Introduction
Those days are gone where men were the sole bread earners of the family. With the changing scenarios, the women have started to work and be self-independent. The increase of women in the workforce has lead to an increase in sexual harassment. It has been more than the four years since the implementation of Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [POSH] and even today we see the instances of sexual harassment at workplace. An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected with it.
Applicability
As per Section 2(o), the POSH Act applies to both the organized and unorganized sectors in India. It applies to government bodies, private and public sector organizations, non-governmental organizations, organizations carrying out commercial, vocational, educational, entertainment, industrial, financial activities, hospitals and nursing homes, educational institutes, sports institutions and stadiums used for training individuals and also applies to a dwelling place or a house.
What amounts to Sexual Harassment?
According to Section 2(n) of the POSH Act, sexual harassment includes anyone or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:- (i) Physical contact and advances; or (ii) A demand or request for sexual favours; or (iii) Making sexually colored remarks; or (iv)Showing pornography; or (v) Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.Duties of Employer
1. The primary duty of the employer is to make the workplace safe for the women employees.2. There should be an establishment of Internal Complaints Committee (ICC) in all offices/branches of the organization to which the act applies. The employer should monitor the timely submission of the reports by the Committee. The committee shall be created by an order in writing. The complaint of the incident of the sexual harassment has to be filed within three months from the date of the incident.
3. The contracts of the employees are to be made in such a way so as to make them legally bound for their acts of sexual harassment in the workplace. It is necessary for the employers to mention in the contracts of all the employees about the prevention of sexual harassment policies and their consequences. The penal consequences should be mentioned in a noticeable place and manner. It should also display the contact information of the Internal Complaints Committee.
4. The employer should conduct workshops and awareness programmes at regular intervals for sensitizing the employees with the provisions of the Act and orientation programmes for the members of the internal Committee.
5. The employer should help in filing the complaint of the incident of sexual harassment. The employer should make sure that the respondent and the petitioner should be present before the Committee.
Conclusion
Workplace sexual harassment infringes the right to equality and right to life which is provided under Article 14 and 21 of the Indian Constitution. Sexual harassment creates an insecure environment around the female employees which will do affect the performance of the employees. Apart from the performance at work, these types of incidences adversely affect physical and emotional growth. As per Article 15 of the Indian Constitution, the state has the authority to make special provisions related to women and children. For upliftment and betterment of the women, it is important to provide a safer environment for them at the workplace.