PoSH Act Updates: SC issues directions for effective PoSH implementation

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) (PoSH) Act, 2013 was implemented a decade ago. It aims at protecting women from workplace harassment. However, recent developments have exposed serious lapses in its implementation. In the latest development in PoSH Act, the Supreme Court expressed its concern about the state of affairs of PoSH implementation. Therefore, the Court has issued a set of directions to strengthen its enforcement. 

It is crucial that HR professionals, workplace leaders, and founders like you stay updated on this significant development as these directions issued by the SC apply to workplaces all over India. They will help to ensure that the following objectives of the PoSH Act are met:

• To create a safe and dignified workplace for women
• To prevent sexual harassment of women in the workplace
• To provide a mechanism for the redressal of complaints of sexual harassment
• To create awareness about the provisions of the PoSH Act.

The Supreme Court’s decision is a significant step towards achieving these objectives. It is important that all organizations comply with the directions issued by the Court in order to ensure that the PoSSH Act is effectively implemented and that working women are protected from sexual harassment at their workplaces.

In this blog post, we delve into SC’s observations, the challenges faced by victims, and the crucial need for robust implementation to ensure dignity and safety for women in the workplace.

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Serious Lapses in Implementation

The Court expressed its disquiet over the “serious lapses” in the implementation of the PoSH Act, even after a decade since its enactment. A recent report by The Indian Express highlighted that 16 out of the 30 national sports federations in India have failed to constitute an Internal Complaints Committee (ICC) as mandatorily required by the law. 

Where ICCs were in place, they often lacked the mandated number of members or the essential external member. The court termed this situation a “sorry state of affairs” and recognized the urgent need for corrective measures.

The Impact on Victims

The Court rightly observed that sexual harassment takes a toll on the victim’s self-esteem, mental health, and physical well-being. However, victims often hesitate to report such misconduct due to uncertainty about the redressal process under the PoSH Act. Lack of confidence in the process and its outcomes further contributes to underreporting. This social malady not only affects women’s lives but also hampers their professional growth, as some may even drop out of their jobs. It is imperative to address these concerns and restore faith in the system.

The Importance of Awareness and Education

To address the shortcomings and strengthen the implementation of the PoSH Act, the Supreme Court emphasized the significance of creating awareness among victims. They should be informed about the complaint registration process, the functioning of ICCs/Local Committees/Internal Committees, the potential consequences for perpetrators, and the remedies available to dissatisfied complainants. By disseminating this information effectively, women will gain a better understanding of their rights and the redressal mechanisms available to them.

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Directions for Strengthening Implementation

To fulfill the promise of the PoSH Act for working women across India, the Supreme Court issued several crucial directions. These include:

1. The Central and State government shall conduct a “timebound exercise” to verify the constitution and composition of ICCs/LCs/ICs across Ministries, Departments, Government organizations, authorities, Public Sector Undertakings, institutions, bodies, and all organizations that are workplaces under the PoSH Act.
2. Ensure easy access to information about ICCs/LCs/ICs, contact details, complaint filing procedures, and relevant rules and regulations by publishing the same on the respective organization’s website.
3. Conducting similar exercises to ensure compliance with the Act in professional bodies, educational institutions, hospitals, and nursing homes.
4. Employers/management/authorities must take “immediate and effective steps” to familiarize members of ICCs/LCs/ICs with their duties and the inquiry process through effective training programs.
5. Employers/management/authorities must conduct regular orientation programs, workshops, seminars, and awareness campaigns to educate members of ICCs/LCs/ICs, women employees, and women’s groups about the provisions of the Act.

The Road Ahead

Strict enforcement and a proactive approach are crucial for the PoSH Act’s objectives of providing dignity and respect to women in the workplace. A hostile, insensitive, and unresponsive working environment will render the Act ineffective. It is the responsibility of all organizations to ensure that the goals of the PoSH Act are met.

Conclusion

The recent observations by the Supreme Court highlight the urgent need to rectify the serious lapses in the implementation of the PoSH Act. It is essential to create awareness, educate victims, and strengthen the enforcement regime to guarantee the safety and dignity of women in the workplace. By adhering to the directions issued by the court, both state and non-state actors can contribute to creating a work environment that fosters respect, equality, and inclusivity for all employees. It is time for concerted efforts to realize the true potential of the PoSH Act and empower women to thrive professionally without fear of harassment.

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How can Ungender help you?

It is crucial to mention here that non-compliance with the provisions of the PoSH Act could lead to penal consequences laid down in the Act. Further, an unsafe workplace lowers your team’s trust in the organization, creates unrest, and reduces productivity and engagement.

At Ungender, our team of experts supports you with your end-to-end PoSH compliance. Under our PoSH compliance services, we provide support with:

• PoSH policy
• Assistance with forming the ICC
• Awareness and training programs
• External member nomination
• Case investigation and inquiry

In case your organization hasn’t yet started with its PoSH compliance, leave us a message and we’ll get right back to you.