This article has been written by Sanju Jha, pursuing Ba. Llb from Rnb Global University, Bikaner.
ABSTRACT
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, is the POSH Act. It is a milestone in Indian labor law. It aims to provide a safe, dignified work environment to women. This paper traces the progress of the POSH Act with a focus on landmark judicial decisions that shaped its growth. The current research unpacks this impact on workplace safety and broader implications for gender equity in India through an analysis of historical contexts, significant legal precedents, and subsequent amendments done within the POSH Act.
INTRODUCTION
The POSH Act was landmark legislation in the history of law-making in India. Surely it was a giant leap toward redressal of sexual harassment at workplaces and a stride ahead in bridging the gap between the two genders. The paper looks into the initiation and development of the POSH Act, landmark cases that shaped its framework, and assesses the continuing challenges and improvements in its implementation. This research paper seeks to undertake an in-depth analysis of how the POSH Act has changed the legal landscape with respect to sexual harassment in Indian workplaces.
HISTORICAL BACKGROUND
The Vishaka Guidelines
The POSH Act was enacted devoid of any particular legislation in India to address sexual harassment at workplaces. The Vishaka Guidelines, framed by the Supreme Court of India in 1997, became an important intermediate step.
VISHAKA & ORS. V. STATE OF RAJASTHAN & ORS. (1997)[1]
Facts
The Vishaka judgment was a sequel to the gang rape of Bhanwari Devi, a social worker working in Rajasthan, who was assaulted after she tried to prevent a child marriage. In the absence of any legal provisions on sexual harassment, public interest litigation was filed by women’s rights groups for justice to Devi and protection for women from sexual harassment.
Issues
The case primarily revolved around the lack of provisions in the law to deal with sexual harassment in the workplace and how to guard against it. It was really a question of establishment of a legal framework on the prevention and redressal of sexual harassment.
Decision
It is in this legislative vacuum that the Supreme Court of India promulgated the Vishaka Guidelines. These guidelines mandated the setting up within every establishment of internal complaints committees, programs for raising awareness, and redressal mechanisms. Of course, they were to be a stopgap arrangement until formal legislation was enacted.
Effects on POSH Act:
The Vishaka Guidelines formed the forerunner of the POSH Act, specifically affecting its provisions related to defining sexual harassment, employer responsibilities, and redressal mechanisms. These guidelines were a precursor to the enactment of the broad reach Legislation under the POSH Act.
EVOLUTION OF POSH ACT
Enactment of POSH Act, 2013
The POSH Act was enacted to mainly put into statutory form and codify the principles laid down by the Vishaka Guidelines. It is a milestone or landmark in Indian labour law, specifically set up to provide a more secure and just workplace for women.
Key Provisions of the POSH Act
- Definition of Sexual Harassment: Under the Act, sexual harassment includes acts or physical contact, demand for sexual favors, sexually colored remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. This broad definition will allow many forms of harassment to come under its ambit.
- Employer Responsibilities: An employer is obliged to ensure a safe working environment through notice display relating to the prohibition against sexual harassment, conduct regular workshops, and hold training programs so that employees are informed of their rights and the mechanics for redressal.
- Internal Complaints Committee: That is required to be constituted in every workplace where ten or more employees are employed. It is this Committee which is entrusted with the task of considering the complaint of sexual harassment, holding an inquiry into it and recommending action on its findings.
- Redressal Mechanism: It can take the following actions against those guilty of sexual harassment, viz., written apologies, warnings, reprimands, transfers, suspension, or termination. The Act lays emphasis on inquiry procedure to be fair and impartial so as to ensure that the complainant gets justice and the delinquent is brought to book.
LANDMARK CASES POST-ENACTMENT
MEDHA KOTWAL LELE & ORS. V. UNION OF INDIA & ORS. (2013)[2]
Facts
In this case, the petitioners, Medha Kotwal Lele and others, highlighted the proper implementation of Vishaka Guidelines in different organizations and institutions. The petitioners claimed that despite these guidelines, many workplaces had not developed proper mechanisms for redressal of sexual harassment.
Issues
The main question was the violation of the Vishaka Guidelines and the need for a more strict enforcement of the same. The petitioner had prayed for a mandamus from the Supreme Court to see that the Guidelines were properly implemented by all states and union territories and to create awareness about sexual harassment.
Decision
The SCI, in its judgment, reiterated the requirement for the strict implementation of the Vishaka Guidelines. It directed that all states and union territories take effective compliance and create comprehensive training and awareness programs at all levels. This judgment thus laid equal emphasis on monitoring mechanisms so that the workplaces followed the established guidelines.
Impact on POSH Act:
This decision therefore re-established the need for effective implementation of the POSH Act and led to increased emphasis on awareness and training programs. It highlighted that active monitoring and compliance were necessary to achieve proper implementation of the provisions under the Act.
