Bridging Article 51A(e) with the POSH Act in Corporate Offices

Article by Yashashri Bhat & Saumya Singh

Introduction: The Current Landscape for Women at Work 

Despite a significant rise in women's participation in the workforce—now around 30%—many still face challenging and hostile work environments[1]. Alarming surveys show that nearly 40% of working women have experienced sexual harassment, while about 70% [2]feel unsafe at work. This pressing situation highlights the urgent need for corporate offices to align the principles of Article 51A(e) of the Constitution with the mandates of the Prevention of Sexual Harassment (POSH) Act, 2013, to foster safer and more inclusive workplaces.

 Understanding Article 51A(e): A Call to Action 

Article 51A(e) of the Indian Constitution emphasizes the duty of every citizen to "renounce practices derogatory to the dignity of women[3]." This fundamental duty serves not only as a legal obligation but also as a moral imperative aimed at fostering respect and equality. Reinforced by the Supreme Court's landmark Vishaka judgment[4], this article challenges corporate leaders to actively contribute to a culture that upholds women's dignity.

 The POSH Act: A Framework for Safety 

The POSH Act[5], enacted in 2013, operationalizes the principles laid out in Article 51A(e). It requires organizations to define sexual harassment, establish Internal Complaints Committees (ICC), and create a secure work environment. However, despite this robust framework, the implementation of the POSH Act in many organizations remains inadequate.

 Key Challenges in Implementation 

Several obstacles hinder the effective application of the POSH Act and the principles of Article 51A(e):

 Resistance to Change: Many organizations face cultural inertia that obstructs necessary shifts toward inclusivity.

 Lack of Awareness: A significant portion of employees remains unaware of their rights under the POSH Act, limiting its effectiveness.

 Insufficient Resources: Organizations often fail to allocate the necessary resources for establishing fully functional ICCs.

 Sensitivity in Handling Complaints: Many women report that their concerns are not taken seriously, reflecting a lack of professionalism in complaint resolution.

 Moving Forward: Actionable Steps for Corporates 

To bridge the gap between Article 51A(e) and the POSH Act, corporate offices can take meaningful steps:

 1. Cultivating a Culture of Respect 

Integrating the principles of Article 51A(e) into corporate policies can foster mutual respect. Leadership commitment is vital to prioritize women’s dignity and safety as core organizational values.

 2. Encouraging Active Participation 

Motivating employees to report incidents and support each other is essential. A culture of openness can help create a safe environment where everyone feels empowered to speak up.

 3. Strengthening Internal Complaints Committees 

Enhancing the effectiveness of ICCs through diverse representation and ongoing training is crucial. Members should be wellversed in conflict resolution and sensitivity training to handle complaints appropriately.

 4. Creating Transparent Reporting Mechanisms 

Establishing anonymous reporting options can empower employees to come forward without fear of retaliation, thus increasing the likelihood of reporting incidents.

 5. Providing Regular Training and Workshops 

Conducting regular sessions on the POSH Act and Article 51A(e) can significantly improve awareness and understanding among staff. Engaging, interactive training helps foster genuine dialogue about rights and responsibilities.

 6. Monitoring and Evaluation 

Organizations should continuously assess their policies and practices related to harassment and inclusivity. Regular feedback from employees can help refine processes and ensure a safe environment for all.

 Conclusion: A Collective Responsibility 

The integration of Article 51A(e) with the POSH Act provides a crucial framework for promoting respect and safety in corporate offices. However, many organizations still struggle with effective implementation. The principles of fundamental duties must translate into actionable practices that enhance the dignity and safety of women in the workplace. By actively embracing these values, companies can ensure that all employees feel valued and protected.

Fostering an inclusive environment that upholds women's rights is essential for the evolution of corporate culture in India. Ultimately, it is the collective responsibility of every stakeholder to uphold these duties, paving the way for a more equitable future.

[1] Ministry of Labour and Employment, Government of India, Labour Force Participation Rate: Gender Statistics (2023), https://www.mospi.gov.in/sites/default/files/press_release/Press_note_AR_PLFS_2023_24_22092024.pdf.

[2]  National Commission for Women, Women’s Safety at Work: Survey Report (2023),

https://ncwapps.nic.in/pdfReports/AnnualReport2022_2023_Eng.pdf.

[3] Indian Const. art. 51A(e).

[4] Vishaka & Ors. v. State of Rajasthan & Ors., AIR 1997 SC 3011.

[5] Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, No. 14 of 2013, Sec 2 (India).