News Highlight
The Delhi Commission for Women condemned the administration, calling the situation concerning the Sexual Harassment at Workplace Act poorly implemented.
Key Takeaway
- The law’s key provisions, such as the constitution and the proper functioning of the Local Complaints Committees (LCC) in every district, have not been implemented in the city.
Protection of Women from Sexual Harassment (POSH) Act, 2013
- Background:
- The Supreme Court, in a landmark judgement in the Vishakha and others v State of Rajasthan 1997 case, gave the “Vishakha guidelines.”
- These guidelines formed the basis for the Sexual Harassment of Women at the Workplace Act, 2013.
- “Sexual harassment” is defined:
- Sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:
- Physical contact and advances
- A demand or request for sexual favours
- Sexually colored remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
- Sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:
- Obligation:
- Every employer must constitute an Internal Complaints Committee (ICC) with ten or more employees at each office or branch.
- The District Officer is required to constitute a Local Complaints Committee (LCC) in each district and, if required, at the block level.
- Complaint Committees:
- The ICC has powers similar to a civil court regarding summoning and examining any person on oath and requiring the discovery and production of documents.
- The Complaints Committee must provide conciliation before initiating an inquiry if requested by the complainant.
- The ICC may either forward the victim’s complaint to the police, or it may start an inquiry that has to be completed within 90 days.
- Time:
- The complaint must be made “within three months from the date of the incident.”
- However, the ICC can extend the time limit if it is satisfied that the circumstances prevented the woman from filing a complaint within the said period.
- Punishment:
- Penalties have been prescribed for employers.
- Non-compliance with the Act’s provisions shall be punishable with a fine of up to Rs 50,000.
- Repeated violations may lead to higher penalties and cancellation of the licence or registration to conduct business.
- Compensation is determined based on five aspects:
- Suffering and emotional distress caused by the woman.
- Loss of a career opportunity
- Her medical expenses
- Income and financial status of the respondent
- The feasibility of such a payment.
Causes of Violence Against Women
- Lack of awareness:
- Lack of awareness among women about legal protection against sexual harassment in the workplace.
- Poor deterrence against crime:
- Shortage of manpower, insensitive investigations by police and advocates, and delays in the judiciary due to which there is poor deterrence.
- Poor Implementation of Laws:
- For example, Under the Sexual Harassment of Women at Workplace Act, the Internal Complaints Committee has not been formed in several organisations etc.
- Under Reporting:
- 70% of the women who faced sexual harassment at work didn’t report it due to fear of repercussions they may face [2017 National Bar Association survey].
- Poor representation of women in the law enforcement system:
- Women make up merely 7.28% of the police force in India [Status of Policing in India Report 2019]. Hence, women cannot often fully express their concerns and harassment.
Way forward
- Increase women in law enforcement mechanism:
- It could be fundamental in addressing violence against women and sex crimes, reducing the use of excessive force, and improving police-community relations.
- Women’s Safety:
- Infrastructure development to ensure women’s safety is always given high priority.
- The offices should be properly monitored by the installation of CCTV cameras etc.
- Awareness generation:
- The working woman should be aware of laws and rules regarding safety in the workplace.
- Frequent inspection:
- The women’s commission and police officers should frequently visit offices and ensure the implementation of legal rules and regulations.
- Toll-free number:
- There should be a toll-free number that functions 24 hours a day to complain about this.
Pic courtesy: Freepik
Content Source: Times now news