What is POSH Act? "Identification of tormentor by women at workplace does not come easily even today." Examine the statement with substantive examples from India.

Understanding the POSH Act

The POSH Act covers all workplaces, both public and private, including organized and unorganized sectors. It defines sexual harassment broadly, encompassing unwelcome conduct of a sexual nature, including physical contact, advances, requests for sexual favors, and any other behavior creating a hostile work environment. Key provisions include:

• Prevention of Sexual Harassment: Organizations are required to formulate a written policy, conduct awareness programs, and create a safe working environment.
• Internal Committee (IC): Every workplace with 10 or more employees must constitute an IC to investigate complaints and recommend action.
• Local Complaints Committee (LCC): For workplaces with less than 10 employees, or where ICs cannot be formed, LCCs are established by the District Officer.
• Time-bound Investigation: Complaints must be investigated within 60 days, and action taken based on the findings.
• Penalties: The Act prescribes penalties for employers who fail to comply, as well as for the perpetrator of sexual harassment.

Challenges in Identifying Tormentors: A Ground Reality

Despite the POSH Act, identifying and reporting perpetrators remains a significant challenge for women in India. Several factors contribute to this:

1. Socio-Cultural Factors

Indian society is often characterized by patriarchal norms and a culture of silence surrounding sexual harassment. Women may fear social stigma, backlash from family and community, and damage to their reputation if they report an incident. The fear of being labelled or ostracized often outweighs the desire for justice.

2. Power Dynamics

In many workplaces, there is a significant power imbalance between employees and superiors. Women, particularly those in junior positions, may be hesitant to report harassment by senior colleagues or managers for fear of losing their jobs, facing career repercussions, or being denied promotions. This is especially prevalent in industries with limited job security or high competition.

3. Lack of Awareness and Implementation

Despite the Act, awareness about its provisions remains low among both employers and employees. Many organizations fail to adequately implement the Act, lacking functional ICs, conducting regular awareness programs, or providing a supportive environment for reporting. A 2021 study by the FICCI Ladies Organisation (FLO) found that only 33% of Indian companies had fully implemented the POSH Act.

4. Fear of Retaliation

Women often fear retaliation from the perpetrator or their allies within the organization. This can manifest as subtle forms of harassment, exclusion, or even job termination. The lack of robust protection against retaliation discourages women from coming forward.

5. Informal Sector Challenges

The POSH Act’s implementation is particularly challenging in the informal sector, where employment is often precarious, and there is a lack of formal structures for redressal. Women working as domestic workers, agricultural laborers, or in small businesses are particularly vulnerable and have limited access to legal remedies.

Substantive Examples from India

• The 2017 #MeToo Movement: The #MeToo movement in India, sparked by allegations against journalist Vinod Dua, exposed widespread sexual harassment across various industries, including media, entertainment, and academia. While the movement led to increased awareness, it also highlighted the systemic nature of the problem and the difficulties women face in reporting incidents, often due to fear of reprisal and lack of institutional support.
• The case of the former Chief Justice of India (CJI), Ranjan Gogoi (2019): A former employee of the Supreme Court alleged sexual harassment against the then CJI. The case raised questions about the impartiality of investigations within the judiciary and the challenges of holding powerful individuals accountable.
• Numerous unreported cases in the garment industry: Reports from NGOs working with garment workers reveal a high incidence of sexual harassment, often perpetrated by supervisors and factory owners. Workers are reluctant to report due to fear of job loss and economic vulnerability.
• The prevalence of harassment in the healthcare sector: Female doctors and nurses frequently face sexual harassment from patients, colleagues, and superiors. The hierarchical structure of the healthcare system and the power dynamics involved often make it difficult for them to report such incidents.

Addressing the Challenges

Strengthening the implementation of the POSH Act requires a multi-pronged approach:

• Increased Awareness: Conducting regular awareness programs for both employers and employees.
• Robust ICs: Ensuring that organizations have functional ICs with adequate training and resources.
• Protection Against Retaliation: Implementing strict measures to protect complainants from retaliation.
• Strengthening LCCs: Ensuring that LCCs are adequately staffed and equipped to handle complaints.
• Addressing Socio-Cultural Norms: Promoting gender equality and challenging patriarchal attitudes through education and awareness campaigns.
• Extending Coverage to the Informal Sector: Developing mechanisms to protect women in the informal sector.