PROVOCATION AND OBSTRUCTION UNDER PREVENTION OF SEXUAL HARRASHMENT ACT (POSH).

Abstract  

Earlier, as we know the number of female employes were less in country due to lack of  educational opportunity, various societal norms, gender inequality and much more things. But nowadays, it has been changed and lots of women started working in various organized and  unorganized sector across the world. Although number of women increased in every sectors such as sports, politics, entertainment, corporate, academics, etc. yet they have been facing the  challenges of gender biases, sexual harassment, etc. therefore, the legislature introduced the  Prevention of Sexual Harassment (POSH) Act in order to protect the fundamental right of  women i.e., the right to equality, liberty and right to life under articles 14, 15 and 21 of the  Indian Constitution. Moreover, this act also established a mechanism known as internal  committee to handle complaints of sexual harassment. In spite of all this, the working condition  of women is still not good. There has been some challenges and limitation in the  implementation of this act also.  

Introduction 

The Prevention of sexual harassment (POSH) is an act for the prevention of women from sexual  harassment at workplace. It is a legislation enacted by the Government of India in 2013. The  main aim of this act is to provide a safe and better working place as well as environment in  order to provide a protection against sexual harassment by preventing, prohibiting and  redressing acts of sexual harassment at workplace. Apart from the protection of women  employe at workplace from sexual harassment, it has certain objective such as promoting  gender equality as sexual harassment is a form of gender – based inequality in the workplace,  it also aims to establishing a complaint redressal mechanism i.e., internal committee (IC) a  mechanism to handle complaints of sexual harassment. One of the most important objective of  this act is to create awareness and sensitization about sexual harassment through different  training programs and awareness campaign which helps woman to know about their rights and  preventive measures.

Background 

All across the world women are facing the challenges of sexual harassment at workplace. So,  in order to overcome the challenges of sexual harassment, Prevention of Sexual Harassment  (POSH) Act brought in India. Under this act, Supreme Court give a landmark judgement in the  case of Vishaka v. State of Rajasthan (1997). In this case, there was a dalit women named  Bhanwari Devi, who was a social worker employe in the Rural Development Program of the  Government of Rajasthan was gang raped. She worked as a “saathin” to stop child marriage  which was taking place in a Gujjar family. As a result, she was gang raped by 5 men brutely in front of her husband. Although she could not able to get justice due to lack of evidence, but  later she with her sympathizer approach Supreme Court by way of writ petition. The case  resulting the several guidelines which must be followed at every workplace to prevent or to  stop sexual harassment at workplaces and these guidelines is popularly known as Vishaka Guidelines. 

Challenges in the implementation of POSH Act, 2013. 

Since the act was implemented in 2007 and again amended in 2013, it has been ten years till  now and there has been lots of challenges in the implementation. Once Supreme Court also  said that there is “serious lapses” and “uncertainty” regarding its implementation. The law  requires to form a ‘Internal Complaint Committee (ICC)’ in the formal sector where more  than 10 employee work, which must be headed by a women employee so that any women  employe can file a formal sexual harassment complaint. This act also mandatesto form a ‘Local  Committee (LC)’at every district, to receive the complaints of women from the firm with less than 10 employes work. Afterall having all these provision regarding Prevention of Sexual  Harassment Act, there are certain challenges also related to ICC and others as follows: 

• Internal Complaint Committee (ICC): - many sectors still does not have a proper  complaints committee such as sports, etc.. There are 30 national sports federation in our  country, out of that 16 federation does not have any ICC.  

• Workplace: - there are many challenges in workplace as more than 80% women work  in informal sector and this law is largely inaccessible to them.  

• Lack of evidence: - there has been lack of concrete evidence in many cases of sexual  harassment, which also lead to the less number of filling of cases but it does not mean  that there has been absence in cases. 

• False allegation: - number of false allegations has increased, as many false cases have  been filed against the men at working place and it is also a serious challenge, where  men have to suffer a lot, resulting the hamper of their reputation.  

Limitation under the POSH  

There are certain limitations also under the Prevention of Sexual Harassment (POSH) are as  follows: - 

• Gender biasness: - POSH include the gender biases because it only talks about the  women, it always exclude male employes and other genders. 

• Workload on employers: - workload on employers can also be a limitation because all  the function related to ICC has to be done by the employers itself.  

• Expertise: - there are less number of experts in the member of ICC.  • Compensation: - the respondent has to face many mental and psychical trauma, but  they can not able to get compensation according to that. This could be a reason for the  filing of lesser number of cases.  

• Workplace: - it is limited to only workplace and talk about only the sexual harassment  happening at workplace, exclude places apart from workplace such as  

Suggestions related to POSH  

Following are certain suggestions, which will help in strengthen the effectiveness of the POSH  Act and can contribute more to preventing and addressing sexual harassment at workplace: - 

• Awareness campaigns: - by conducting awareness campaigns at broader societal level  within or outside the organization can also lead to the decrease in sexual harassment as  it will promote culture of respect and intolerance. 

• Fast -Track resolution mechanism: - by establishing fast track court or fast track  resolution mechanism can lead to effective and timely redressal of cases and will also  reduce mental harassment of victim and it will also help in dissolution of false cases. 

• Comprehensive training programs: - by implementing regular and comprehensive  training programs for the employe of every formal and informal organization can lead  to the increase in awareness about the POSH, its provisions, reporting mechanism,  about its confidentiality, etc. 

• Review and amendments: - regular review and amendment of the POSH Act will help  in identifying the areas where changes required according to the need and time so that  emerging challenges and societal changes can be address.  

Conclusion 

In conclusion, we can say that Prevention of Sexual Harassment (POSH) Act for the prevention  of women from sexual harassment at workplace in India. It is an act which provide legal  framework for the redressal of sexual harassment and ensure safety and dignity to the women  employe. Prevention of Sexual Harassment Act helps to protect the right to equality, right to  life and right to work under safe and secure environment. This act is the result of ‘Vishaka  Guidelines of 2013.however it has also some limitations like this act is gender biased so in  order to make this holistic we should include third gender and males. There is more workload  on the employer of the internal complaint committee regarding awareness campaign and  redressal of the problem. in this act there is more focus on giving punishment to the convicted  person rather than rehabilitation and mental support of the victims. Certain more challenges  which proves to be hindrance in the execution of this act such as lack of evidence and failure  of reporting mechanism, it is underreporting because of the ineffective support system and  sense of feeling ashamed, so in order to improve the applicability and efficiency of this act it  need spread awareness and education in formal as well as informal sector. Ultimately education  is the most powerful tool to achieve the ideals of great society. 

Frequently Asked Question (FAQ) 

1. Is POSH only for women? 

Yes, Prevention of Sexual Harassment is mainly for the women and deals with the  problem related to sexual harassment against women. 

2. Is there any provision for men related to complain under POSH? POSH is mainly for the women but now person of any gender can file a complaint. 3. What is POSH? 

Prevention of Sexual Harassment (POSH) is an act or legislation by Government of  India in 2013 after the case of Vishaka v. State of Rajasthan to prevent women from  sexual harassment at workplace. 

4. What is the main objective of POSH? 

The main objective of POSH is to protect women from sexual harassment at workplace  and to ensure the dignity and safety at workplace.

5. What are the rule for POSH? 

According to Prevention of Sexual Harassment (POSH) law, an employer itself  responsible for every work such as for creating awareness, for the redressal mechanism,  for the working of ICC.