SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT, 2013 (POSH), AND GENDER EQUALITY AT WORKPLACE
Sexual harassment of women at the workplace act, 2013 was passed in pursuance of Vishakha guidelines given by the Supreme Court way back in 1997. In Vishakha and others vs the state of Rajasthan, Supreme Court acknowledged the gravity of sexual harassment of working women and laid down guidelines making it mandatory for employers to prevent the commission of such act. India had already signed and ratified the convention on the elimination of all forms of discrimination against women, (CEDAW) but had no domestic law in furtherance of it. So, this was to assimilate the international obligation in the Indian legal system. Sexual harassment of women at the workplace act, 2013 scope – It extends to all private as well as public places. It covers schools as well as colleges. It also covers the transportation is taken and places visited by an employee during the course of employment. It shall also extend to army men, as decided by the armed force tribunal.
The type of attitude depicted in the scene towards the other sexes generally stems from a mindset that starts with gender inequality. Gender inequality affects men as well as women.
What are the gender issues faced by men and women in the workplace?
For instance, Mr. X works for an IT company and finds a difficult to balance family and work. He has been planning for a long to give more time to the hobbies that he wanted to pursue and spend more time with his children. His wife is a qualified Chartered Accountant and had a very successful career before marriage. However, living in a nuclear family, she had given up her job to take care of her family. One day, Mr. X was talking to his colleagues and shared with them his desire to give up his job and take care of the family while his wife acts as the breadwinner of the family and simultaneously fulfills her career aspirations. His suggestions, however, were net by mockery from his friend. They said taking care of the family is only the prerogative of women and he would lose the respect of his wife if he took this decision. The given scenario highlights the presence of gender inequality and the mindset that only men can while important positions and family was only the responsibility of women. Women are working in the same capacity as men in all the work areas and at all levels of society they have acquired and nurture soaring career graph in any profession they required to get ahead in jobs some of which more and more women are venturing into areas traditionally dominated by men and households as well as providing a sense of fulfillment among women in most of the countries’ governments are ensuring that the potential of women is tapped to the maximum.
What is the requirement of sexual harassment of women at workplace act, 2013?
It was required for gender equality at workplaces it is very important to tap a vast source of human capital. It was also to get rid of a hostile environment at workplaces. This act was also important to protect fundamental rights under articles 14, 15, 19(1)(g), and also realize provisions of article 42 which is the directive principle of state policy in which the state has been directed to provide just human conditions at work. Sexual harassment results in a violation of the right to equality under article 14, 15 and the right to life and lives with dignity under article 21, right to practice any profession or carry on any occupation trade or business include the right to a safe environment and freedom from sexual harassment. This act was required for inclusive growth and social development. This act provides for the definition of sexual harassment of women at the workplace. Any man committing any physical contact and advances, a demand or request for sexual favors, showing pornography against the will of women, making a sexually colored remark will include under the sexual harassment act.
Who qualifies under the protection of this act?
Any woman who is employed in an organization is a client, customer, daily wage worker, or any work accomplice, is a student or research scholar in an educational institute, is a patient in a hospital, employed in unorganized sectors, provides for the redressal mechanism, provides for the constitution of an Internal Committee, wherever there will be more than 10 employees provides for a local committee at district and block levels. The committees have to complete the inquiry in 90 days and then send the report to the district officer, who has to take action in 69days. The act requires employers to conduct education and sensitization programs and develop policies amongst other obligations. In addition, legal measures such as the Adult Survivors Act play a vital role and strengthens legal protections for adult survivors of sexual harassment and assault, ensuring their voices are heard and their rights are upheld. It is crucial for employers and organizations to stay informed about these legal developments and take proactive steps to create safe and respectful environments for all individuals.
Conclusion
The act also provides for safeguards against false allegations. Before initiating the inquiry, if requested by the complainant, conciliation is to be provided by the committees. The inquiry process under the act lays down a penalty of Rs. 5000 on the person who has breached confidentiality.
