9th Anniversary of the PoSH Act – Several Wins, Some Misses, But Overall Proficient

Exactly nine years ago, today, on 9th December the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [commonly called as the “PoSH Act”] came into existence.

The PoSH Act begins with a suitable explanation, that “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 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”.

While the intentions with which the PoSH Act was promulgated remain honourable, like any other piece of legislation, the PoSH Act too suffers from certain shortcomings. Basis my experience of training thousands of employees and investigating numerous cases, some changes that I personally would like to see, include:

Firstly, the law should be made gender neutral. Ever so often when conducting PoSH trainings, a question is asked – why the law is not gender neutral? Do you think men or transgenders do not get harassed at the workplaces?

Secondly, the procedural parts of the PoSH Act should be further clarified to reduce uncertainty. At present, the regulations only make a reference to abiding with the “principles of natural justice”. Thus, nuances around the process of conducting an inquiry, what can be considered as evidence, how should the Internal Committee come to a conclusion in case of “he-said /she-said” matters should be further clarified. While there is some guidance available on these matters via decided case laws, it still continues to be a contentious issue.

Thirdly, the definitions of “employee” and “workplace” should be clarified or suitably widened, for the law to catch-up with our new ways of working – be that for employees working virtually, or working from co-working spaces, for gig workers, or where incidents take place at a respondent’s or complainant’s home, or at an informal get-together etc. For example, when it comes to contractual workers, I have always noticed a tussle between the Principal Employer and the Contractor – on who should be liable to train such workers, with both passing the buck to one another.

Fourthly, I would also mention that in several trainings that I have conducted, there are queries around mental harassment/ mental health. While the same may not strictly fall under the current definition of sexual harassment under the PoSH Act, time has come for this matter to be suitably addressed.

And lastly, I believe stricter implementation of the PoSH Act is also essential. While several districts have nominated a District Officer and set-up a Local Committee under the PoSH Act, majority of districts in India, especially the smaller ones, still lag behind.

However, to focus just on deficiencies and overlook the contribution which the PoSH Act has made at our workplaces, would be grossly unfair.

To begin with, the PoSH Act provides a relatively uncomplicated and economical route, whereby an immediate relief can be sought by a Complainant, without having to go to a lawyer or a police station. We should also recognise that a vast majority of our working class resides in rural and tier-2 cities, where it is still a taboo to file a complaint or even discuss about sexual harassment. Many complainants may not have found the support of their families if police or lawyer were their only options. For them, the PoSH Act offers a relatively easier option to raise their concerns.

The PoSH Act also ensures that Internal Committees work in an impartial manner. Thus, every Internal Committee is required to have an External Member, who is expected to act in an independent and unbiased manner. It is expected that the External Member would guide the investigation and share nuances of PoSH Act with the members of the Internal Committee, who may not be experts in this field. Thus, it is extremely important, for a complainant, a respondent, as well as for an organization to nominate such an individual as an External Member who is knowledgeable, fair and well-conversant with the intricacies of the PoSH Act. To clarify, the External Member does not have to be a lawyer or a woman.

This legislation also acts as an ‘enabling provision’ for the new-age India to raise its voice against harassment. Awareness of the PoSH Act has given immense strength to conversations and dialogues on appropriate workplace behavior. I am highly motivated to see an increasing number of women, especially from the younger generation, coming out and fearlessly condemning harassing behavior at their workplaces. If implemented well, the PoSH Act has enough teeth to make sure that justice is done in every such matter.

Lastly, on the subject of implementation of the PoSH Act, I would especially like to laud the efforts of the District Administration of Gurugram, under the aegis of IAS Shri Vishram Kumar Meena , who has been a torchbearer in his role as the District Officer in Gurugram under the PoSH Act. From awareness sessions for the Governmental Ministries to providing all facilities and guidance to the Local Committee, Shri Vishram Kumar Meena continues to be a staunch supporter and an unwavering beacon of light for women’s rights in the district.

I am also a member of the Local Committee at the District Administration of Gurugram. Thus, I can confidently share with you that this Local Committee works tirelessly, in a fair and independent manner, to redress each & every complaint received by us.

In conclusion, I would say that the PoSH Act provides a practicable redressal mechanism as well as an unfettered right to a harassment free workplace, to every woman in India, irrespective of her age or employment status. Having said that, I believe the fight to eradicate sexual harassment at the workplace shall begin from home - with the right education and attitude of parents towards gender neutrality; for sexual harassment at workplace is nothing but an extension of discrimination and violence in our everyday life.

#posh #icc #sexualharassmentatworkplace #prevention #workplace #sexualharassment

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