The Supreme Court has flagged “serious lapses”

The Supreme Court has flagged “serious lapses” in the implementation of the ten-year-old PoSH Act to protect women from sexual harassment in workplaces, calling for its robust and efficient implementation 

Recently, it has been widely reported in newspapers that a lady has brought up the subject of sexual harassment by a high-ranking official at a reputable company. Her lawsuit stated that the ICC had no space. Since the accuser had authority and a position, not a single employee showed up to support her. It illustrates not just society but also the flaws in the system. Why does society dread speaking up? Why do positions of authority and influence risk the lives of innocent people? 

I vividly recall a woman who sent her children outside the house and shot  herself. Investigations later revealed that the principal of the school where she worked as a teacher had harassed her and demanded a sexual relationship in order for her to continue in her position. For a woman, there should be no exceptions to the rule that her body and dignity come first.

The number of pending sexual harassment cases at workplaces in India's largest ESG complaint companies shows a rise of 101 percent in the year ending March 2023, indicating a huge backlog of complains, and companies' inability to resolve such cases in a timely manner.

The Supreme Court defines sexual harassment as any unwelcome, sexually physical, verbal or nonverbal conduct. Examples include suggestive remarks about women, demands for sexual favours, and sexually offensive visuals in the workplace. The definition also covers situations where a woman could be disadvantaged in her workplace as a result of threats relating to employment decisions.

According to Arora, a rise in the number of pending cases may not be only due to procedural delays. A review of the CRB Report 2021, released in August 2022, shows that crimes against women increased by 15.3 percent from 2021, and increased from 56.5 percent in 2020 to 64.5 percent in 2021 (incidents per 1 lakh population). Nearly 31,000 complaints were received by the National Commission for Women (NCW) in 2022, the highest since 2014.

The Supreme Court Bench comprising Justices Hima Kohli and A.S. Bopanna give its 62-page verdict in an appeal filed against a March 15, 2012 judgment of the Bombay High Court dismissing a Goa University employee’s writ petition against a disciplinary authority’s decision to dismiss him from service on the basis of complaints of sexual harassment.

“Being a victim of such a deplorable act (sexual harassment) not only dents the self-esteem of a woman, it also takes a toll on her emotional, mental and physical health,” the Court said.

Commenting on the effectiveness of PoSH, the Court said: “However salutary this enactment may be, it will never succeed in providing dignity and respect that women deserve at the workplace unless and until there is strict adherence to the enforcement regime and a proactive approach by all the State and non-State actors.”

What are the SC’s recent concerns and directions?

“If the authorities/managements/employers cannot assure them a safe and secure workplace, they will fear stepping out of their homes to make a dignified living and exploit their talent and skills to the hilt,” Justice Kohli wrote in the judgement.

The court directed the Union, States and UTs to undertake a time-bound exercise to verify whether Ministries, Departments, government organisations, authorities, public sector undertakings, institutions, bodies, etc. had constituted Internal Complaints Committees (ICCs), Local Committees (LCs) and Internal Committees (ICs) under the Act. These bodies have been ordered to publish the details of their respective committees in their websites. They were given eight weeks to comply and file affidavits in the apex court.