APPAREL EXPORT PROMOTION COUNCIL V. A.K. CHOPRA (1999)[3]
Facts
A.K. Chopra, working with the Apparel Export Promotion Council, was accused of sexually harassing an employee working under him. The nature of the harassment was non-physical and included some verbal comments and gestures.
Issues
The basic question that arose was whether such forms of non-contact harassment fell within the ambit of the definition of sexual harassment in the existing law. The case had to decide whether such acts were considered an offense under sexual harassment laws.
Judgement
The judgment acquitting A.K. Chopra was upheld by the Supreme Court which held that even unphysical acts, if unwelcome, could amount to sexual harassment. What it further explained is that sexual harassment is the generic term for all such unwelcome conduct which generally results in hostile work environment.
Impact on POSH Act
This judgment broadened the definition of sexual harassment to include non-contact forms of misconduct. It influenced the definition of sexual harassment in the POSH Act and ensured that the Act did indeed address a plethora of behaviors that create or perpetuate a hostile work environment.
DR. PUNITA K. SODHI V. UNION OF INDIA & ORS. (2010)[4]
Facts
Dr. Punita K. Sodhi of AIIMS filed a complaint of sexual harassment against a senior colleague. The inquiry process is marred by procedural lapses and retaliation against the complainant in the form of delays and lack of proper investigation.
Issues
The principal issues that arose for determination in the case related to the fairness of the inquiry procedure and complainant protection from retaliation. It has been a case bringing into the limelight the concerns over procedural deficiencies and safeguarding of the complainants during investigations.
Decision
While upholding the need for a fair inquiry process and protection of complainants from retaliation, the Delhi High Court laid emphasis on due process by the employer while dealing with complaints, followed by ensuring safety and dignity of the complainant during the process of inquiry.
Impact on POSH Act
This case hence provided more focus on procedural fairness and protection for the complainant, which ultimately led to more stringent provisions being brought within the POSH Act on issues relating to complaint-handling and protection from retaliation. The necessity for effective and independent investigation in cases of sexual harassment was recognized.
CHALLENGES AND AMENDMENTS
Implementation Challenges
Despite this comprehensive framework, a number of challenges still persist in the actual implementation of the POSH Act. These include:
- Lack of Awareness: Many employees and employers are not aware of the provisions of the POSH Act and their rights and responsibilities under the law.
- Inadequate Training: ICC members often do not have enough training to handle the complaints effectively and with neutrality.
- Fear of Retaliation: A complainant may be reluctant to file a complaint in view of retaliation or loss to career prospects.
- Cultural Barriers: The societal attitude and cultural norms act as impediments to reporting and resolving cases of sexual harassment.
Amendments and Updates
In light of the above challenges, the Indian government has brought in some amendments and updates in POSH. Some of the recent initiatives taken by the government are:
- Strengthening the ICC: Updates relate to the composition, training, and functioning of ICCs to increase its effectiveness.
- Preserving Confidentiality: Steps have been taken to maintain the confidentiality of the complainant and to ensure that the identity of the complainant is not revealed in the probe process.
- Legal Assistance and Aid: Provisions pertaining to extending legal aid and assistance to the complainant have been strengthened to ensure that justice reaches the doorstep of every single aggrieved woman.
- Awareness Campaigns: The government has undertaken awareness campaigns to educate employees and employers about the POSH Act and its provisions.
CONCLUSION
The POSH Act is one giant leap toward protecting women’s rights and ensuring safe workplaces across the length and breadth of India. It was landmark cases like Vishaka, Medha Kotwal Lele, and Apparel Export Promotion Council that shaped a robust legal framework for this Act and its implementation. While the progress of the POSH Act has been significant in addressing workplace harassment, it is still an ongoing process to work through challenges in implementation and refinement. Any future amendments must be directed toward increasing awareness, training, and support systems for the Act to meet its mandate of a truly safe, respectful workplace for women.
References
- Vishaka & Ors. v. State of Rajasthan & Ors., AIR 1997 SC 3011.
- Medha Kotwal Lele & Ors. v. Union of India & Ors., (2013) 1 SCC 297.
- Apparel Export Promotion Council v. A.K. Chopra, (1999) 1 SCC 759.
- Punita K. Sodhi v. Union of India & Ors., W.P.(C) No.367/2009.
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act.
[1] Vishaka & Ors. v. State of Rajasthan & Ors., AIR 1997 SC 3011.
[2] Medha Kotwal Lele & Ors. v. Union of India & Ors., (2013) 1 SCC 297.
[3] Apparel Export Promotion Council v. A.K. Chopra, (1999) 1 SCC 759
[4] Dr. Punita K. Sodhi v. Union of India & Ors., W.P.(C) No.367/2009
