Sexual Harassment of Women at Workplace (POSH Act, 2013)

POSH Act, 2013 – Overview and Case Laws

Introduction

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is a crucial legislative framework designed to protect women from sexual harassment at the workplace. This Act aims to create a safe and respectful work environment, free from all forms of sexual harassment.

Background

Sexual harassment at the workplace is a pervasive issue that affects the dignity, safety, and well-being of women. Prior to the enactment of the POSH Act, various court judgments and guidelines, including the landmark Vishakha Guidelines (1997), laid the groundwork for addressing sexual harassment.

What is the POSH Act, 2013?

The POSH Act defines sexual harassment broadly, encompassing unwelcome behavior such as:

• Physical contact or advances
• Demand or request for sexual favors
• Sexually colored remarks
• Showing pornography
• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

The Act mandates that every employer with 10 or more employees must constitute an Internal Complaints Committee (ICC) to investigate and redress complaints of sexual harassment.

Case Laws: Deep Analysis

The following cases have played a significant role in shaping the POSH Act and its implementation:

1. Vishakha and the Birth of POSH: The landmark case of Vishakha v. State of Rajasthan (1997) led to the formulation of the Vishakha Guidelines by the Supreme Court.
2. C B Muthamma v Union of India (1979): This case highlighted the issue of gender bias in employment opportunities.
3. Medha Kotwal Lele v. Union of India (2012, SC): The Supreme Court directed the implementation of the Vishakha Guidelines.
4. Dr. Punita K. Sodhi v. Union of India: This case contributed to the broader context of women’s rights and workplace harassment.
5. Saurabh Kumar Mallick v. Comptroller and Auditor General of India (2014, Delhi HC): Related to the definition of workplace and extended workplace under the POSH Act.
6. Shanta Kumar v. Council of Scientific and Industrial Research (2017, Delhi HC): Dealt with the implementation of the POSH Act in scientific research institutions.
7. Union of India v. G. Girish (2019, SC): Contributed to the broader context of workplace harassment and the POSH Act.
8. Bidyut Chakraborty v. Delhi University (2019, Delhi HC): Dealt with the implementation of the POSH Act in educational institutions.
9. Punjab & Sind Bank v. Durgesh Kumar (2020, Delhi HC): Addressed the implementation of the POSH Act in banking institutions.

Recommendations and Implementation

To effectively implement the POSH Act, the following recommendations can be made:

• Awareness and Training: Employers should conduct regular workshops and training sessions.
• Constitution of ICC: Every organization should ensure that the ICC is constituted as per the Act’s requirements.
• Prompt Action: Employers should take prompt and effective action on complaints of sexual harassment.
• Zero Tolerance Policy: Organizations should adopt a zero-tolerance policy towards sexual harassment.

Conclusion

The POSH Act, 2013, is a significant step towards creating a safe and respectful work environment for women. Effective implementation requires a collective effort from employers, employees, and regulatory bodies.

References

1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
2. Vishakha v. State of Rajasthan, AIR 1997 SC 3011.
3. C B Muthamma v Union of India, AIR 1979 SC 1868.
4. Medha Kotwal Lele v. Union of India, (2012) 8 SCC 389.
5. Saurabh Kumar Mallick v. Comptroller and Auditor General of India, W.P.(C) 4919/2014.
6. Shanta Kumar v. Council of Scientific and Industrial Research, W.P.(C) 8989/2017.
7. Union of India v. G. Girish, (2019) 12 SCC.

Written By: Payal Sharma, Law Student