ANALYSIS ON POSH ACT, 2013

INTRODUCTION The Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) governs this in India. The Act safeguards women against sexual harassment at work. Additionally, it offers provisions for stopping and addressing sexual harassment claims. The Internal Complaints Committee as well as Local Committees are formed for redressal of such cases, one can even appeal if not satisfied which the decision of committees This article gives a thorough overview of this Act. MEANING: Sexual harassment affects every woman, regardless of whether she works in an industry with male bosses, coworkers, or owners; whether she works in the service industry with clients, customers, and senior employees; whether she attends college with male professors, students, or colleagues; or whether she maintains a home with male partners. It is defined as follows: “Sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as a) physical contact and advances; b) a demand or request for sexual favors; c) sexually-coloured remarks; d) showing pornography; e) any other unwelcome physical, verbal or non-verbal conduct of sexual.” The Supreme Court once more reinforced the term of sexual harassment in Apparel Export v. A.K. Chopra (1999), holding that it includes any conduct or gesture intended to offend the modesty of a female employee, either directly or indirectly. Therefore, the Supreme Court of India established some principles preserving the Constitutional spirit and in accordance with the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in its landmark decision Vishaka & Ors. v. the State of Rajasthan (1997). COMMITTEE UNDER POSH ACT: The POSH Act, 2013, contains a provision that allows for the creation of committees to support aggrieved women or sexual harassment victims. An Internal Complaints Committee (ICC) must be established by every organization's employer in accordance with Section 4 of the aforementioned Act. The goal of this group would be to resolve sexual harassment allegations and support the victims in maintaining their dignity at work. Every institution or organisation is required to have an ICC, and the employer may be held liable for penalties if the ICC is not in place. According to the POSH Act, the employer must designate the ICC members' terms of office, which cannot exceed three years from the date of their nomination. • COMPOSITION OF COMMITTEE: One Chairperson or Presiding Officer – A woman of the same organization working at the senior level is to be appointed as the Chairperson or PO. The seniority requirements to be qualified to preside over the ICC were discussed by the Allahabad High Court in Shobha Goswami v. the State of Uttar Pradesh and Others (2015). The respondent in this case claimed that the presiding officer was his subordinate and did not meet the requirements to become the chairperson of the ICC. The High Court, however, rejected the claim and concluded that the Chairperson's seniority was legitimate in that particular situation and came to the conclusion that the Chairperson should be senior to the employee against whom the sexual harassment complaint has been made. Two members amongst the employees – They can be preferred by choice based on their social work or legal knowledge or the ones who are committed to the cause of women. One external member like, Doctors, attorneys, or non-profit organizations that support women's rights could be external members. The Delhi High Court reviewed the requirements for selecting such an external member in Ruchika Singh Chhabra v. Air France India & Another (2018). The committee's mandate, according to the court, is to aid the complainant in escaping harassment and create a productive inquiry process to deal with any problem that an offended female employee may encounter. Therefore, it is crucial to select a member from outside the committee who has the skills necessary to advance the objectives of the committee. POWERS AND RESPONSIBILITIES OF INTERNAL COMPLAINTS COMMISSION Powers of ICC are as follows: (a) Empowered to initiate an investigation into an accusation of sexual harassment. (b) It has the authority to gather proof and call witnesses. (c) Additionally, it can offer advice on the steps to be taken if a similar scenario arises again in the future. The following are some of the duties that the ICC must perform to further the POSH Act's goals: (a) Obtain the sexual harassment allegations. (b) Launch the investigation and submit the results of the investigation. (c) Ask the employer to take the necessary steps. (d) Submit a yearly report in the format required. LOCAL COMPLAINTS COMMITTEE: Every organisation with ten or more employees was required under the POSH Act to constitute ICC. What about businesses with fewer than ten employees, though? Or the unorganized sectors, where a complaint cannot be made since there is a formal system in place? Women who work in these areas of employment should likewise be shielded from sexual harassment. Therefore, the Local Complaints Committee (LCC), which is established pursuant to Section 6 of the POSH Act, is provided for by the aforementioned Act. This clause mandates that the District Officer form the LCC on behalf of the entire district. Every block, taluka, and tehsil in the rural or tribal area, as well as every ward or municipality in the urban area, must have one nodal officer designated by the district officer. As soon as complaints are received, the nodal officer must