POSH:INVISIBLE HAND TO WOMEN’S EMPOWERMENT
Women in Indian society have been subjected to the Draconian effect, which simply means, women are dominated by men and treated as property by them. Thus in work place as well they subjected to sexual harassment, in contradiction to it a place of work should be a place of maximum productivity, where any harm is absent and with which one can earn as well as lead a stable life. But sexual harassment is highly unacceptable, and voilates constitutionally provided fundamental right of equality and personal liberty, provided in article 14(equality before law), 15(prohibition of discrimination on grounds of race, religion, caste, sex or place of birth) and 21(protection of life and personal liberty).
Thus in order to deal with such a henious crime, and in result of a case law our law making body gave the, Prevention Of Sexual Harassment (POSH) act, 2013. SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ( PREVENTION, PROHIBITION AND REDRESSAL) ACT, which is commonly known as POSH act, 2013, it makes it mandatory for every employer to make their workplace safe and healthy without any fear of being subjected to sexual harm.
Rajasthan is the birthplace of POSH, as in 1992, Bhanwari Devi who was an NGO worker. She was preventing the child marriage of one year old girl, being on duty. This was not favoured by men of the community, hence in order to suppress her, they used sexual harassment as their tool. She reported it to the local regulating authorities, but no attention was paid to her prayer, which resulted in to the harm at a very high level as she was gange raped by the men of that perticular community. Thus later a PIL was filed by Vishaka and other women against the State Of Rajasthan for negligence of the authority and to provide justice to Bhanwari Devi. Thus in the landmark judgement of Vishaka v. State of Rajasthan , the supreme court provided the legally binding guidelines to secure basic fundamental rights of a woman who is empowered enough to earn her livelihood.
POSH has a very vigilant mechanism to deal with its aim, as it mandates that in every work institution there must be an INTERNAL COMPLAINTS COMMITTEE (ICC) which should have ten or more employees. It doesn’t create pressure on an aggrieved woman to make her complaint to IIC, if due to mental, physical incapacity or death, or otherwise, she isn’t able to complain, even her legal heir is allowed to do so. The complaint must be made, in ICC within the three months of the incident and the plea should be forwarded to the police, or enquiry should happen within ninety days. Thus POSH makes it possible for a woman to get speedy justice. Hence in order to conclude the POSH, promotes workplaces to provide ways to deal with issue of sexual harassment at place of work. As mentioned above, tries to give speedy justice to aggrieved women and works as an invisible hand in women empowerment.
Author: Ritika Raju, a Student of Lloyd Law College
