Are You A Victim Of Sexual Harassment At Workplace?

KNOW YOUR LEGAL RIGHTS 

Herein, we would be discussing sexual harassment of women at the workplace, in India w. r.t. the Prevention of Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Also known as the POSH Act.

Present-day India is evolving on the social front: positively or negatively; is a matter of perception. With globalization and self-awareness among Indian women, our social structure is witnessing a major change, with a greater number of women, now venturing out of the houses seeking financial independence and self-reliance. “Beti padhao beti bachao” jargon is leading to a greater number of families becoming aware of the importance of educating the girl child. Also, an extra hand to contribute financially in the family structure is the incentive. But change takes time to assimilate in the social n psychic structure of any society; predominantly in a patriarchal society, like ours. Because of this there are major sections in male population in India who are and will take time to accept the equality of women in social sphere. As also the new generation tends to step towards extremism, that in turn creates reaction on both sides of the coin i.e., when women become too unnecessarily assertive as also when men unnecessarily tend to grab on to their control. Maintaining a balanced is the key. A disturbance of balance in nature always has repercussions which are generally negative. So, when we talk of female empowerment, we must be mindful of the fact that we should not move towards a scenario where one has to work towards male empowerment likewise. So, balance in equality of treatment, and not opportunism and taking undue advantage of the feminism wave in India …. would go a long way in ensuring social equilibrium in our society.

That being the scenario let us examine briefly some of the salient features of the POSH Act, 2013 that has been enacted to deal with sexual harassment of women at workplace. This enactment recognizes the right of women in India to live a life of dignity n equality by exercising their right to practice any profession without the fear of sexual harassment. This Act was the need of the hour in India because of so many cases of misconduct against women at the hands of male colleagues and bosses at the workplaces. This being the scenario because, as discussed earlier, accepting change takes time and in the mean while there have to be safeguards in place at workplaces so that a woman does lose out at empowering and asserting her career ambitions.

This enactment enables an aggrieved woman to file a written complaint against any kind of sexual harassment she faces at her workplace. The complaint has to be made to the Internal Complaints Committee (ICC) of her workplace or the Local Committee of her District (in case of absence of ICC). The complaint has to be made within three months from the date of incident (which period is extendable by a further three months).

Even a woman who is not an employee at the workplace but is visiting the workplace and faces sexual harassment, therein, is empowered to file such a compliant. However, family member of the household does fall under the definition of the domestic worker within the meaning of the POSH Act, 2013.

There is an option of Conciliation between the Complainant and the Respondent, at the instance of the complainant (aggrieved woman). But the enactment rules out any kind of monetary conciliation between the two parties. 

If the Respondent is found guilty, he has to be dealt with in accordance with the Service Rules of the workplace, that is to say, every workplace within the meaning to the Act, 2013 has to provide for such rules explicitly. In case the aggrieved woman is a domestic worker, her complaint is forwarded to the police for registering a complaint under Sec. 509, IPC (the offence is cognizable, bailable and compoundable by that woman).

During pendency of Inquiry post her Complaint, the woman is entitled to a leave of three months, in addition to a leave she is otherwise entitled to.

The POSH Act, prohibits the publication, communication or making known to the public, press or media: any contents of the Complaint; the identity/addresses of the aggrieved woman, witnesses or the respondent; contents of conciliation or inquiry proceedings. The penalty for such contravention lies on the person entrusted with the duty to handle or deal with the complaint or inquiry. Such information cannot be asked for even under Right to Information Act, 2005.

Also, where an employer fails to constitute ICC, he shall be punishable with fine up to fifty thousand rupees.

So POSH Act, 2013 provides for explicit measures to prevent, prohibit and redress sexual harassment of women at workplace.

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