Why Implement PoSH at work Guidelines?

Introduction: PoSH at Work

One of the main goals of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 (the "PoSH Act") or women harassment act was to establish an effective complaint handling methodology for women who have been victims of workplace sexual harassment. However, because they are afraid of having to compromise their privacy, which could result in shame, anxiety, humiliation, and fear, many women continue to remain silent when it comes to reporting occurrences of workplace sexual harassment.

Section 16 of the women harassment act inhibits the substance of the allegation, the individuality and addresses of the parties (such as the aggrieved woman, respondent, and eyewitness accounts), and revealed a distinct to rapprochement and inquiry proceedings, recommendations of the Internal Complaints Committee (ICC) or the Local Customer complaint Committee, and the intervention taken by the employer or the District Officer under the stipulation in designed to safeguard the privacy and security of the parties concerned. The law does, however, allow for the dissemination of information about the victim's justice, provided that the aggrieved woman's name, address, identity, or any other information that could lead to her or witnesses' identification is not disclosed. If anyone is found to be in violation of the above-mentioned confidentiality obligations, the PoSH Act imposes a monetary penalty of INR 5,000. (approx. USD 70).

Despite the aforementioned confidentiality restriction, the Bombay High Court noted that there have been no established guidelines in such matters thus far, frequently leading to a scenario in which the parties' confidentiality has been compromised. As a result, it was necessary for the court to establish some guidelines in this regard.

How did it start?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redress) Act, 20131 (hereinafter referred to as the "women harassment act") was enacted with the goal of providing every woman with a safe, secure, and sexual harassment-free work environment. In a landmark decision, Vishaka and others v State of Rajasthan [1997]2, the Hon'ble Supreme Court established the "Vishaka Guidelines" for dealing with workplace sexual harassment, which has now been codified in the women harassment act. Every employer is required by the women harassment act to form an Internal Complaints Committee [hereinafter referred to as ICC] to hear and resolve sexual harassment allegations. The District Officer shall form the Local Complaints Committee [hereinafter referred to as LCC]]" to obtain complaints of sexual harassment from institutions where another ICC has not been formed because there are fewer than ten workers or if the allegation is against the organisation himself.

Why Posh at work is mandatory?

Section 4 of the women harassment act mandates that every employer form an Internal Complaints Committee [ICC] to hear and redress sexual harassment complaints, and section 5 mandates that the District Officer form a Local Complaints Committee [LCC] to receive sexual harassment complaints from establishments where the ICC has not been formed or where the complaint is to be made against the employer himself. The complaints committee is critical in raising awareness about the women harassment act, providing prompt redress for complaints, and ensuring a safe working environment.

While there is a compelling reason to defend the parties' confidentiality given the personal and sensitive nature of such matters, it is also necessary to consider how this can be aligned against the need for oversight and openness. Also, because the women harassment act is a new law, employers and ICC members have been closely following the principles established by various courts in similar cases when interpreting the PoSH Act's provisions, which may no longer be possible in light of the women harassment act Confidentiality Guidelines.

The PoSH Security and privacy Guidelines are hoped to be followed by courts across the country. However, it is unclear whether the guidelines will be limited to workplace sexual harassment cases or will be extended to non-workplace cases as well.