the Rajasthan government. She was gang-raped by five men while attempting to prevent the marriage of a one-year-old girl. In response to pleas filed by activist groups regarding this crime, the Supreme Court, recognizing the lack of a specific law addressing gender equality and protection against sexual harassment at workplaces, issued the Vishakha Guidelines in 1997. These guidelines were designed to fill the legal void until a proper law could be enacted. Mandated to be "strictly observed in all workplaces," they held legal enforceability and were based on constitutional provisions such as Article 15 and international conventions like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), ratified by India in 1993.
Objectives and Need for the Act:
The primary objective of the PoSH Act is to create a favorable and harassment-free work environment for women. It directs the formulation of Internal Complaints Committees (ICC) in organizations to address complaints and take appropriate action against sexual harassment. The Act is applicable to all workplaces, including the public and private sectors, and covers a broad range of organizations.
What amounts to sexual harassment under PoSH Act:-
The PoSH Act defines sexual harassment to include unwelcome acts such as physical contact and sexual advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. It also lists down five circumstances that would constitute sexual harassment if they are connected to the above-mentioned acts- (i) Implied or explicit promise of preferential treatment in employment (ii) Implied or explicit threat of detrimental treatment in employment (iii) Implied or explicit threat about present or future employment status (iv) Interference with work or creating an intimidating or offensive or hostile work environment and (v) Humiliating treatment likely to affect health or safety.
The PoSH Committee:
The Internal Complaints Committee (ICC) plays a crucial role in the implementation of the PoSH Act within an organization. To form a PoSH (Prevention of Sexual Harassment) Committee, designate a chairperson, at least two members from among employees, and a member from an external organization. The committee should comprise at least half women members and possess knowledge of legal and social issues related to harassment. Ensure their tenure is not less than three years. Display committee details prominently, conduct regular awareness programs, and maintain confidentiality throughout the complaint resolution process. The committee plays a crucial role in implementing and overseeing policies to prevent and address workplace sexual harassment.
How Women Can File a Case:
If a woman faces sexual harassment at the workplace, she can file a complaint under the PoSH Act. The process involves reporting the incident to the Internal Complaints Committee (ICC) within the organization. If the organization does not have an ICC or if the complaint is against the employer, the complaint can be filed with the Local Complaints Committee (LCC) or the District Officer.
Statistics on Cases:
The PoSH Act has led to increased awareness and reporting of sexual harassment cases at workplaces. However, it is essential to note that the number of cases filed may not reflect the actual prevalence of such incidents, as many cases go unreported due to fear, stigma, or lack of awareness. As per studies over 50% women face sexual harassment in formal workplace and more than 80% of women commuters faced sexual harassment but only 1% are reported. 55% of victims experience retaliation after speaking up or making a claim.
How Men Can Avoid PoSH Cases:
Preventing sexual harassment is a shared responsibility, and men can contribute to making a safer workplace environment by adopting a culture of respect and equality. It is crucial for men to be aware of their actions and words, ensuring that they do not engage in behavior that may be perceived as harassment. Companies can also conduct awareness programs and training to educate employees on appropriate conduct and the provisions of the PoSH Act.
Here are some high profile cases that stunned India
1. Tarun Tejpal:-
The former Tehelka chief, faced serious allegations of sexual assault and rape during a Goa event, making it one of the most notorious cases in India. The accusations were brought forth by a former colleague, and the scandal gained international attention amid claims that Tehelka staffers attempted to suppress the complaint. The case highlighted the occurrence of sexual misconduct in high-profile settings and raised questions about the accountability of powerful figures. Tarun Tejpal's legal battle became a symbol of the challenges faced by survivors in seeking justice against influential individuals. The news around the incident showed how important it is to deal with wrongdoing in big organizations and its impact on society. The court case number for the Tarun Tejpal sexual assault case is Criminal Appeal No. 1038 of 2022. This case was filed in the High Court of Bombay, Goa Bench
2. KPS Gill:-
In 1988, a complaint was filed by senior IAS officer Rupan Deol Bajaj against KPS Gill, the former Punjab director general of police. The accusation involved inappropriate touching at a party, bringing attention to the issue of harassment within professional settings. The case stirred discussions on the misconduct of influential figures and the challenges faced by victims in reporting such incidents. Rupan Deol Bajaj's courage in coming forward shed light on the need for accountability even at the highest levels of authority. The incident marked a pivotal moment in addressing harassment concerns within bureaucratic circles.
3. Asok Kumar Ganguly:-
The case involving Asok Kumar Ganguly, a former Supreme Court judge, is known as Criminal Appeal No. 248 of 2014. In 2014, Asok Kumar Ganguly, a former Supreme Court judge, resigned from his position as the head of the West Bengal human rights commission. The decision followed allegations of sexual harassment made by a law intern who claimed the incident occurred in a hotel room. The case raised concerns about the conduct of individuals in authoritative roles and the vulnerability of interns in professional settings. Asok Kumar Ganguly's resignation highlighted the importance of addressing accusations of misconduct, even within esteemed institutions.
4. Shiamak Davar:-
The Bollywood choreographer Shiamak Davar faced legal action when two former students from his dance school in Vancouver filed a sexual harassment lawsuit in Canada. The two men alleged that Davar used a spiritual organization to exert control over them, eventually manipulating them into what they described as "sexual submission." The case shed light on power dynamics within educational and artistic institutions, sparking discussions about exploitation and abuse of authority. Shiamak Davar's legal troubles underscored the importance of addressing harassment claims in the entertainment industry and beyond.
5. Gopal Kanda:-
In 2012, a 23-year-old airhostess named Geetika Sharma accused former Haryana minister Gopal Kanda of sexual harassment and claimed he compelled her to end her life in a suicide note. The tragic incident highlighted the grave consequences of alleged misconduct by individuals in positions of power. Geetika Sharma's suicide note brought attention to the issue of workplace harassment and the vulnerability of employees to abuse of authority. Gopal Kanda's involvement in the tragedy spurred discussions on ethical conduct among public figures and the accountability they should uphold. Geetika Sharma's heartbreaking situation drove a broader societal conversation about the importance of addressing harassment to prevent such devastating outcomes.
5.Phaneesh Murthy:-
In 2002, Phaneesh Murthy, a prominent figure in India's software industry and a rising star, faced resignation from Infosys following accusations of sexual harassment by his secretary, Reka Maximovitch. The incident marked a significant moment in the career of Murthy and brought attention to the occurrence of workplace harassment. The resignation highlighted the challenges faced by individuals in reporting misconduct, especially when the accused holds influential positions. Phaneesh Murthy's case spurred discussions on the importance of addressing harassment within corporate environments.
Conclusion:
The PoSH Act of 2013 is a significant step towards creating a workplace free from sexual harassment. It empowers women to come forward and report incidents, ensuring that appropriate action is taken against the perpetrators. Organizations play a pivotal role in implementing and upholding the principles of the PoSH Act to foster a safe and inclusive workplace for all.
Decoding Legal Team
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