Prevention, prohibition and redressal of sexual harassment at workplace

The Constitution of India provides for equality of status and opportunity as well as the right to live with personal liberty and human dignity. These mandates make the right to have a safe workplace and educational institution campus a legal right, and sexual harassment at the workplace is a gross violation of it. In India, the basis of protection from sexual harassment at workplace is formed by “The Sexual Harassment of Women at Work-place (Prevention, Prohibition and Redressal) Act, 2013” (POSH Act) and “The University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of women employees and students in higher educational institutions) Regulations, 2015” (UGC Regulations), and in general women population by the Section 75 of Bharatiya Nyaya Samhita, 2023. It is important for the higher educational institutions, the employees and students to be completely aware of their rights, duties and the redressal mechanisms under the POSH Act and the UGC Regulations. WHAT CONSTITUTES SEXUAL HARASSMENT? Sexual harassment in general, can be understood as an unwanted conduct: with sexual undertones if it occurs or which is persistent; which demeans, humiliates or creates a hostile and intimidating environment; which is calculated to induce submission by actual or threatened adverse consequences. ACTS THAT CAN BE CONSIDERED AS SEXUAL HARASSMENT Sexual harassment includes one or all of the following unwelcome acts or behaviour, whether directly or by implication: Physical contact or advances; A demand or request for sexual favours; Making sexually coloured remarks; Showing pornography or asking if you want to see pornography; Any other unwelcome physical, verbal or non-verbal conduct of sexual nature WHAT CONSTITUTES WORKPLACE? (i) Any department, organization, undertaking, establishment, enterprise, institution, office; (ii) Any private sector organization, non-governmental organization, unit or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities; (iii) Hospitals or nursing homes; (iv) Any sports institute, sports complex, games venue, sports or other activities relating thereto; (v) Any place visited by the employee arising out of the course of employment including transportation. APPLICABILITY OF PROTECTION SYSTEMS AGAINST SEXUAL HARASSMENT According to the Sexual Harassment of Women at Work-place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), it covers women: i) At all workplace including both private and public sectors. ii) Applies to both organized and unorganized sectors. iii) Includes domestic workers, women working voluntarily, temporarily and even part time workers. Gender-neutral provisions are given for employees and students by University Grants Commission (Prevention, prohibition and redressal of sexual harassment of women employees and students in higher educational institutions) Regulations, 2015 (UGC Regulations, 2015). FILING A COMPLAINT An aggrieved person is required to submit a written complaint to the Internal Complaints Committee within the institution or workplace (ICC) or outside the institute (local complaints committee) within 3 months from the date of the incident. ICC can extend the time limit under specific circumstances. ICC should provide provision for conciliation at the request of the complainant. After detailed inquiry, report must be submitted within 90 days. PENALTIES If found guilty, penalties may include ○ Disciplinary action including written apology, reprimand, warning, censure. ○ Withholding promotion/pay raise/increment. ○ Suspension/termination of employment. ○ Deduction of compensation from the accused salary. CONCLUSION Due to the rising number of sexual harassment cases against employees, it is essential that this issue is investigated into thoroughly to attain a better understanding of its cause and effects. This will assist movements, programs and others who are working towards a solution and help reduce such activities, making the workplace a safer place where gender equality and the rights of all workers are respected and maintained. Although, the government introduced the POSH Act, there is a lack of expert committees to handle such cases. In a recent judgment, Aureliano Fernandes vs. State of Goa and others, the Supreme Court directed the Centre and State government to verify whether panels have been constituted in all the departments and ministries to probe sexual harassment allegations at workplace. Sexual harassment is not limited to one sex as either gender could be a harasser or a victim and could involve people of the same gender too. For other parts of the world, example in the US, the Civil Rights Act 1964 states that it is illegal for an employer to allow sexual harassment of anyone in their employ regardless of their gender, sex, or sexual orientation. However, in India, the POSH Act 2013 is gender-centric and limited to women exclusively. This calls for the need of including everyone to be protected against sexual harassment at workplace. Financial support and sponsorship Nil. Conflicts of interest There are no conflicts of interest.