POSH Law in India
This Article Talks about how the POSH Law came into existence in India. Let’s Read to find out the history behind the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act’ that was passed in the year 2013. Later in the article we will also discuss about the current scenario of sexual harassment of women in India and what can we do towards the same.
We all know how in today’s time women’s safety is a topic of major concern. In the 21st Century, every passing day we encounter number of women who are working day and night to become independent individuals, but at what cost? The cost that these women have to pay is in the form of lack of security of their jobs and moreover the lack of safety at the workplace.
Sexual Harassment at workplace is a common phenomenon that we all must have heard of but the question is do we have any specific laws to safeguard the women who unfortunately have to go through such unwelcoming incidences in their day to day life.
So to ensure women’s safety at workplace, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act’ was passed in the year 2013. It was implemented to prevent and protect women from sexual harassment at the workplace and thereby ensure a safe working environment for women.
But How Did the POSH Law Evolve?
Back in time, in the year 1992, Bhanwari Devi who employed with the rural development program of the Government of Rajasthan, was viciously gang- raped because of her efforts to stop the then prevailing practise of child marriage in support of the government’s campaign against child marriage. Bhanwari’s husband was attacked by a group of 5 men who also brutally raped her with an intent to seek revenge from Bhanwari. However, the rape survivor did not get justice from the courts and the rapists were allowed to go free because of the great political/social influence of the family of the accused.
A Women’s rights group named Vishaka which consisted of Lawyers and women’s rights activists, collectively filed a public interest litigation (PIL) in the Supreme Court. The Supreme Court, considering such grave concern, acknowledged the serious legislative shortcoming and acknowledged workplace sexual harassment as a violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment.
See also: Corporate Social Responsibility and Human Rights Advocacy
Thus, The Vishaka guidelines were laid down by the Supreme Court in the year 1997. The Vishaka guidelines were legally binding and defined sexual harassment and imposed three key obligations on institutions — prohibition, prevention, redress.
The Supreme Court directed the establishment of a Complaints Committee, which would look into matters of sexual harassment of women at the workplace.
As per the Vishaka judgment, ‘Sexual Harassment’ includes such unwelcome sexually determined behaviour (whether directly or by implication) as:-
- Physical contact and advances
- A demand or request for sexual favours
- Sexually coloured remarks
- Showing pornography
- Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Impact of cases in India
Post Vishaka case, two important cases came up which strengthened the legal framework for workplace sexual harassment. First one was the Apparel Export Promotion Council v. A.K. Chopra (1999), in which the court enlarged the definition of sexual harassment to state that “physical contact is not always essential for an act amounting to workplace sexual harassment.” Sexual harassment is seen as any ‘unwelcome’ act.
The Second case was the Medha Kotwal Lele & Ors v. Union of India & Ors (2013), in this the Supreme Court placed emphasis on States to follow the Vishaka Guidelines and to ensure its effective implementation. Further, the court asserted that if the guidelines are not complied with, then the aggrieved persons or the victim could approach the High Courts.
Impact of the POSH Law
The POSH Law has a three-fold effect :-
1. Prevention of a hostile work environment: Being exposed to sexual advances and harassment affects one’s sense of security, health, and mental stability. In instances where it occurs daily, it can cause psychological damage to the women and it may lead to an unstable, unhealthy life. The POSH Law and various judgements have been a saviour in this regard.
2. Understanding Unwelcome behaviour: The debate on advances being welcome and unwelcome is a never-ending loop. In the Report of the Committee on Amendments to Criminal Law headed by the late Justice J.S. Verma (Author of the Vishaka Judgement), unwelcome behaviour was discussed as follows:
“In determining whether the behaviour or act complained of is unwelcome, one of the factors to be given due weight shall be the subjective perception of the complainant.”
3. Quid Pro Quo Harassment: The key element of Quid Pro Quo Harassment is when a demand for a sexual favour is requested based on a threat of consequences for the job at hand. The person making threats is usually placed at a higher rank and the consequences may range from demotion in position or wages to loss of maternity benefits etc. Now, under the POSH Law all the the woman has to prove is that the threat was made in the first place.
Did You Know?
SHe-Box
The Ministry of Women & Child Development had launched Sexual Harassment electronic Box (SHe-Box) to provide single window access to every woman, irrespective of her work status, whether working in the organized or unorganized, private or public sector, to facilitate the registration of complaint related to sexual harassment.
Any woman facing sexual harassment at the workplace can register their complaint through this portal. Once a complaint is submitted to the ‘SHe-Box’, it will be directly sent to the concerned authority having jurisdiction to take action into the matter.
What is the current scenario of sexual harassment in India?
Sexual harassment can happen at any time and at all levels of a business. Sexual harassment can be spoken or written, visual or physical acts. In today’s time sexual harassment can occur in person, through text messaging, or online through email, internet chat rooms or other social media channels.
Even after having stringent laws for safeguarding women, it’s the sad reality that they have to face so much. Women get to hear sexual remarks or jokes, sometimes actual threats of being overlooked for work opportunities or promotion, if you say no to your boss’s advances, unwelcome touching, patting, or pinching by your boss, co-worker or customer, regular hassling for a date or being followed home by a co-worker, receiving sexually offensive images, including screen savers of a sexual nature or even getting asked intrusive questions about their sex life.
One of the major reasons behind sexual harassment is the silence of the victims. In the cases where women become the victim, in majority of the situations, she keeps things to herself. It’s time we empower women to feel free to come up and address their own issues. The impact of sexual harassment leads to professional as well as private loss. Professional loss encompasses decreased performance and increased absenteeism which leads to loss of pay.
Other impacts include withdrawal of interest in work, separation, feeling of being objectified, missing out on promotional opportunities, being ostracized, and having to look for a new company or place to work. This ultimately leads to unnecessary career fluctuation.
Personal loss due to harassment involves anxiety, mental issues, panic attacks, stress, and headaches. These may lead to victims taking extreme steps such as consuming sleeping pills or attempting suicide. The victims sometimes have to switch to anti-depressants to avoid loss of motivation, feeling powerless, losing self confidence, and inability to trust people. These people may end in isolation and withdraw from social gatherings.
Having discussed the impact of sexual harassment on women, we must also consider Men and other genders as they are also victims of such harassments and unfortunately their ration is even less than women when it comes to opening up about their issues.
The ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act’ that we discussed is women centric however the POSH act suggests the ICC of the companies to make policies to safeguard men aswell.
Image Credit: NyayaSarthak (LinkedIn)
About the Author
Shreya Chopra is a passionate law enthusiast and dedicated social worker. She is pursuing law stems from her deep conviction that it serves as a powerful tool to combat inequalities & uphold human rights. She seeks to enhance understanding of the law through blogging and social campaigns.
