Abstract

Women were always considered as the object and were always subjected to derogation and humiliation
from the time immemorial but in the ancient and medieval era, the women were suffered from this type
of cruelty and harassment within the four walls because they have confined themselves but with the
advent of the modern society, the women did not limited themselves within the four walls but became
the bread maker and becomes active in all the fields and put themselves in the same level playing field
just like the men. But every coin has two sides working outside of a women is very positive aspect but
with this the ambit of the harassment were also extended to the workplace and continue to haunt the
women physically as well as mentally. There were many headlines which make us aware of the condition
of the women at the workplace that how much humiliation, trauma and harassment they were suffering
at their respective workplace. Maybe the society has changed but the mentality of the people were not
changed and that’s pity. But the judiciary was taking the active steps regarding this matter which will
discuss in detail in this blog.

Introduction

Vishakha, a female worker who was harassed at the workplace and which led the formulation of the
most infamous case Vishakha v. State of Rajasthan which was known for the famous Vishakha guidelines
and which was superseded by the Prevention of Sexual Harassment Act, 2013 which came into force on
9th December 2013. This act as the name suggesting itself gives the insight regarding the provision of the
sexual harassment of women at workplace. The main aim of this act is to provide security and protection
and safety to the women at the workplace so that they can make progress and led a peaceful and stable
life and for the very same purpose this act also led to the formulation of two committees that were
Internal Complain Committee (ICC) and Local Complain Committee (LCC).

Every employer is bound to constitute a committee i.e; Internal Complain Committee (ICC) which should
consist a presiding officer who must be a senior level woman at a work place other two members having
experience in the social work and one NGO member who is acquainted with the issues relating to sexual
harassment. In short women should constitute at least half of this composition.

There are certain powers and responsibilities which are implied with the ICC. It will initiate the inquiry
when the complaint regarding the sexual harassment filed by the women at the workplace it will collect
the proofs and evidences and also have possess the power to summon the witnesses. It will direct and
order the concerned authority to take the necessary action regarding the complain. It also provides the
recommendary measures so as to prevent the future cases on harassment. In short it undertakes the
functions of prohibition, prevention and redressal.

Now, the one step ahead was the constitution of the Local Complain Committee (LCC). The District
officer (DM, ADM, Collector, Deputy Collector) constitute a committee i.e; the Local Complain
Committee (LCC) in the district when the respondent is itself the employer or the ICC cannot be
constitutes because of a valid reason. This will contain the chairperson who will be the women eminent
in the social work. One member which will be the women again working in the ward or a block and the
other two members, one will be the women, from the NGO who is acquainted with the issues relating to
sexual harassment. And also one should be well versed in the legal knowledge. And one will belong to a
SC, ST or OBC or minority community.

The LCC has similar powers and functions as an ICC. It compensates the victims; provide suitable or
necessary actions and also posses the authority to conduct the inquiries. it can call upon the witnesses,
collect evidences and ensure that the secrecy and confidentiality during the entire process. It acts as the
guardian of the act because it makes sure that there will be the proper and effective implementation of
the act at the district level and also monitor the same. It also provides a brief and timely report to the
concerned authorities.

Conclusion

The issue of sexual harassment of women at the workplace has been very comprehensively addressed
by the governmental authorities. The committees which the POSH Act has constituted are thorough. The
functions of ICC and its powers make it possible to address the serious issue of sexual harassment
comfortably. A limited time frame is also stipulated to carry out the inquiry procedure properly so that
the problems could not last very long and the aggrieved individual can stop compromising with her
fundamental rights. Both ICC and LCC aim to achieve the three objectives of the Act, i.e. Prohibition,
Prevention and Redressal of the problem of sexual harassment and let the women work with dignity in a
comfortable environment upholding the constitutional spirit.

Frequently Asked Questions (FAQs)

1. What defines harassment?

Harassment comprises of behaviour that is offensive, and has the potential to cause or causes adverse
impact on one’s emotional and physical well-being, productivity and/or relationships, which could result
in creating a toxic environment at the workplace.

2. Who can file a complaint of sexual harassment at workplace ?

According to the POSH Act, any woman who is working in or visiting a workplace for the purpose of
employment can file a complaint. She can be working as a permanent, temporary or adhoc employee or
on daily-wages, voluntary or contract basis. A visitor, probationer, trainee, apprentice and intern are
also entitled to file a complaint.

3. What is Sexual Harassment at workplace ?

 Sexual Harassment is any unwelcome act or behaviour (whether express or implied), such as:-
 Physical contact or advance
 A demand or request for sexual favours
 Making sexually coloured remarks
 Showing pornography
 Any other physical, verbal or non-verbal conduct of a sexual nature.
 Sexual harassment at workplace can take various forms. It can involve conduct such as:
  unwelcome touching, hugging or kissing
 staring or leering
 suggestive comments or jokes
 unwanted or persistent requests to go out
 intrusive questions about another person’s private life or body
 Deliberately brushing up against someone
 insults or taunts of a sexual nature
 sexually explicit pictures, posters

4. What about maintaining confidentiality of the cases related to sexual harassment at workplace?

The Act prohibits the disclosure of:

 Identity and address of complainant, respondent and witnesses

 Information pertaining to conciliatory/ inquiry proceedings or recommendation of ICC or action
taken by the employer.

Breach of confidentially will invite a penalty of Rs. 5,000/- which will be collected by the employer

Exception: Dissemination of information regarding the justice secured without disclosure of name,
address, identity and particulars of complainant or witnesses

5. What are the obligations of employer under the SH Act?

 Formulation of an Anti Sexual Harassment Policy

 Display within organisations the penal consequences of sexual harassment at places where it
could be viewed by majority of the people
 Create an ICC at each location and display their contact details
 Sensitisation and training of employees and ICC members
 Provide administrative support and monitor timely submission of reports by ICC
 Mention the number of cases filed and disposed of under the SH Act within organisation’s
annual report.
 Help the aggrieved women in registering criminal case, if she so desires