POSH ACT-2013

    POSH ACT-2013https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.dreamstime.com%2Fphotos-images%2Fsexual-harassment.html&psig=AOvVaw0bjEMPPbaSco0sTch1vSdx&ust=1615032905299000&source=images&cd=vfe&ved=2ahUKEwj1p57GkJnvAhXEVn0KHV4qD9QQr4kDegUIARCWAQ

    INTRODUCTION-POSH ACT

    Women at work place when harassed by any member of the place where she works, sexual harassment of women at work place. The environment became hostile and difficult to live with respect in such workplace. The rights of human right that came first to protect the rights of human , principles like UDHR taken by government of India to protect the rights of women, before Vishaka guidelines case there is not act that protect the right of women, rights like right to liberty and equality and equal protection of women at workplace violated by at workplace.

    Whereas, with this Supreme Court, issues the guidelines that protect the rights of women with conventions taken from UDHR (universal declaration of human rights) AND CEDAW (Convention on elimination of all forms of discrimination against women). Women at workplace if not feel safe has the right to approach to court with the provisions of enactment of new act sexual harassment (prevention, prohibition and redressed) Act, 2013 or POSH act, 2013.

    BACKGROUND-POSH ACT

    Vishaka V. State If Rajasthan Case[1]– in this case the women was working as social worker and appointed as government worker, women stopped the marriage of 1 year old girl with man, the other male person standing at the marriage feels disgusted and tries to take revenge from her.

    During the time when she is working, women harassed and raped by 5 people of village. Women reach to lower court for help but at that time there is no law for securing the rights of women devastated by mentally harassing the women at workplace. So, all the 5 culprits’ became free from the case.

    The NGO Vishaka helps the women filling the petition at Supreme Court of India. Supreme Court understands the need of new guidelines that act as statutory in absence of provisions that protect the women. The guidelines help the women to protect their right during the time of any sexual offence at workplace.

    Offence committed by the man by showing verbal, picture or any other sign that affect the dignity of women.

    Showing pornography or touching the private part of women at workplace.

    The environment in which women work must kept clean and hygienic.

    Women must feel safe at place where she works. She must not feel mentally and physically ill by any mischief activities at workplace.

    POSH ACT-SEXUAL HARRASMENT ACT

    After the enactment of this act, government initiated two committees internal complaint committee that contains 10 members with 1 officer as female worker in this committee the ratio of women is higher than the man, as the committee takes the complaint of sexual harassment at their own company or department or any other area of workplace.

    The compulsory establishment of this committee helps women to file a complaint inside the premises, however the committee works on the principle of natural justice, that tries to investigate the matter within 10 days and later if offence is heinous that transfer the complaint in police station.

    Whereas, another committee formulated at district level with less than 10 member and the officer in charge at the local complaint committee hand over with district magistrate, any such complaint at district level handover to district magistrate, in case of Ruchika Singh Chabbra V/S Air France India And Anr.[2]

    Any aggrieved women has the right to file a complaint in any of the committee, such women if died in incident any of the relatives or friend can came on her behave to file the complaint.

    Whereas any aggrieved women who, after this incident became mentally sick and taking treatment from hospital or fighting from depression any of the relatives or family member can came forward to file the complaint. Within 3 months the aggrieved women has the right to file the complaint in either of the committees. As per stated in rule 6 of POSH Act, 2013.

    Within 90 days the committee has the right to investigate the case, if the member belongs to the same workplace then; internal committee tries to solve the matter through settlement but if both the parties do not agreed the matter transferred to police station as complaint on behalf of women.

    Any person if committed the offence, with same working place, such person is liable to pay the compensation to aggrieved women by deducting the money from the salary of employer as per rule 9 and section 15 of POSH Act, 2013.

    Whereas in case of harassment or any mischief act done by domestic worker such complaint filed under 509 of Indian penal code, only if prima facie evidence present.

    According to rule 10,if any false complaint or malicious complaint filed by aggrieved party against the person and its proved by committee that the case filed by the women forged complaint, the person is liable to punishment for defaming or tarnishing the image of the employer in society. Such person liable to fine or imprisonment up to 7 years or less as per decided by the court.

    Under section 19 and 20, the district officer has the role to play in investigation of victim, investigation must be fair, it must protect the right of the women, all the documents and evidence must taken in consideration by district officer.

    If any person declare the name or defame the image of aggrieved women by publishing the news in any news paper or television such person is liable to penalty as per section 16 of POSH Act, without the person consent no person has the right to publish any statement or article such act could lead to defamation and loss of reputation of aggrieved women in society.

    CONCLUSION

    There is a need for awareness of POSH ACT,2013 at school, universities and at workplace, so that people must know what exactly they can do in case of worst situation.

    The role of committees –local and internal complaint committee must explained to larger audiences through slogan, speaker, templates, drawing at wall, advertisement, such things must not be hide to the general public , the knowledge must be spread evenly to all.

    Police station during the case of domestic worker must be vigilant enough to take and write the complaint then, the moment it reached through telephone, by relatives of the aggrieved women or the women itself.

    Women as such situation must be given extra care and healthy environment with motivational thoughts to improve her mental health within less period of time.

    Women must made independent enough to tackle such situation by immediate help by calling any employer or by calling on toll free number 1947 for help from government to get protection from being victim of harassment at workplace.

    REFERENCE-

    https://www.mondaq.com/india/employee-rights-labour-relations/876830/sexual-harassment-of-women-at-workplace-a-brief-analysis-of-the-posh-act-2013

    http://legislative.gov.in/sites/default/files/A2013-14.pdf

    INTERNAL LINKS-

    LINK-https://legalacharya.com/caseanalysis/internet-case-legal-acharya-01/

    OTHER-https://legalacharya.com/caseanalysis/kesavananda-bharti-01-case-2021/


    [1] (1997) 6 SCC 241

    [2] 2018 SCC Online Del 9340