The Prevention of Sexual Harassment at Workplace (POSH) Act, 2013, was established to provide a safe work environment for employees by prohibiting and addressing instances of sexual harassment. While the POSH Act is often viewed within the confines of employees working within the same department, the scope of the Act is, in fact, broader. It covers any act of harassment occurring in the workplace, irrespective of departmental boundaries. Consequently, if a victim experiences sexual harassment by an individual from a different department, they have every right to invoke the POSH Act for redressal.
This article delves into the legal nuances of the POSH Act as it applies to harassment cases across departments and explains how the Act upholds the rights and safety of employees throughout the organization.
Overview of the POSH Act
The POSH Act provides a legal framework to prevent sexual harassment in workplaces, mandates that employers ensure a safe environment, and establishes an Internal Complaints Committee (ICC) to address complaints. The Act’s guiding principle is to create a safe working environment free from harassment, irrespective of the source or department of the perpetrator.
Scope of the POSH Act: No Departmental Boundaries
The POSH Act defines “workplace” broadly, encompassing not just physical spaces but also places connected with work, such as transportation provided by the employer or any area where employees are present for official purposes. This inclusive definition means that interactions between employees of different departments are covered under the Act, ensuring that departmental boundaries do not restrict protection against harassment.
Section 2(o): Workplace Defined
According to Section 2(o) of the POSH Act, the term “workplace” includes not only the immediate office or department but extends to any space under the organization’s control where an employee is required to be for work purposes. The Act’s protections thus encompass all employees within the organization, ensuring that harassment from an individual in any department is addressed under the same regulatory framework.
Legal Position on Interdepartmental Harassment
Sexual harassment under the POSH Act is defined broadly to include unwelcome physical, verbal, or non-verbal conduct of a sexual nature. The Act does not specify that harassment must occur within the confines of a single department. Instead, it addresses any harassment within the “workplace,” recognizing that in a collaborative environment, employees from different departments often interact.
Filing a Complaint Against a Perpetrator from Another Department
Victims of harassment by individuals in other departments have the same right to invoke the POSH Act as victims harassed by colleagues within their department. The complaint process remains the same, with the Internal Complaints Committee (ICC) playing a crucial role in receiving, investigating, and addressing complaints. Here’s how the process typically works:
- Filing the Complaint: An aggrieved woman may submit a written complaint to the ICC within three months of the incident. The ICC, as per POSH Rules, 2013, must acknowledge the complaint and commence an inquiry within seven working days.
- Investigation Process: The ICC’s inquiry process remains impartial and must focus on the nature of the complaint rather than departmental association. The ICC is empowered to gather evidence, interview witnesses, and analyze data to determine the truth of the allegations.
- Right to Fair Hearing: Both the complainant and the respondent have rights to a fair hearing. The ICC ensures that both parties can present their case, regardless of departmental affiliations.
- Remedies and Redressal: Upon concluding its inquiry, the ICC may recommend disciplinary action against the respondent if found guilty. Actions may include termination, suspension, or other penalties in line with organizational policies. The ICC can also recommend compensation to the complainant if necessary.
Protection and Rights Under the POSH Act
- Protection of Identity: The POSH Act ensures confidentiality for both the complainant and respondent throughout the investigation, regardless of their departmental association. Revealing the identity of the parties is punishable, ensuring that victims feel safe to report incidents without fear of retaliation.
- No Bias in Inquiry: The ICC’s role is neutral and unbiased, focusing solely on the facts of the case rather than departmental loyalties or hierarchy. In cases where bias is suspected, parties can escalate the complaint to higher management or pursue legal remedies.
- Supportive Mechanisms for the Victim: Organizations must provide supportive mechanisms, including counseling, paid leave, and even relocation if necessary, to protect the victim from further harm, especially if the alleged harasser is in another department where interaction may continue.
Judicial Interpretations Supporting Interdepartmental Complaints
Courts in India have consistently upheld the broad and inclusive intent of the POSH Act. In Vishaka & Others v. State of Rajasthan (1997), the Supreme Court emphasized the importance of safeguarding employees from sexual harassment in all forms, underscoring that such protection is not limited to departmental or hierarchical boundaries.
Furthermore, courts have interpreted the provisions of the POSH Act broadly, stressing that the term “workplace” should include any place connected with employment to ensure comprehensive coverage for all employees.
In Saurabh Kumar Mallick v. Comptroller & Auditor General of India (2008), the court held that workplace protection is not limited to an employee’s direct environment but extends to any place where they interact with co-workers in their official capacity. This interpretation further solidifies the right of employees to seek redressal under the POSH Act when harassed by individuals from different departments.
Employer’s Responsibility and Preventive Measures
Employers are responsible for creating a safe workplace and fostering a culture where interdepartmental harassment is not tolerated. Measures include:
- Awareness Programs: Regular training on the POSH Act helps employees understand their rights and responsibilities, encouraging a respectful workplace.
- Clear Reporting Mechanisms: Employers must ensure that employees are aware of complaint procedures, even if the alleged harasser is in a different department.
- Monitoring and Vigilance: Employers are encouraged to take proactive steps by monitoring workplace interactions and conducting regular assessments to identify potential areas for concern, ensuring prompt action against any signs of harassment.
Conclusion
The POSH Act’s primary objective is to protect employees from sexual harassment at the workplace in its broadest sense, providing no exemptions based on departmental lines. Victims have full recourse to the Act, even when harassed by individuals from other departments. Employers and ICC members must approach interdepartmental harassment complaints with the same seriousness, ensuring that the inquiry process is fair, unbiased, and confidential. By reinforcing these protections, the POSH Act upholds the fundamental right of every employee to a safe and dignified work environment, free from the threat of sexual harassment.