PoSH Updates: Constant need for change in the PoSH policies

Any law is as good as its implementation and then the monitoring of its implementation. For workplaces- the organized and unorganized, Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, more commonly known as the PoSH Act, was enacted in 2013. The legislature aimed to prevent, prohibit, and provide redressal for workplace sexual harassment for women associated with workplaces. 

This update is important for two people to read: one, for HR leaders, as they are the ones who oversee the effective implementation and monitoring of the PoSH Act in the work ecosystem, and two, for women professionals who are fighting against these barriers every day. 

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In an ever-evolving legal landscape, laws, rules, and regulations play a crucial role in shaping society and safeguarding its interests. PoSH Act, 2013 is one such legislation that even after being comprehensive still has loopholes. 

Justice B Vijyasen Reddy, Telangana High Court:

“While the POSH Act is very comprehensive, we still have sexual harassment cases. In the urban context in corporate and multinational offices, the complaints are more of quid pro quo types (salary hikes depends on acceptance of sexual advances), in the rural landscape like the farm sector it translates into a hospital environment that leads to safety issues. There are no local compliance committees and women are reluctant to complain fearing loss of jobs or a hostile environment. This is one area where PoSH has not reached at all.”

These loopholes can be two-fold, one being in the urban context and the other in a rural context. Let’s dive a little deeper into them here:

Urban Context

When we say Urban Context, we mean working professionals of Tier I, II, III, and IV cities. With the changing dynamics of the working environment, our laws should also be upgraded and updated. There has been a significant shift from working from the office to working from home or the hybrid culture. This has brought out the need for integration of the IT Act and the PoSH Act. Cyber security has become the need of the hour in the changing working space. 

Another pertinent issue is ‘quid pro quo sexual harassment at the workplace.’ This form of harassment  when someone in a position of authority over another demands sexual favors in exchange for some benefit ( like a promotion, pay rise, etc.) In this situation, women are reluctant to make a complaint because they fear retaliation in some or the other form.

Also read: PoSH Updates: Accused cannot participate in complainant’s appraisal process

Rural Context

When we say rural context, we mean working people from the informal sector. Indian laws may be effective but they lag behind when it comes to proper implementation. One such law is the PoSH Act which has failed to consider the experiences of working women in the informal sector. It is mandatory for state governments to form local complaint committees (LCC) in each district but states are unresponsive to this compliance. Even if some state governments have formed LCCs, then there is a lack of awareness among women about it. States need to take more active steps to raise awareness against workplace sexual harassment.

Recommendations

We have seen a significant shift in the kind of professions women are aiming towards. To complement the shift we need active changes in the policies.  Here are some of the recommendations:

1. Strengthening the existing mechanisms like LCC under the PoSH Act, 2013 is imperative. 
2. Ensuring effective implementation of the compliances in the urban as well as the rural context. 
3. Spreading awareness among the working professionals of unwelcome behavior and acts. There is a need to hold PoSH awareness sessions, training sessions, and gender sensitization sessions. 
4. There is a huge need for sex education in schools and colleges is extremely vital to ensure healthy boundaries and to promote respectful interaction.

Also read: PoSH Act: Nearing a Decade but missing the Mark?

How can Ungender help you?

At Ungender, we understand the importance of proper implementation and monitoring of the PoSH policies in a workplace setup. Our team expertise, in tailoring policies and procedures as per the needs of the organization and the team members. Get in touch with us for your PoSH compliance.

Written by: Aarshi Katiyar