Neeta Verma
Workplace sexual harassment is a pervasive issue that undermines the dignity and well-being of employees, particularly women. Globally, this issue has gained significant attention, leading to the formulation of various legal frameworks to combat it. The enactment of the Act was a significant milestone in the fight against workplace sexual harassment. Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, commonly known as the POSH Act, strict guidelines have been issued by the government to ensure the safety and security of women in workplaces, schools, colleges, and all institutions, allowing them to work without fear. The Act mandates compliance in any place where 15 or more people are working or studying.
In 2013, Section 354(A) of the Act was implemented to ensure equal rights for women and prevent any form of discrimination. Under this provision, if a man engages in making indecent remarks, or any unauthorized photography of a woman, the committee formed by the institution is authorized to take action against him. However, there are instances where the committee itself is unaware of the provisions of Section 354(A) and makes erroneous decisions, resulting in damage to individuals’ careers and reputations. In some cases, such actions have led individuals to commit suicide.
The root cause of these incidents lies in the lack of legal awareness among the people. While many higher educational institutions have implemented the Sexual Harassment Act under UGC guidelines, they lack adequate awareness, leading to minor mistakes being misconstrued as violations of the Act. Students who study away from home after 12th grade, often lack the necessary information, resulting in unintended infractions.
Despite the robust framework, underreporting of sexual harassment cases remains a significant challenge. Fear of retaliation, social stigma, and lack of awareness deter many women from coming forward. Due to which in several cases, there is insufficient evidence to substantiate the women’s complaints. In such situations, the committee should refrain from making unilateral decisions swiftly. Sometimes, the Act is misused as a weapon, but to address this issue, the W.P.C (5114) Act was introduced in 2015, which includes provisions for punishing women who file false complaints, with penalties including imprisonment.
The committee should strive to mediate and resolve issues through dialogue. The committee’s decision is not the final recourse for any individual; if dissatisfied, they can approach the police station or the court. The court’s decision is binding on all parties.
Due to the misuse of the Act, teachers, students, and male officers often refrain from commenting on women’s mistakes, which can deteriorate the administrative system and also refrain from having confidential conversations. False allegations can severely impact workplace dynamics. They create an atmosphere of mistrust and fear among employees. The accused, even if eventually exonerated, may suffer irreparable damage to their professional and personal lives. Additionally, the morale of the workforce can be affected, leading to a decline in productivity and a toxic work environment. To prevent the misuse and strengthen the impact of the Sexual Harassment Act, it is imperative to raise awareness campaigns, Comprehensive training for employees and ICC members on recognizing and handling sexual harassment can help ensure that the Act is used appropriately. Regular workshops and sensitization sessions can promote a better understanding of the provisions of the Act and the importance of integrity in filing complaints on a priority basis.
Sexual Harassment at the Workplace raises numerous questions, and often, even committee members lack comprehensive knowledge about the Sexual Harassment Act. It is crucial to understand that this Act has been legally established, and committee members must not subject any individual to mental harassment in the presence of other parties. Working with bias or retaliatory motives is incorrect. Frequently, due to lack of evidence, innocent individuals are punished while the guilty go free. This misuse of the law occurs due to insufficient evidence and improper committee formation.
In environments with a high number of educated individuals, especially in government institutions and workplaces, the misuse of the Act is more prevalent. Any decision made by the committee should be reported to the higher authorities of the institution. If a wrong decision under the Sexual Harassment Act leads to incidents such as suicide, and it is proven during investigation that the deceased was subjected to mental harassment, criminal charges can be filed against the committee members under the Criminal Act, and they may face imprisonment.
There is often a question raised during legal awareness sessions: “Are all murderers counseled? No, they are imprisoned and sometimes even sentenced to death.” However, we cannot compare this with the Sexual Harassment Act, as it is not implemented under UGC guidelines in educational institutions, nor are there committees formed for its prevention. Such crimes are addressed by the police and courts.
The Sexual Harassment Act was created to prevent such incidents, and it includes provisions for awareness and counseling to provide security to women. Any decisions under this Act must ensure fairness and the mental well-being of all parties involved to prevent misuse and ensure justice.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act is intended to address incidents that occur within the institution, organization, or any workplace. Complaints under this Act should pertain to events that take place within the workplace. If individuals from the same workplace are involved in incidents outside the workplace, these external events cannot be addressed under the Sexual Harassment Act within the workplace. For such external incidents, one should approach the police.
The Sexual Harassment Act has specific boundaries, and it cannot be used for personal matters outside the workplace. The Act is not applicable for private conduct and cannot be misused for personal grievances.
The POSH Act represents a significant step towards ensuring a safe and equitable workplace for women in India. While the Act has brought about substantial changes, ongoing efforts are required to address challenges and enhance its effectiveness. Continued vigilance, awareness, and commitment from all stakeholders are essential to realize the full potential of the POSH Act and create a harassment-free work environment.
(The author is Member, Supreme Court Bar Association of India)
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