Strengthening the Application and Strict Observance of the Prevention of Sexual Harassment Legislation
In 2013, India enacted the Prevention of Sexual Harassment (POSH) Act, aimed at creating a secure working environment for female employees and providing a proper redressal mechanism for those subjected to sexual harassment. However, recent observations by the Supreme Court and data from the National Commission for Women (NCW) suggest that the Act is facing significant challenges, particularly in Tier II and Tier III cities.
The main challenges include poor implementation of Internal Complaints Committees (ICCs), lack of awareness and training, inadequate infrastructure, and socioeconomic barriers faced by women in informal sectors. According to a report, ICCs in many workplaces lack proper training, fail to maintain confidentiality, and struggle to address workplace power imbalances, rendering them mostly symbolic and not functional[1].
Moreover, the fragmented implementation and monitoring of the POSH Act are due to the Women and Child Development Ministry overseeing the Act while labor issues fall under other ministries, resulting in little data on enforcement effectiveness[1]. Informal sectors like agriculture, domestic work, and small enterprises, common in Tier II/III cities, often lack awareness about the POSH Act and the existence of Local Complaints Committees (LCCs), which are meant to handle workplaces with fewer than 10 employees[2].
Socioeconomic and cultural hurdles also discourage women from reporting harassment in smaller cities. Poverty, illiteracy, fear of job loss, and societal stigma are significant barriers that prevent women from seeking help[2]. The authors, Anju Gandhi and Sweta Mehta, suggest that regular sensitization programs and workshops on the POSH Act should be adopted at workplaces to educate employees about its importance[2].
To address these issues, improved training of ICC members, better coordination between ministries, increased awareness campaigns targeted at informal workers and employers in smaller cities, and strengthened infrastructure and funding for Local Complaints Committees are necessary[1][2]. The authors also propose that the POSH Act should be made more inclusive and gender neutral, and a centralized authority to oversee its implementation could provide a huge boost[2].
Stricter penalties for non-compliance of the POSH Act by employers will also help in enhancing compliance. As per the Companies (Accounts) Amendment Rules, 2018, the board of a company has to mandatorily disclose in its report that it has complied with provisions relating to the constitution of the Internal Complaints Committee under the POSH Act[3]. Organizations must submit an annual report on their compliance with the POSH Act, including information on the number of complaints received, resolved, and pending, as well as details about awareness programs conducted during the year[4].
In addition, there is a need to establish a network of professionals to provide counselling and legal support to those who have faced harassment and violence. A zero-tolerance policy towards sexual harassment against women in the workplace is also essential[5]. The POSH Act could be made applicable to both male and female employees, and the Government of India is required to take urgent steps to ensure its implementation[6].
References:
[1] Gandhi, A., & Mehta, S. (2022). Implementation Challenges of the POSH Act in Tier II and Tier III Cities. SNG & Partners.
[2] Gandhi, A., & Mehta, S. (2022). Addressing Challenges in Implementing the POSH Act in Tier II and Tier III Cities. SNG & Partners.
[3] Ministry of Corporate Affairs. (2018). Companies (Accounts) Amendment Rules, 2018.
[4] Ministry of Labour and Employment. (2020). Guidelines on Annual Reporting under the POSH Act.
[5] National Commission for Women. (2023). Zero Tolerance Policy towards Sexual Harassment.
[6] Government of India. (2013). The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
- The Prevention of Sexual Harassment (POSH) Act in India, enacted in 2013, faces significant challenges, particularly in Tier II and Tier III cities, due to issues like poor implementation of Internal Complaints Committees (ICCs), lack of awareness and training, inadequate infrastructure, and socioeconomic barriers in informal sectors.
- Regarding the POSH Act, ICCs in many workplaces lack proper training, fail to maintain confidentiality, and struggle to address workplace power imbalances, making them mostly symbolic and not functional.
- To tackle the challenges faced by the POSH Act, it is necessary to improve the training of ICC members, increase awareness about the Act among informal workers and employers in smaller cities, enhance infrastructure and funding for Local Complaints Committees (LCCs), and suggest gender-neutral and more inclusive policies.
- Organizations must comply with the provisions of the POSH Act concerning the constitution of the Internal Complaints Committee, as mandated by the Companies (Accounts) Amendment Rules, 2018, and submit an annual report on their compliance with the Act, including information on the number of complaints and awareness programs.
- Apart from improving the implementation of the POSH Act, it's crucial to establish a network of professionals providing counselling and legal support to those who have faced harassment and violence, establish a zero-tolerance policy towards sexual harassment, and make the Act applicable to both male and female employees.
