POSH ACT (SEXUAL HARRASSMENT AT WORKPLACE) 2013

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UPSC MAINS SYLLABUS

Sociology – Sociology – Paper 2 – Poverty, deprivation and inequalities.

GS 2 – Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections

 

  • Sexual harassment at a workplace is considered violation of women’s right to equality, life and liberty.
  • It creates an insecure and hostile work environment, which discourage women’s participation in work, thereby adversely affecting their social and economic empowerment and the goal of inclusive growth.
  • With this idea the legislature formulated the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.
 
ABOUT THE ACT
  • The Act defines sexual harassment as unwelcome acts or behavior (whether directly or by implication) namely, 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.
  • This Act covered both the organized and unorganized sectors in India. The statute applied to all government bodies, private and public sector organizations, non-governmental organizations, organizations carrying out commercial, vocational, educational, entertainment, industrial, financial activities, hospitals etc.
  • The important feature of the Act is that it envisages the setting up of Internal Complaints Committee at every office of the organisation or institution, having more than 10 employees, to hear and redress complaints pertaining to sexual harassment.
  • An aggrieved woman can file a written complaint to ICC/LC from three months from the date of the incident and in case of series of such incidents within three months from the last such incident. 
  • There is a prohibition on publication of identity of the aggrieved woman, respondent, witnesses, contents of the complaint, inquiry proceedings or recommendations of the committee, except information regarding the justice secured to any victim of sexual harassment.
Vishaka Guidelines
  • In 1997, the Supreme Court formulated the Vishaka guidelines making it mandatory for organisations, whether working in the private or public sector to establish a mechanism for redressal of sexual harassment complaints. 
  • The court, for the first time, drew upon an international human rights law instrument, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to pass a set of guidelines that are popularly known as Vishaka Guidelines, which include:
  • It shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent sexual harassment and to provide for the resolution and settlement mechanism. 
  • Unwelcome sexually determined behaviour & demands from males employees at the workplace, such as:
  • any physical contacts and advances
  1. sexually coloured remarks,
  2. showing pornography,
  3. passing lewd comments or gestures,
  4. sexual demands by any means,
  5. any rumours/talk at the workplace with sexually coloured remarks about a working woman, or
  6. Spreading rumours about a woman’s sexual relationship with anybody.
 
All employers should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation, they should take the following steps:
  • (a) Express prohibition of sexual harassment as defined above at the workplace should be notified, published and circulated in appropriate ways.
  • (b) The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
  • (c) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.
  • (d) Appropriate work conditions should be provided in respect of work, leisure, health, and hygiene to further ensure that there is no hostile environment towards women at workplaces. 

 

  • The Central/State governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector.
  • In particular, it should ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek the transfer of the perpetrator or their own transfer.