SEXUAL HARASSMENT AT WORKPLACE - (Blog)


 Introduction

Sexual harassment at workplace is a violation of woman’s right to liberty, life or equality. Because of this reason women don’t feel secure at a workplace and which results, that women don’t participate in all the works, the opportunities they could get. It effects their social and economic empowerment.

On this basis, legislature formulated the sexual harassment of woman at workplace (Prevention, Prohibition and redressal). This kind of legislation was in a great need when a case Vishaka vs state of Rajasthan came forward. There was absence of law at that time, so providing measures to check the evil of sexual harassment of a working woman, Supreme Court, exercised power under article 32 of the constitution, framed guidelines which is to be followed at the workplace, until legislation is enacted for this purpose.

Suppose caste being forward rights under the constitution which are art. 14, 15,19(1)(g) and 21 and provision of convention on elimination of all kind of harassment against women which has been ratified in 1993 by government of India. Guidelines lead by Supreme court were to be treated as law declared under article 141 of the constitution. 

Analysis of “POSH ACT’’ and rules

When a case of Vishaka came forward after sixteen years the sexual harassment of women at workplace (Prevention, Prohibition and redressal) act, 2013 the act was enacted with the objective to provide protection against sexual harassment of women at workplace, prevention of sexual harassment and for matter connected therewith.

Definition of sexual harassment

The act defines the term sexual harassment as an unwelcome act or behaviour (whether directly or by implication), physical contact, making sexually coloured remarks, showing pornography and request for sexual favours. A physical contact which has no undertaking of a sexual nature and is occasioned by the gender of complaint may not necessarily amount to sexual harassment. This act basically envisages the setting up of internal complaints committee at every office of a workplace or an organization having more than 10 employees to hear and redress the complaints pertaining the sexual harassment. And where the murder of employees is   less than 10, the act provided for setting up of a local committee in every district by the district officer, when the committee inquire this kind of complaint it shall have the same power as held by the civil court. As in the case of Ruchika Singh Chhabra vs M/s Air France India and Anr. “…. directed that ICC must be constituted in a strict compliance with the requirements under law.’’ An aggrieved woman can file a complaint to ICC/LC till 3 months, after the incident takes place. But when the aggrieved woman is physically incapable, suffering from a kind of mental disorder the complaint can be made by her legal heirs or such other person, described in rule 6 of the sexual harassment of the woman at workplace. 

On receiving the complaint, committee before making an inquiry, may take some steps to settle the matter between her and respondent through conciliation and when settlement occurs, thereafter no inquiry is made further.

When both the parties are employers/worker, principle of natural justice is followed, both the parties are heard and opportunity is given to make representative against the committee. Within a duration of 90 days the committee complete its inquiry about the whole incident.  After completion of inquiry committee has to provide the report of its findings before district officer or concerned parties.

When allegations are proved against the respondent, committee has to recommend the employer/district officer to take actions of sexual harassment as misconduct in accordance with the provision of service rule have become made, as prescribed in rule 9 of the rules and to pay such sum to aggrieved woman as it considers appropriate, in accordance with the provision of section 15, from the salary of respondent. The officer act upon the recommendation within 60 days. If the complaint filed is false or made due to malicious intention may recommend to employer.

An appeal can be filled against the recommendation made by the committee before the court or tribunal, within 90 days from the recommendation, the accordance with the service rule and absence of service rules and ser of rules to appellate authority under section 2 of the industrial employment act, 1946.

There is the prohibition for publishing of the aggrieved woman, or contents of complaint, witnesses, inquiry proceeding or recommendation of the committee, except information regarding the justice secured to any victim of sexual harassment.

 Conclusion

Even through the introduction of the act since 2013, the awareness regarding consequence of sexual harassment and its redressed against the same is limited. The effective implementation of POSH ACT not only requires creating an environment where the woman is safe to work, the work somewhere without any fear, any get justice sensitization of men towards treatment of women at workplace is equally necessary.                            

           -Akshu                                   

           Lloyd Law College       

 


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