Approach:

Introduction: Give a brief introduction about sexual harassment and PoSH Act.

Body: Briefly describe how the provisions of the PoSH Act ensure safer workplace. Highlight the challenges in its implementation.

Conclusion: Talk about the measures that need to be taken to ensure effective implementation of the law.

Answer:

Sexual harassment in the workplace is considered a grave violation of fundamental rights, basic human rights, antithetical to gender equality and an inclusive workplace. According to the anti-sexual harassment advisory Complykaro.com analysis, the total number of sexual harassment complaints at workplaces climbed by 27 per cent in 2021-22 compared to 2020-21 reflecting its seriousness.

The Prevention of Sexual Harassment of Women at Workplace Act, 2013 (PoSH Act 2013) lays down a comprehensive legal framework for addressing and preventing sexual harassment in workplaces to ensure a safer workplace -

1. Defines an Employee: All women employees, whether employed regularly, temporarily, contractually, on an ad hoc or daily wage basis, as apprentices or interns or even employed without the knowledge of the principal employer, can seek redressal to sexual harassment in the workplace.
2. Expands the definition of Workplace: The law expands the definition of ‘workplace’ beyond traditional offices to include all kinds of organisations across sectors, even non-traditional workplaces and places visited by employees for work. It applies to all public and private sector organisations throughout India.
3. Defines sexual harassment: To include unwelcome acts such as physical contact and sexual advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
4. Detail elaboration on the circumstances that would constitute sexual harassment if they are connected to the above-mentioned acts-
1. Implied or explicit promise of preferential treatment in employment.
2. The implied or explicit threat of detrimental treatment in employment.
3. The implied or explicit threat about present or future employment status.
4. Interference with work or creating an intimidating or offensive or hostile work environment and
5. Humiliating treatment likely to affect health or safety.
5. Internal Complaints Committee (ICC): This act mandates that all workplaces in the country, including government and private sector organizations, must set up an ICC to receive complaints of sexual harassment and ensure timely resolution.
6. The Act also mandates Local Committees (LC) in every district in the country to receive complaints from women working in Firms with less than 10 employees and from the informal sector.

Challenges in the implementation of the law:

1. The law is largely inaccessible to women workers in the informal sector: As more than 80% of India’s women workers are employed in the informal sector.
2. Huge underreporting: Due to the power dynamics of organisations, fear of professional repercussions (loss of employment), concrete evidence is often lacking, etc.
3. Lacunae in the constitution of ICCs: 16 out of the 30 national sports federations in the country had not constituted an ICC to date.
4. Improper composition of ICCs: ICCs either had an inadequate number of members or lacked a mandatory external member.
5. Lack of clarity in the law: About how to conduct such inquiries, lack of awareness in women employees about who to approach in case of facing harassment, etc.

Concrete ways to address the challenges of sexual harassment at the workplace include comprehensive awareness campaigns, mandatory training programs for employees and employers, stricter enforcement of the POSH Act, simplification of complaint procedures, and extending the Act's coverage to informal sectors.