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'Serious Lapses In POSH Act Enforcement' : Supreme Court Issues Directions To Strengthen Law Protecting Women From Sexual Harassment At Workplace

Team SoOLEGAL 17 May 2023 5:58pm

'Serious Lapses In POSH Act Enforcement' : Supreme Court Issues Directions To Strengthen Law Protecting Women From Sexual Harassment At Workplace

New Delhi: The Supreme Court ruled on May 12 that there are "serious lapses" and "uncertainty" in the implementation of the Protection of Women from Sexual Harassment (POSH) Act, forcing many working women to resign.

In a 62-page judgement, Justices A.S. Bopanna and Hima Kohli said the "sorry state of affairs" regarding the anti-sexual harassment at workplace law was "disquieting," and it was time for the Centre and States to take affirmative action.

“Being a victim of such a deplorable act not only dents the self-esteem of a woman, it also takes a toll on her emotional, mental and physical health. It is often seen that when women face sexual harassment at the workplace, they are reluctant to report such misconduct. Many of them even drop out from their job,” Justice Kohli, who authored the judgment, observed.

Working women were hesitant to report instances of sexual harassment because they were unsure who to approach or because they lacked confidence in the process and its outcome, according to Justice Kohli.

The Supreme Court on May 12, in a judgment, said there are “serious lapses” and “uncertainty” in the implementation of the Protection of Women from Sexual Harassment (POSH) Act, leaving many working women no choice but to leave their jobs.

A Bench of Justices A.S. Bopanna and Hima Kohli, in a 62-page judgment, said the “sorry state of affairs” concerning the anti-sexual harassment at workplace law even after a decade of its introduction was “disquieting”, and it was time for the Centre and States to take affirmative action.

“Being a victim of such a deplorable act not only dents the self-esteem of a woman, it also takes a toll on her emotional, mental and physical health. It is often seen that when women face sexual harassment at the workplace, they are reluctant to report such misconduct. Many of them even drop out from their job,” Justice Kohli, who authored the judgment, observed.

Working women were reluctant to report instances of sexual harassment either due to uncertainty about whom to approach or because of their lack of confidence in the process itself and its outcome, Justice Kohli noted.

“However salutary this enactment may be, it will never succeed in providing dignity and respect that women deserve at the workplace unless and until there is strict adherence to the enforcement regime and a proactive approach by all the State and non-State actors. If the working environment continues to remain hostile, insensitive and unresponsive to the needs of women employees, then the Act will remain an empty formality,” Justice Kohli emphasised.

The Supreme Court cited a newspaper survey that revealed that only 16 of the country's 30 national sports federations had formed Internal Complaints Committees, as required by the 2013 Act.

"This is a sorry state of affairs that reflects poorly on all State functionaries, public authorities, private undertakings, organizations, and institutions that are duty bound to implement the POSH Act in letter and spirit," Justice Kohli observed.

The court directed the Union, States, and Union Territories to conduct a time-bound exercise to determine whether Ministries, Departments, government organizations, authorities, public sector undertakings, institutions, bodies, and so on had established Internal Complaints Committees (ICCs) and Local Committees (LCs) under the Act. These organizations have been directed to post information about their respective committees on their websites. They were given eight weeks to comply and file affidavits in the Supreme Court.

"If the authorities/managements/employers cannot assure them of a safe and secure work place, they will fear stepping out of their homes to make a dignified living and exploit their talent and skills to the hilt," Justice Kohli wrote.

The decision came in an appeal filed against a March 15, 2012 Bombay High Court decision dismissing a Goa University employee's writ petition against disciplinary authorities' decision to dismiss him from services based on sexual harassment complaints.

According to the court, the inquiry was conducted in a "tearing hurry" and without regard for natural justice principles. The case has been remanded to the Complaints Committee, which must complete the investigation within three months.



Tagged: POSH Act  
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