Sexual Harassment Violates Women’s Rights Under Articles 14, 15, and 21
Article 21 of the Indian Constitution grants the right to life and liberty, which includes the right to live with dignity. Employers must treat women with due respect, decency, and dignity at the workplace. To create an enabling working environment for women, the government enacted the Sexual Harassment of Women at Workplace Act in 2013, also known as POSH (Prevention of Sexual Harassment).
Indian law treats sexual harassment of women at the workplace as a cognizable and bailable offence. Although the POSH Act does not explicitly categorize the offence as bailable or non-bailable, it operates within the broader context of IPC provisions that classify it as bailable.
The act defines ‘Employer’ in sec 2(g) which states who is the responsible entity who will be treated as an employer in different case scenarios.
- Head of the entities related to appropriate government or a local authority will be considered as employer. If any other officer is specified in an order as an employer, then he will be the employer.
- For workplaces defined in sec 2(o) which are not included above, the person who is responsible for the management, supervision and the control of the workplace will be considered as an employer.
- Employers also includes the person who is discharging contractual obligations with respect to his employees
- In case of a residence or house, person or household who employs domestic workers.
Every employer has specific duties to uphold. First and foremost, the duties outlined in the POSH Act serve as legal obligations. Moreover, they are crucial for fostering a healthy workplace culture. By protecting employees’ rights, employers create a positive environment. Ultimately, fulfilling these responsibilities ensures the long-term success of organizations in India.
- Constitution of Internal Complaints Committee : It is a duty of the employer to constitute an Internal Complaints Committee by an order in writing. The committee must be formed by ensuring that all the requirements outlined in Section 4 of the Act are met.
- Conciliation Recommendations : Section 10 of the Act addresses settlement. If the Internal Committee reaches a settlement at the aggrieved woman’s request before initiating an inquiry, the employer must take action according to the settlement terms the committee provides.
- Action during pendency of inquiry : Employer shall implement the recommendations made by the the Internal Committee or Local Committee made under sec 12(1) which includes : a) Transfer of the aggrieved woman or respondent b) Grant leave to the aggrieved woman upto 3 months c) Grant such other relief to the aggrieved woman as prescribed.
- Actions after inquiry : As per sec 13, Employer shall act upon the recommendations given by the committee within 60 days of its receipt by him. Employer should take actions in accordance with the service rules. However, If no such service rules are created, employer should take actions in the manner as prescribed. The committee can recommend that the employer deduct an appropriate amount from the respondent’s salary or wages. This amount should then be paid to the aggrieved woman.
- Actions for false or malicious complaint and false evidence : According to Section 14, if the committee determines that the allegations or evidence are false, it may recommend that the employer take action based on the service rules. If the employer has not created such service rules, then the employer should take action as prescribed.
- Include information in annual report : Employer shall include the number of cases filed and their disposal under this act, in its annual report. He should intimate the such cases to the District Officer, if such annual report is not required to be prepared.
- General Duties of Employer :
- Provide safe working environment at workplace including safety from persons coming in contact.
- Display penal consequences of sexual harassments & the order constituting Internal Committee.
- Organise workshops & awareness programmes for sensitising the employees.
- Provide necessary facilities to the Internal Committee or Local Committee for dealing with complaint & conducting inquiry.
- Assist in securing attendance of respondent and witnesses.
- Make information available to the committee with regards to the complaint.
- Provide assistance to woman if she chooses to file complaint under IPC.
- Initiate action against the perpetrator under IPC, if the aggrieved woman desires. Employer should cause to initiate action on the women’s request, even if perpetrator is not an employee and the incident happened in the workplace.
- Listing of sexual harassment as a misconduct in the service rules & initiate actions as discussed for such misconduct.
- Monitor the timely submission of reports by the Internal Committee.
These duties collectively promote a proactive approach to preventing sexual harassment in workplaces across India. Consequently, employers must take responsibility for maintaining a safe environment for all employees.
Penalties for non-compliance : Sec 26 of the act talks about the penalties where the employer fails to constitute an Internal Committee, take actions under sec 13,14 and 22; and attempts, abets or actually contravenes the provisions of the act.
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