Understanding Facts And Myths around POSH Law in India

 

Understanding Facts And Myths around POSH Law in India


 

Women have always found themselves in a tight spot in all realms of life, being referred to as the “Fairer Sex”, fighting the prejudices, the glass ceiling, and basically for their rights, a chance to prove their mettle, and show they are if not superior, then at least to be treated equally with due respect.

Women are equally capable to be the breadwinners of a family and as a matter of fact, it becomes pertinent as a country of equal opportunities to provide them with a safe and conducive environment to focus on the job at hand and give it their all. However, a country with population of one billion and counting, there ought to be sour grapes and people feel entitled to misuse their position and power.

How then do we face these masochistic and cynical people, who try to go against the very notion of violating a “Safe Workplace”?

We indeed took a long time but better late than never, the Women of India deserved to be given equal rights and opportunities to shine forth, to ensure their safety and safeguard their interests at workplaces, and it was long due.

Let’s talk “FACTS”:

 

1.     As an employer or business owner, if you employ 10 or more employees, it becomes MANDATORY to comply with the Act. Now if there are multiple locations, it applies to all locations.

 

2.     The Act mandates under Section 4, the setting up of an Internal Committee (IC) for both private and public sectors. But what if there are less than 10 employees? In such cases, Local Committee (LC) is formed and the matters are looked into at district level.

 

3.     The law protects a woman in entirety of her employment. If the harassment happens to her while traveling for work/ during transportation, it still is a responsibility of an employer to safeguard her rights by and large.

 

4.     If found guilty, the accused can be let off with a written apology or transferred or even terminated, depending upon the gravity of offense.

 

5.     Any non-compliance with the POSH Act, including failure to constitute the Internal Committee (IC), or not acting on the recommendations given by the Internal Committee among others, can lead to severe repercussions. The employer is liable to face a penalty of Rs. 50,000 to Rs. 2,00,000, while in some instances the license to do business can also be cancelled.

 

Debunking the Myths 

1.      The law has provisions to safeguard women from sexual harassment at workplace and the victim is always a woman- this statement doesn’t hold true.

 

In case the victim is a male or third gender, similar provisions apply. POSH is pro-women agreed, but the organisations are encouraged to be “gender-neutral” and same provisions protect the rights of all genders against sexual harassment at workplace.

 

2.      The harassment has to be physical in nature, for action to be taken

Again, harassment can be verbal, non-verbal, direct or indirect. Flirting, unwelcomed complimenting on physique, forwarding inappropriate messages with sexual innuendo/ gender demeaning jokes, gestures, all count as workplace improper behaviour.

 

3.      The Act protects only permanent employees at the organisation.

 

As per the Act, all the women workforce, including permanent, ad hoc, temporary, contractual, freelancers, interns, engaged on a daily wage basis, any woman that visits the premises (Medical representative, salesperson, etc.), their safety and rights are protected.

 

4.      A person who makes false accusation/complaint can get away unscathed

 

It takes immense courage for a victim of harassment to come forward and report the matter, however, there are few instances in which some false complaints are made. These maybe due to a number of reasons but rest assured, these are considered a matter of grave concern and the defendant has to undergo strict action and might also be terminated from their services.

 

5.      It is mandatory to display the notice about Do’s and Don’t’s at workplace under prevention and redressal of sexual harassment in English.

 

The intent to display notices is to spread awareness among employees, along with English, the notice must be displayed in Hindi or any regional language as applicable.

Conclusion:

As an employer and organisation that promotes a gender neutral, safe working conditions, it is important that women have their constitutional right to dignity and equal opportunities safeguarded. It is an ethical and moral responsibility of an employer to comply with the regulations under the ACT irrespective of the size and nature of work. Non-compliance can have serious implications and loss of reputation, including imprisonment in select cases.

 

 

Comments

Post a Comment

Popular posts from this blog

Local Complaints Committee Under The Posh Act

Image
  Local Complaints Committee Under The Posh Act We know that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly called the POSH Act, mandates every organization that has ten or more employees to formulate an Internal Committee (IC) to receive and redress complaints of sexual harassment against women at workplace. Does it mean that only employees of organizations that has at least ten employees receive the protection of the POSH Act? Should women working in the unorganized sector file a complaint with the police if they face sexual harassment at work? This is where the Local Complaints Committee comes into picture. The POSH Act is very comprehensive and has ensured that every women employee is covered. The Local Complaints Committee is formed to ensure protection against sexual harassment for women employees working in organizations that have less than 10 employees. Local Complaints Committee (LCC) is a bod...
Read more

POSH Compliance Law Firms in India

Image
  POSH Compliance Law Firm in India The Indian legal landscape changed significantly in 2013, when the  Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act  (commonly called POSH or The Act) became law. POSH was India’s first piece of legislation that  specifically  dealt with workplace sexual harassment of women. Now, Indian employers are responsible for ensuring a safe working environment by preventing, prohibiting and redressing sexual harassment. The POSH Act: Scope & Applicability The Act is unique in a number of ways. First, it recognizes that sexual harassment amounts to a fundamental violation of women’s rights, including their right to live with dignity in any profession, trade, or business. Surprisingly, the law goes further than that — it’s enforceable everywhere in India, and it only protects women. If a man is a victim of sexual harassment in the workplace, he isn’t protected by the provision...
Read more

Critical Analysis of Posh Act, 2013

Image
  Critical Analysis of Posh Act, 2013 Posh Act defines sexual harassment as unwelcome acts or behaviour (whether directly or by implication) namely, physical contact and advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography, any other unwelcome physical, verbal or non-verbal conduct of sexual nature. The Act also provides the circumstances under which an act may amount to sexual harassment. The Act was undoubtedly considered to be a great step towards the protection of the working women and the first effort towards creating a safe and a decent working environment for women in the Indian society. Article 14, 15 and 21 of the Indian constitution gave a true meaning to this legislation and gave effect to the right to work with dignity and freedom. Sexual harassment is also considered as a violation of right to practice any occupation, trade or business as guaranteed under article 19 (1)(g), and this necessarily ...
Read more