transmit them to the relevant LCC within seven days. The following people would report sexual harassment to the LCC: 1. Employees of organizations having less than ten employees; 2. Women working in the unorganized sector like housekeeping staff; and, 3. Employees from organizations with more than ten employees but if the complaint is against the employer himself. RECENT SUPREME COURT DIRECTIONS: Even ten years after the Sexual Harassment at Workplace Act, 2013, or "POSH ACT," the Supreme Court has raised concern over what it calls the "serious lapses" in the law's execution. In this regard, the court noted a recent revelation in a national newspaper stating that 16 of the country's 30 national sports federations have not yet established the Internal Complaints Committee (ICC). Where the ICC has been found to exist, they either lack the necessary external members or do not have the required number of members. The Supreme Court gave a number of significant directives to help working women across India realize the promise of the Posh Act. These consist of: 1. ICCs/LCs/ICs across Ministries, Departments, Government organizations, authorities, Public Sector Undertakings, institutions, bodies, and all organizations that are workplaces under the Posh Act shall be subject to a "timebound exercise" by the Central and State governments to confirm their composition. 2. By posting the information on the website of the appropriate organisation, you can make sure that people can easily find out about ICCs, LCs, and ICs, their contact information, how to file complaints, and the applicable rules and regulations. 3. Keeping checks to make sure the Act is being followed in professional organizations, educational institutions, hospitals, and nursing homes. 4. Employers, managers, and authorities are required to implement "immediate and effective steps" to familiarize ICC/LC/IC members with their responsibilities and the inquiry procedure. 5. Employers, management, and authorities are required to regularly host orientation programmers, workshops, seminars, and awareness campaigns to inform ICC/LC/IC members, female employees, and women's organizations about the Act's provisions. THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946: Section 14(3)(l) of The Industrial Employment (Standing Orders) Central Rules, 1946, deals with the misconduct of sexual harassment at work place against women which is as follows: Sexual harassment which includes such un-welcome sexual determined behaviour (whether directly or by implication) as- (i) physical contact and advances; or (ii) demand or request for sexual favors; or (iii) sexually coloured remarks; or (iv) showing pornography; or ' (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature. A complaint Committee is constituted which is deemed to be the inquiring authority appointed by the employer for these rules. Complain for sexual harassment is under clause (3) of sub-section (l). 3(A) The Complain Committee shall hold the inquiry, unless separate procedure has been prescribed for the Complaints Committee for holding such inquiry into the complaints of sexual harassment, as far as practicable, in accordance with the procedure laid down in these rules. According to 3(B) The Complaints Committee shall consist of- (a) A Chairperson who shall be a woman; (b) Two members representing Non-Government Organization (NGO) or any other body which is familiar with the issue of sexual harassment or nominees of the National or State Human Rights Commission or the National or state Commission for Women familiar with the issue of sexual harassment, To be nominated by employer. Provided that one of the two members of the Complaints Committee shall be a woman. (3C) The Complaints Committee shall make and submit every year an annual report, to the appropriate Government, of the complaints and action taken. (3D) The employers or their agents shall report, to the appropriate Government, on the compliance of the guidelines issued by the Central Government in pursuance of the directions of the Supreme Court in (Vishaka v. State of Rajasthan and Others) including on the reports of the Complaints Committee. The provision laid down under The Industrial Employment (Standing Orders) Central Rules, 1946 for prevention of sexual harassment at work place is almost similar to POSH Act, 2013, the only difference in composition of committee is in Posh Act, 2013 there are two members from employees and one external member from NGO but in case of The Industrial Employment (Standing Orders) Central Rules, 1946, there are two members from NGO and no member from among employees. SECTION 18 OF POSH ACT, 2013 Any person who is aggrieved by the recommendations made under Section 13 Subsection (2), Section 13 Subsection (3), Section 14 Subsection (l), Section 14 Subsection (2), or Section 17 or by the non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said person, or, if no such service rules exist, then, without prejudice to provisions contained in Sections 14 and 17, Section 14, Subsection (l), Section 14, Subsection (2), and within ninety days of the recommendations, the appeal under subsection (1) must be filed. CASE LAWS: • The case P v. A & Ors. (POSH Confidentiality Guidelines-Suit no. 142 of 2021) highlights the confidentiality Provision under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The confidentiality guidelines are specified under Section 16 of the POSH Act. In this case the Delhi