How effective has the POSH Act been over the past 10 years?

If you work at a corporate office or a startup in India, chances are that you are aware of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Better known as the POSH Act, this piece of legislation has been safeguarding women employees across the country for over a decade now.

But has it been completely effective? What more could it offer? How could we as managers, employees, and HR professionals use it better? Let's take a closer look.

Benefits of the POSH Act

1. Accountability of Employers

The Act places significant emphasis on the role of employers. It states that the employer is responsible to create a safe working environment for the employees. They are also instructed to conduct regular awareness programs and if required, they must take appropriate action against any offenders. In this light, employers have become more vigilant in fostering a sexual-free harassment workplace.

2. Enhanced Legal Protection

The Act offers legal protection to victims of sexual harassment. It outlines the complaint process, conducting inquiries, and imposing penalties on the perpetrators. This has given confidence to the victims and prevents potential offenders.

3. Increased Reporting

Since the Act was passed, the number of reported cases has seen a noticeable rise, indicating a more transparent and accountable work culture. According to the Maharashtra State Commission for Women (MSCW) data, harassment cases increased from 194 in the year 2017-18 (April-March) to 548 in 2022-23. The sexual harassment cases increased from 22 to 37 during the same period. TCS saw a sharp increase in sexual harassment complaints from 36 complaints in FY 2021-22 to 49 cases during the fiscal year 2022-23. Infosys reported 111 instances of workplace discrimination in 2022-23, compared to 82 instances in the previous year.

This shows that in a safe work environment, employees feel empowered to report incidents of sexual harassment.

Areas of Improvement

No doubt the POSH Act has made phenomenal progress in the last decade. Yet, there are still a few challenges it faces. So let’s take a look at how we can use this law better in the spirit it was intended.

1. Raise awareness in more organizations?

Employees often lack awareness about what they can do in cases of workplace sexual harassment. For the law to be fully effective, we must ensure that more organizations and sectors are aware of and sensitized to it.??

2. Customize solutions for the informal sector

Between 2019 and 2020, Human Rights Watch conducted 85 interviews of women working in both formal and informal sectors. It was found that women in the informal sector required more help accessing their rights. Their issues ranged from simply not being aware of the law to needing higher protection to act on it. This shows how important it is to provide customized solutions outside of corporate offices and startups.

3. Properly train the Internal Committee (IC)

The IC is given the powers of the Civil Court to carry out the inquiry. But IC members often have little to no experience in handling such sensitive and judicial complaints. Many inquiry reports are challenged in the High Courts by way of writ petition because of a lack of trained professionals. Adequately training these committees is essential to improve the implementation of the law.?

4. Consider how people of all genders can be protected

Since the POSH Act originated in response to women at workplaces needing protection, it is primarily designed to safeguard women. But queer individuals are often just as vulnerable, and even men can face sexual harassment. So as a rule, it would be good to have gender-neutral workplace policies, which a few companies like Wipro, Infosys, Taj Group of Hotels, and Godrej already follow.

5. Ensure strict compliance to the law

Non-compliance by the IC is one of the major challenges that the Act faces. For instance, only 16 out of 30 national sports federations in India had constituted ICs. To this end, the Supreme Court of India recently directed the states and union territories to verify if ministries, departments, and government organizations had constituted Internal Committees and Local Committees under the Act.

6. Build frameworks for monetary penalties

There is lack of clarity on the monetary penalty that needs to be paid if a sexual harassment complaint is proved. Hence, the IC often finds it challenging to arrive at a particular amount to be paid by the culprit. To tackle this, it’s crucial to understand what the money will be addressing and how the damages can be fairly paid.?

The way forward

It's important to remember that the POSH Act will only be effective if we implement its provisions. If you're looking to build a safer workplace, here is a list of compliance checks to begin with:

1. For workplaces with more than 10 employees, it is legally mandatory to have an Internal Committee or IC noted in writing.

2. The employer must ensure that the IC shares every report of a sexual harassment case with them.

3.? Employers should display the penal consequences of sexual harassment and the contact details of the IC at a prominent place in the workplace.

4. They must also organize workshops and awareness programs for sensitizing employees on a regular basis, and provide capacity training for the IC members.

5. It is also the responsibility of the employer to provide the IC with any information and facilities they need to investigate a complaint. This includes making sure that the parties of the complaint meet with the IC.

6. Every company must also make sure to file their annual POSH report. If this report is not filed, the employer may have to pay up to Rs. 50,000. Further non-compliance may even lead to the business license being cancelled.

By adhering to these compliances, we can better use the POSH Act and do our part in ensuring that our workplaces remain safe and secure for every last employee.

Learn more about creating a safe and empowered workplace using POSH compliance with Lawcubator's elearning module. For more information, drop us a message or email us at [email protected]