Author: Triasha Mishra, Adamas university
Linkedin Profile: https://www.linkedin.com/in/triasha-mishra-3a94a4303?utm_source=share&utm_campaign=share_via&utm_content=profile&utm_medium=ios_app
To the Point
Every person after completing his studies , gets into work, and there he must be accompanied by the environment where we can feel equality amongst all, dignity in living and also safe environment, and a person doesn’t get all those if he/ she faces sexual harassment at workplaces. The harassments includes acts like sexual act or behaviour which maybe verbal or non verbal or even physical. But all these types of problems or harassment to be very specific are mainly faced by women, and also a landmark judgement was passed in vishaka v state of Rajasthan (1997). Upon this judgment a whole new act came up, which is named as The sexual harassment of women at workplace ( prevention, prohibition and redressal) Act, 2013, which passed so to address every problem Of them faced in their workplace. This was passed so that women can work freely without any harassment which were frequently faced by them, this was to guarantee that all the workplaces are safe.
Abstract
Whenever someone enters into a workplace the safety is the most demandable condition or even an unsaid condition that a person would wish for. This legal paper researches about the legal jargon’s why they are used, some common asked questions , proofs , case laws which were passed as landmark judgements , everything. This paper will also showcase how a whole act was passed after the landmark judgement by the Supreme Court and also the guidelines that were followed after this landmark judgment. Every woman has the right to feel safe from any type of harassment they think they might face and also people may take undue advantage of them.
That is why the POSH ACT,2013 had come into the force and this has kind of changed the scenario of the workplace after that.
Use of Legal Jargon
Legal jargon is crucial for outlining legal rights, obligations, and processes in relation to women’s safety at work. Under the POSH Act, 2013 (Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act), terms like “sexual harassment,” “hostile work environment,” and “unwelcome behavior” have specific legal meanings and are not merely general terms. Terms like “Internal Complaints Committee (ICC),” “employer’s liability,” “redressal mechanism,” and “disciplinary action” are used in the Act to specify how complaints should be handled and legally resolved. These legal terms aid in preserving consistency and legal correctness in various situations and professional settings. For instance, “quasi-judicial powers” granted to ICCs enable them to carry out investigations akin to those of courts, and “natural justice” guarantees both parties a fair hearing. Making use of these words make the validity legally ensurable.
The proof
The POSH Act of 2013 requires both practical and legal measures to demonstrate women’s safety in the workplace. This covers the presence of a well-defined policy against sexual harassment, the appropriate establishment and operation of an Internal Complaints Committee (ICC), and documentation of complaints resolved in accordance with the law. Additional evidence is provided by regular training sessions, awareness campaigns, and policy displays. Furthermore, timely disciplinary action in complaints, the ICC’s annual report submission, and the upkeep of inquiry records serve as evidence. When taken as a whole, these components show that the workplace is making legal and practical efforts to guarantee a safe environment for women.
Case Laws
1. State of Rajasthan v. Vishaka (1997)
[Reference: AIR 1997 SC 3011]
• Significance: In a landmark ruling, the Supreme Court established the Vishaka Guidelines, which serve as a guide to stop sexual harassment in the workplace when there is no specific law in place.
• Facts: The court framed preventive measures based on Articles 14, 15, 19, and 21 of the Constitution after a social worker was gang-raped while carrying out her duties.
• Result: The POSH Act of 2013 was based on these rules, which were mandatory for all employers.
2. Union of India v. Medha Kotwal Lele (2013)
[Reference: 1 SCC 297 (2013)]
• Significance: The Supreme Court ordered all states and employers to correctly implement the Vishaka Guidelines, emphasizing their strict adherence.
• Result: The court ruled that noncompliance would result in disciplinary action and that the guidelines must be regarded as enforceable law until they are superseded by legislation, as was the case with the POSH Act.
3. A.K. Chopra v. Apparel Export Promotion Council (1999)
[ Reference: AIR 1999 SC 625]
• Significance: The court confirmed that even an attempt or unwanted behavior qualifies as sexual harassment and upheld the termination of an employee who had made sexual advances toward a female coworker.
• Result: The ruling upheld the notion that harassment can be proven without physical contact; even suggestive or improper behavior is punishable.
4. Dr. Punita K. Sodhi v. Union of India & Others (2010)
[ W.P. (C) No. 367/2010 is cited. ]
• Significance: The case highlighted the value of natural justice in ICC investigations as well as the need for fair procedures when handling complaints.
• Outcome: Verified the complainant’s and respondent’s rights to a fair trial.
Conclusion
One of the biggest obstacles to maintaining a secure, just, and respectable workplace is sexual harassment. Many people, especially women, still experience inappropriate behavior, coercion, and discrimination in the workplace despite the development of legal frameworks and greater awareness. In addition to violating one’s own dignity, this type of harassment also violates fundamental rights like the right to equality, the right to work in a safe environment, and the right to live in dignity.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 marked a significant legislative breakthrough in India by mandating the creation of Internal Committees.But laws alone are insufficient. To genuinely eradicate this problem, proper implementation, broad awareness, and a change in workplace culture are necessary.Regular sensitization, open reporting procedures, and a zero tolerance culture must all be promoted by organizations. Encouraging victims and witnesses to speak up without worrying about reprisals or stigmatization is equally crucial. Men are equally important in opposing toxic behavior, helping their coworkers, and fostering respectful work environments.
In summary, sexual harassment in the workplace is a social, psychological, and human rights issue in addition to a legal one. A multifaceted strategy including education, the law, and group responsibility is needed to combat it. We can only guarantee that everyone, regardless of gender, can work with equality, respect, and dignity by establishing genuinely inclusive and safe work environments. Any progressive society’s future rests on its employees being empowered andprotected from harassment, discrimination, and fear.
FAQS
What is workplace sexual harassment?
Ans) Any unwanted sexually suggestive act or behavior, whether verbal, nonverbal, or physical, is considered sexual harassment. Lewd comments, inappropriate touching, sexual advances, displaying pornography, and requesting sexual favors are all examples of this.
2) Does this matter fall under any particular laws in India?
Ans )In fact, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, also known as the POSH Act, governs this issue in India.
3) Who is protected by the POSH Act?
Ans)Regardless of whether they work for the government or the private sector, all women employees—whether regular, temporary, ad hoc, or interns—are protected. It is applicable to workplaces, schools, and even homes where domestic help is employed.
4) Is it possible for men to complain under the POSH Act?
Ans) No, women are specifically protected under the POSH Act. However, if men are harassed, they can file a complaint under other general criminal laws.
5) If a woman experiences harassment at work, what should she do?
Ans)Within three months of the incident, she should submit a written complaint to her employer’s Internal Complaints Committee (ICC).
6) What happens if the company doesn’t have an ICC?
Ans)The woman can address the Local Complaints Committee (LCC), which was set up by the District Officer, if the ICC is not constituted.