High Court issued some guidelines, which are: (a) Any identity proof document must not be retained by the authority, (b) to ensure the confidentiality of personal details, (c) all hearings of POSH Act must be conducted in chambers or under camera surveillance, (d) parties are forbidden to reveal the contents of judgement (e) Oath of non-disclosure and confidentiality by the witness. The critical analysis of these guidelines is it lacks transparency, applicability of the guidelines is not clear, freedom of media is restricted, no clarity for the follow-up of guidelines by IC, the rules forbid disclosing the identities of either the harasser or the victim, and they enforce anonymity. The high court's ruling was contested in the appeal, which referred to the guidelines as a "death blow" to the right to free speech and expression. "The high court has failed to consider that any general prohibition or gag order in the form of an injunction prohibiting the broadcast of true and accurate facts will infringe upon the people's right to information, which is a key component of Article 19(1)(a) of the Constitution, and violate it. According to the petition, which was created by the victim's advocate Abha Singh, "this will have a devastating and detrimental effect on the society at large." • The case Shanta Kumar v. Council of Scientific and Industrial Research (CDIR) and Ors, Delhi High Court ((2018) 156 FLR 719), according to the Court, sexual harassment occurs whenever a physical touch or approach is made while engaging in sexually suggestive behaviour. Even if it were unwanted, a casual touch would not be considered sexual harassment. Even if the incident in question had been demeaning, it would not have met the requirements for sexual harassment in this situation. • Nisha Priya Bhatia v. Union of India, 2020 SCC Online SC 394, decided on 24.04.2020. The Court took note of the fact that the appellant in this case had to deal with extremely insensitive and degrading conditions as a result of how her complaint of sexual harassment was handled incorrectly. No of how the investigation into the stated complaint turns out, it was obvious that the petitioner's fundamental rights had been violated. “The approach of law as regards the cases of sexual harassment at workplace is not confined to cases of actual commission of acts of harassment, but also covers situations wherein the woman employee is subjected to prejudice, hostility, discriminatory attitude and humiliation in day-to-day functioning at the workplace. Taking any other view would defeat the purpose of the law.” CONCLUSION: Sexual harassment has persisted for ages across all societal divides, including those of race, gender, sex, and colour, in both industrialized and developing nations. The workplace can be a place where someone experiences sexual harassment regardless of their gender. There are many factors, including gender indiscrimination, inadequate distribution, favoring nature, and the harasser's worldview, that can lead to workplace harassment. In addition to asking for sexual favors and making unwelcome physical contact, sexual harassment can also refer to the psychological strain the harasser feels as a result of sexual assault, coercion, or unwanted sexual attention. The POSH Act should clarify applicability, accountability, implementation, and monitoring in order to promote improved reporting. To attain high workplace productivity, it is critical that employers and authorities adopt, put into practice, and promote best practices for identifying and responding to workplace harassment. Promoting activities that raise awareness and support prevention efforts is the greatest method to stop such bad working situations. Written By- Smriti Berlia, Senior Executive For any formal business inquiries or queries, please connect with us: • Website: www.zfiling.com • Email: Info@zfiling.com Follow us at: Instagram - https://www.instagram.com/zfiling/ Facebook - https://www.facebook.com/zfiling/ Youtube - https://www.youtube.com/@UCbEcQBi3CKfdvXcjnpVV8Aw Website - https://zfiling.com/ About Us - https://zfiling.com/about-zfiling/ Contact us - https://zfiling.com/contact-zfiling/ #IncomeTaxReturn #ITRFiling #TaxFiling #IncomeTax #ITR2024 #IncomeTaxIndia #TaxDeadline #FileYourITR #IncomeTaxFiling #IncomeTaxReturn2024 #TaxReturn #TaxSeason #ITRDeadline #TaxFiling2024 #LateFiling #BelatedReturn #IncomeTaxAdvice #TaxCompliance #TaxPenalties #IncomeTaxHelp #FinancialServices #TaxConsulting #TaxPlanning #GSTFiling #Bookkeeping #TDS #TaxAdvisor #AccountingServices #BusinessCompliance #MCACompliance #ROCCompliance #CompanyRegistration #GSTRegistration #IncomeTaxConsultant #FinanceExperts #TaxConsultant #CorporateCompliance #SmallBusinessTax #FinancialAdvice #TaxExperts #ZFiling #ZFilingServices #ZFilingITR #ZFilingFinance #ZFilingIndia #TaxWithZFiling #ChooseZFiling #YourTaxPartner #TaxFilingWithZFiling #ExpertTaxFiling #HassleFreeTaxFiling #TrustZFiling #BestTaxServices #ZFilingSupport #TaxReturnWithZFiling #EasyTaxFiling #YourFinancePartner #ZFilingConsultants #FileWithZFiling #SupportAtZFiling #FinanceManagement #TaxSavings #TaxPreparation #TaxPlanningTips #TaxDeductions #FinancialPlanning #IncomeTaxTips #PersonalFinance #WealthManagement #TaxRefund #FinanceConsultant #TaxRegulations #BusinessTaxes #IncomeTaxIndia2024 #FilingMadeEasy #TaxHelp #FinancialConsulting #SmartTaxFiling #IncomeTaxReturnFiling #TaxKnowledge #zfiling #zfilingfinancialservice #zfiling