INADEQUACY OF THE POSH ACT, 2013

INTRODUCTION

The world in which we currently live have made significant progress towards achieving gender equality, particularly in the workplace. The proverbial "glass barrier" has been broken by women's substantial advancements in establishing successful careers and assuming leadership positions. The ugly realities of sexual harassment, however, put a stop to all discussions of advancement and equality. Even though we may have made substantial success in getting more women into the workforce, sexual harassment undermines this achievement and puts women and their rights in grave danger.

Sexual harassment at work is a severe societal hindrance since it limits a woman's autonomy and her ability to exercise fundamental freedoms. It promotes a toxic and unfriendly work climate, hinders career advancement, and slows economic expansion. In addition, the woman's personal life and her wellbeing may suffer as a result of these criminal actions. Employers must make sufficient steps to provide a safe workplace and ensure that such harmful actions are discouraged in light of these consequences.

INSIGHT INTO POSH ACT, 2013

The Prevention of Sexual Harassment Act, also known as the POSH Act, went into effect in December 2013. It applies to the entirety of India. This Act was passed with the goal of providing a secure workplace to all women working in India's many industries, whether or not they are organised. According to the POSH Act, sexual harassment includes unwanted physical contact, advances, requests for or demands of sexual favours, sexually charged comments, pornographic displays, and other physical, verbal, or nonverbal acts that are of a sexual character. Arbitration in criminal cases has been done traditionally for many years. To swiftly address sexual crimes against women in their places of employment, this specific Act was written with this scenario in mind. One may still report sexual harassment to the police under the Indian Penal Code. According to this Act, every company must establish an Internal Committee (IC) with at least 10 employees. A Local Committee (LC) must be formed in each district and at the block level if necessary by the State Government's district officer or collector for establishments with fewer than 10 employees or when the complaint is against the employer directly. Additionally, the government is required to provide instruction, plan awareness campaigns, keep track of the number of sexual harassment lawsuits filed, and guarantee that the law is properly applied everywhere.

LIMITATIONS OF THE POSH ACT, 2013

Nearly ten years after the Act's establishment, a number of flaws and gaps have emerged that hinder it from reaching its full potential. As a result of the inadequate and insufficient nature of the law, women continue to suffer. As a result, it is critical to recognise these differences and put practical measures in place to address them. The following list of important concerns is in detail:

· GENDER INEQUALITY: One of the biggest criticisms of the posh legislation is that it excludes incidences of male sexual harassment. Instead of promoting gender equality at work, the POSH Act 2013 is driving a thin line between the genders. Section 2(a) specifically defines an aggrieved woman as one who alleges to have been subjected to an act of sexual harassment. Section 3 states that no woman shall be subjected to sexual harassment at any workplace. Thus, by limiting the scope specifically to women, the Act eliminates the opportunity for the redressal of complaints raised by men or LGBTQ+ individuals.

· LIMITED RESOURCES FOR INFORMAL SECTOR: Institutionally, hundreds of thousands of women are primarily barred from accessing the POSH Act, including those in the unorganised sector. However, no government authority tracks the law's implementation.

· FALSE COMPLAINTS: Men are quite anxious about the POSH Act, which is another critique of the law. They believe that dishonest women may utilise the law to settle personal disputes with co-workers they find objectionable. Men are cautious while speaking with their female co-workers. They are wary of providing comments to a single female employee. Men's apathy and obvious signals of unresolved discomfort have made POSH implementation efforts less effective across enterprises. The Act does provide for redressal of false complaints and punitive actions against a complainant who raises malicious complaints. This should be made part of the policies and awareness sessions of employees as well as complaints committees.

· FEAR OF RETALIATION: Women frequently don't report instances of workplace harassment out of concern that the harasser or the company will take action against them. Most people believe that speaking out against the harasser could result in social stigma, embarrassment, and even more harassment. If the woman complains about a senior employee, these difficulties are exacerbated, raising the likelihood of animosity from co-workers or supervisors, a poor reference for potential employers, or even job loss. This archaic practise of "victim blaming and silence" fosters an atmosphere in which the victim feels defeated, afraid, and suffers long after the terrible crime has taken place.

· ANNUAL REPORT: Further according to the Companies (Accounts) Amendment Rules, 2018, now the board of a company has to mandatorily disclose in its report that it has complied with provisions relating to the constitution of Internal Complaints Committee under the Act. This increases the Directors’ burden and can lead to businesses not incorporating themselves.

CONCLUSION

Despite the fact that there is a legal recourse, many cases of workplace sexual harassment go unreported for a variety of reasons. To encourage better reporting, the law must be explicit about increased application, accountability, implementation, and monitoring. Employers and authorities benefit from high workplace productivity, but it can only be attained by adapting, putting into exercise, and promoting best practises for identifying and managing workplace harassment. In the end, all parties must actively support initiatives to increase awareness and encourage actions to halt such poor working conditions.

~Simone Agarwal