An insight into POSH Act

 

In our country about 38% of woman have faced sexual harassment at work place and 68.9% has refrained themselves from complaining about it.  It became essential to introduce such law which protects women form such atrocities. Sexual harassment at work place curbs the fundamental rights of woman which are article 14,15 and most importantly article 21. POSH (Prevention of Sexual Harassment at Workplace) act was introduced years later the infamous judgement came in the case of Vishakha and others v State of Rajasthan, 1997. Where a woman named Bhanwari Devi a social worker was gang raped while she was working to stop a cruel practice of child marriage widely prevalent at that time. This act was introduced to prevent, prohibit and redress acts of sexual harassment at workplace and it made Vishakha guidelines even more robust. These guidelines were instated by Ministry for Women and Child Development on 9 December 2013. This act defines terms like workplace, the extent of law, also guidelines are laid down, which will amount to sexual harassment and beneficiaries of this act. This act does not only include workplace but also vehicles and transport facility provided by the companies, protection of employees from non-employees like courier service, delivery persons etc. Also visits at different places by employees for work or any other thing associated with it. This act directs to establish an Internal Committee at every workplace with more than 10 employees and this committee will be responsible to hear and redress the complaints of sexual harassment. This act ensures all women are protected even though who do not meet the criteria of more than 10 employees. For that this act mandates establishment of Local Committee in every District. This committee is also responsible to conduct in depth inquiry of the complaints. POSH act also impel employer to conduct seminars to enlighten its employees regarding the act and provide POSH training to its employees as well. Non-compliance of this act’s guidelines can lead to stringent repercussions like a penalty of 50,000 RS, if extended can also lead to withdrawal of license or their registration to carry out business can be cancelled. Application of the POSH act makes “workplace” “work safe”. It encourages more and more employees to come forward and avail appropriate remedy for the trauma they have been faced. The POSH act was much awaited in the upliftment of women. This act became extremely importance after there was spur in the cases of sexual harassment at workplace. Even though after such stringent laws’ cases of sexual harassment at work place have been increased by 45% from 2014 to 2017. Work safety is an essential and indispensable requirement because without such an environment an employee will have no job satisfaction and it will also have grave effects on mental health of a person which will eventually degrade. A world-wide movement was started by Tarana Burke, an advocate for women in New York to empower women to come forward and speak about their experiences on an international level. It consists of women who have suffered sexual assault and violence at workplace, home, public place or in any other situation. Acts like POSH is introduced not only to prevent sexual harassment but also to empower them, so they can come out and speak without any fear and hesitation. 

-By Bhuwaneshi Gupta