PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE
More and more women are getting into STEM — Science, Technology, Engineering and Maths — courses in India, resulting in them landing jobs in Corporate houses, especially in the It sector.
Hence, the proportion of women in leading corporate firms has increased considerably over time.
Yet, attrition rate — the percentage of employees who leave an organisation — Is also, in general, higher among women than men.
WHY ATTRITION RATE IS HIGH AMONG FEMALES?
Women leave organisations for many reasons:
- Societal pressure after marriage.
- Pregnancy, and post- pregnancy work-life balance.
- Sexual Harassment at workplace.
The reporting of cases under the PoSH act have gone up in the recent years after a brief dip during the pandemic.
THE GENESIS
- SC 1997 guidelines/Vishakha Guidelines: While hearing pleas filed against the crime, the SC noted the absence of any law that guarantee against “sexual harassment at workplaces”.
- The apex court laid down a set of guidelines to fill the statutory vacuum Till a law could be enacted.
- The PoSH Bill: It was introduced by the Women and Child Development Ministry in 2007. It went through several amendments and came into force on December 9, 2013, after being enacted by the Parliament.
KEY PROVISIONS
- Defines sexual harassment: To include unwelcome acts such as physical, verbal/non-verbal conduct – a demand or request for sexual favours, making sexually coloured remarks, showing pornography, etc.
- Defines an employee (not just in accordance with the company law): All women employees, whether employed regularly, temporarily, contractually, on an ad hoc or daily wage basis, as apprentices or interns, can seek redressal to sexual harassment in the workplace.
- Expands the definition of ‘workplace’: beyond traditional offices to include all kinds of organisations across sectors, even non-traditional workplaces (for example, telecommuting) and places visited by employees for work.
INTERNAL COMPLAINTS COMMITTEE
- The law requires any employer with more than 10 employees to form an ICC, where a formal sexual harassment complaint can be filed by a woman.
- Composition of ICC: It is required to consist of a minimum of four members (at least half of whom should be women):
- A Presiding Officer who has to be a woman employed at a senior level at the workplace.
- Two members from amongst employees and who have had experience in social work or have legal knowledge.
- One “External Member” from NGOs to pre-empt any undue pressure From senior levels.
LOCAL COMMITTEE
Besides, the Act mandates every district in the country to create a LC to receive complaints from women working in firms with less than 10 employees and from The informal sector, including domestic workers, etc.
ROLE OF ICC & LC
- These two bodies have to conduct inquiries in line with the POSH act and comply with the “principles of natural justice” stated in the Rules of the Act.
- A woman can file a written complaint either to the internal or local Complaints committee within three to six months of the sexual harassment Incident.
- There are two ways to resolve the issue by the committee –
- “Through conciliation” between the complainant and the respondent (which cannot be a financial settlement), or
- Committees could initiate an inquiry, taking appropriate action based on What it finds.
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