WORKPLACE HARASSMENT

 

 

A WOMEN’S VOICE IS HER GREATEST POWER-NEVER LET IT GO SILENT

 

PROTECTION OF WOMEN FROM SEXUAL HARASSMENT AT WORKPLACE

 

 

·        INTRODUCTION

Women’s right in India has taken a new change across the nation  over the decades , leading to equal rights at workplace, maternity benefits , equal pay, rights in family  and many more. The changes in law reform had made a positive impact in the society giving  new confidence to the woman across the nation.

·                    SHORT INTRODUCTION TO POSH ACT 2013

A.   POSH (PROTECTION OF WOMEN FROM SEXUAL HARASSMENT AT WORK PLACE) ACT, 2013 is one of the biggest change in the law reform creating a confidence in the women to raise her voice against the unwelcomed acts at her workplace.

B.   Sexual Harassment is well defined in section 2(n) of the said act and section 75 of the BNS (Bhartiya Nyaya Sahita) which includes :- Physical Contact & Advances, demand for sexual favors, sexual remarks , showing pornography , unwelcomed gestures.

·         WHERE TO FILE A COMPLAINT / ESTABLISHMENT OF INTERNAL COMPLAINT COMMITTEE (ICC)

 

The companies may it be public or private have to mandatory form an ICC to deal with such complaints  whereas the Committee should have a Women Presiding Officer and at least half of its members must be the women.

·        PROCEDURE TO FILE COMPLAINT

The women facing the issue of the sexual harassment can raise a complaint to the Internal Complaint Committee (ICC) whereas the ICC is empowered to inquire about the said complaint & allegations proved are genuine , the ICC has power to order compensation , filing of misconduct charges against the said person on whom the allegations are raised.

·        FACT AND CIRCUMSATNCES THAT MADE THE ENACTMENT OF POSH ACT 2013.

1.     The POSH ACT 2013 was enacted by the Hon’ble Supreme Court on the Writ Petition filed by the NGO named Vishaka along with many other NGO’s.

2.     The landmark judgment was passed by 3 bench Judge on 13^th August 1997 named “Vishaka & ors VS State of Rajasthan and ors”.

3.     The Writ was filed for violation of Fundamental Rights of working women under Article 14,19 and 21 of the Constitution of India.

4.     The immediate action was taken against the brutal act of gang rape of a social worker in Rajasthan.

5.     The social worker Bhanwari Devi raised a voice against the child marriage as part of her duty whereas the saddest part is she was raped for the same.

6.     The Rape survivor did not get the justice in the Rajasthan High Court  due to absence of domestic law.

7.     That the case attracted the attention of the several NGO’s  under the collective platform of Vishaka .

8.     That the Writ of Mandamus was filed and the Supreme Court observed that it is time to formulate the guidelines and various law to safeguard the women from such acts at the workplace , that’s when the POSH ACT, 2013 came into existence.

 CONCLUSION: - The said act had given a gender equality and a sense of confidence in the women that such acts of violence needs a voice to be raised. That the enactment of such act had given women a sense of responsibility to the companies including the women employees to safeguard and raise the voice against the wrong.

§  THE ONLY THING WOMEN HAS TO UNDERSTAND IS TO RAISE HER VOICE NOT ONLY FOR HERSELF BUT FOR EVERY OTHER WOMEN LIKE HER.

 

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