The Sexual Harassment of Women at Workplace | Criminal Law for Judiciary Exams PDF Download

Introduction

• Women constitute a significant portion of the global population, as indicated by a recent UN survey with a count of 3,710,295,643 individuals.
• Despite their numerical presence, women often face societal obstacles that impede their progress compared to men.
• Empowerment through education, employment, and advocacy is crucial to bridge this gender gap and foster independence.
• However, discrimination in education or the workplace can hinder this progress.
• The fear of discrimination, harassment, or violence can deter women from pursuing their professional aspirations.
• Recognizing these challenges, the Sexual Harassment of Women at Workplace Act was instituted to safeguard women's rights and ensure a conducive work environment.
• Protecting individuals' right to work is essential for a country's development and signifies a commitment to gender equality.

Foundation of the Prevention of Sexual Harassment (POSH) Act

• Vishakha v. State of Rajasthan (1997) marked the beginning of the POSH Act, stemming from a pivotal case.
• Bhawri Devi, a dedicated social worker involved in women's development programs, faced severe injustice after attempting to prevent a child marriage in her village.
• Despite her efforts to stop the marriage and seek help from authorities, Bhawri Devi was tragically raped by five men, leading to a prolonged battle for justice through various courts.
• Outraged by the injustices faced by Bhawri Devi, women's associations united to demand specific laws against sexual harassment in workplaces.

Vishakha Guidelines and Impact of the Nirbhaya Case

• The Vishakha Guidelines emerged as a significant precursor to the POSH Act, outlining measures for addressing workplace sexual harassment.
• In 2012, the infamous Nirbhaya case in Delhi sparked a nationwide outcry and catalyzed substantial legal reforms concerning crimes against women.
• Nirbhaya's harrowing experience on a Delhi bus, where she was brutally assaulted and left for dead, highlighted the urgent need for stringent regulations to protect women's safety.

This paraphrased content provides a detailed overview of the foundation of the Prevention of Sexual Harassment (POSH) Act, emphasizing key historical events and legal developments that shaped its inception. Additionally, it explores the impact of landmark cases like Vishakha v. State of Rajasthan and the Nirbhaya case in driving legislative changes to combat sexual harassment and violence against women.

Prevention of Sexual Harassment (POSH) Act of 2013

• Extent of the Act: The POSH Act of 2013 applies to all of India, including Jammu & Kashmir post the exclusion of Article 370.
• Fundamental Rights of Women: When a woman faces sexual harassment at her workplace, it violates her rights under Articles 14 and 15, which ensure equality before the law and prohibit discrimination based on sex, gender, and religion.
• Right to Practice Profession: Article 21 guarantees every individual the right to practice any profession, emphasizing the need to eliminate sexual harassment to enable women to freely pursue their careers.
• International Commitment: In 1993, the Government of India signed a convention with the United Nations to protect women, leading to the enactment of the POSH Act.

Definitions under the Act

• Aggrieved Woman: An aggrieved woman is defined as any female who claims to be a victim of sexual harassment at her workplace.
• Sexual Harassment: Sexual harassment includes unwanted physical contact, requests for sexual favors in exchange for benefits, mental harassment, displaying pornography, and making inappropriate sexual remarks.
• Workplace: The term 'workplace' encompasses government and private offices, places where work-related tasks are carried out, and locations where a woman is employed or engaged in income-generating activities.

Prevention of Sexual Harassment

• Instances of Sexual Harassment: Actions such as offering preferential treatment for sexual relations, issuing verbal threats to coerce sexual favors, and humiliating a woman for refusing advances constitute sexual harassment.
• Requirement of a Special Committee: Organizations with more than 10 employees must establish a special committee to address issues of sexual harassment. In cases where the workforce is smaller, women can seek redressal at the district level committee.

Constitution of the Committee

There must be four members on the committee:

• The first member should serve as the Chairman or Presiding Officer, holding the most senior position within the organization.
• Two members should either possess legal expertise or have sufficient knowledge to contribute effectively to the committee's work.
• The final member should represent an NGO dedicated to the welfare of the relevant group of people.
• It is required that at least two of the committee members are women.

Complaint Procedures in the Absence of an Association

• If a woman holds a position such as a maid, works in a small company, or belongs to the unorganized sector, the appropriate course of action for filing a complaint may not be immediately clear.
• According to section 6 of the relevant act, Local Committees are mandated to be established on a district level, where women can lodge complaints. If a woman resides outside the district, a Nodal Officer must be appointed to facilitate the transfer of the case to the Local Committee for investigation.
• Any complaint of sexual harassment, as outlined in section 6 of the act, must be formally submitted within 3 months by the affected woman to either the internal committee or the Local Committee.
• In instances where a woman reports an incident beyond the 3-month limit, her case may be disregarded unless she provides a valid reason for the delay, in which case her circumstances might be considered.
• Under section 10, Conciliation can be pursued if the woman prefers not to escalate the matter to court. This process involves a written request for conciliation, which should not involve any financial transactions. It typically entails the accused seeking forgiveness, which the affected woman may grant.
• Section 11 stipulates that an Inquiry into the Complaint will be conducted by the committee. If the committee deems the complaint genuine and not malicious, they are required to report the matter to the police within 7 days under Section 509 of the Indian Penal Code.

Adjusting Work Environment During Case Proceedings

• Should a woman feel uncomfortable attending the office due to the presence of the accused during the case or the internal committee investigation, she has the right to request:
• Shift of the accused person's office.
• Shift of her own office.
• Leave of absence for the interim period.
• Such requests will be forwarded by the Internal Committee to the employer for necessary action.

Consequences for False Complaints and Employer Responsibilities

• If a woman knowingly files a false complaint against an employee under the act, Section 14 dictates that upon investigation revealing the falsity of the claim, her case will be dismissed. The employer or district officer must then take appropriate action against her per Section 9 or the organization's service rules.
• If no evidence is found against the accused individual, no further action will be taken, although no complaint will be lodged against the woman at the police station.
• Under Section 19, Employers must ensure a safe work environment for women, prominently display information on sexual harassment, raise awareness of its consequences, provide necessary resources for the Internal Committee's operation, assist aggrieved women in filing complaints, and support their quest for justice.

Conclusion

In conclusion, it is disheartening that women in contemporary society still endure such distressing experiences. While complete eradication of social evils may be challenging, efforts can be made to mitigate and prevent them. The legislative steps highlighted above demonstrate the government's commitment to addressing these issues. However, true change requires a collective effort, with individuals not only educating themselves but also actively spreading awareness. It is essential not only to be educated but also to contribute to the education of others, fostering a broader understanding and ultimately eliminating the social evils that hinder the growth and well-being of an entire gender.