Despite the enactment of the Sexual Harassment of Women at Workplace (POSH) Act in 2013, sexual harassment continues to be a significant challenge. Over one in five employees has faced violence and harassment at work, with the World Bank noting that such experiences can drastically affect women’s productivity and life decisions.
The recent high-profile tragedy in Kolkata has brought the urgent need for effective implementation of the POSH Act into sharp focus. Although this legislation was a critical step forward, its application has been inconsistent, even a decade after its introduction.
Research by Akshi Chawla, Director of CEDA, reveals that harassment cases are disproportionately concentrated within a few companies. This highlights both individual failings but a broader issue of compliance and awareness within the corporate sector. And there is widespread underreporting due to fear and stigma, this masks the full scale of the crisis.
Accurately measuring workplace harassment also remains a major challenge due to complex factors influencing reporting behaviour. An increase in reported cases might suggest improved awareness and complaint mechanisms, but it could also reflect a greater willingness of survivors to come forward.
To genuinely address and eradicate sexual harassment, organisations must move beyond mere compliance to build a culture of respect and accountability.
This guide provides a practical roadmap to help businesses implement the PoSH Act effectively and create workplaces where everyone feels valued and secure.
Step 1: Draft a Comprehensive PoSH Policy
A well-crafted PoSH policy is the foundation for a harassment-free workplace. It should clearly define sexual harassment, outline the organisation’s commitment to prevention, and establish a robust complaint handling process. To ensure maximum impact, the policy should be written in clear and accessible language, avoiding legal jargon. Involving employees in the policy development process can help build ownership and understanding.
Clearly outline what constitutes sexual harassment, aligning with the PoSH Act.
Outline the organisation’s commitment to preventing and addressing sexual harassment.
Establish procedures for reporting complaints, investigation, and redressal.
Specify the composition and responsibilities of the Internal Complaints Committee (ICC).
Include details about confidentiality, protection against victimisation, and disciplinary actions.
Step 2: Constitute an Internal Complaints Committee (ICC)
The ICC is the frontline for addressing complaints of sexual harassment. It’s vital to have a well-trained, impartial ICC to manage and investigate issues effectively. The committee’s composition and training are key to ensuring that complaints are handled fairly and justly, providing employees with a trusted channel to report and resolve concerns.
Ensure the ICC comprises members with legal, medical, and social work expertise.
Appoint a woman as the head of the ICC.
Provide necessary training to ICC members on handling complaints, conducting investigations, and maintaining confidentiality.
Step 3: Create Awareness
Building a culture of respect and equality is essential for preventing sexual harassment. Launching thorough awareness programs helps educate employees about their rights, responsibilities, and the repercussions of harassment. By promoting open communication, organisations can create an environment where victims feel empowered to come forward without fear.
Conduct mandatory training programs for all employees, including management.
Use various communication channels (posters, emails, workshops) to disseminate information.
Emphasise the importance of reporting incidents without fear of retaliation.
Promote a culture of respect and equality.
Step 4: Establish Complaint Mechanism
An effective and accessible complaint mechanism is crucial for encouraging victims to report incidents. By offering multiple reporting channels and ensuring confidentiality, organisations show their dedication to supporting victims and handling complaints with the seriousness they deserve.
Clearly communicate the complaint reporting process.
Provide multiple channels for reporting, such as in-person, written, or electronic.
Ensure confidentiality and protection for complainants.
Step 5: Conduct Investigations
Timely and unbiased investigations are key to uncovering the facts and delivering justice. The process should adhere to principles of natural justice, ensuring that both the complainant and the respondent have a chance to present their sides of the story. This approach upholds fairness and helps achieve a just resolution.
Promptly initiate investigations upon receiving a complaint.
Adhere to principles of natural justice during the investigation.
Collect evidence, interview witnesses, and record proceedings.
Provide opportunities for both the complainant and respondent to present their case.
Step 6: Redressal and Prevention
If the accused is found guilty, appropriate action must be taken while ensuring the victim receives support and counselling. Additionally, instituting preventive measures is crucial for creating a long-term solution and reducing the likelihood of future incidents.
Take appropriate action against the accused if found guilty.
Provide counselling and support to the complainant.
Implement preventive measures to avoid similar incidents in the future.
Step 7: Annual Report
Regular reporting and review are vital for assessing the effectiveness of your PoSH policy and pinpointing areas for improvement. Annual reports ensure transparency and accountability, helping to track progress and maintain a commitment to a harassment-free workplace.
Prepare an annual report detailing the number of complaints, investigations conducted, and actions taken.
Submit the report to the District Officer of the area and The Local Commissioner for Women.
Additional considerations
Regularly reviewing and updating the PoSH policy is essential to keep it aligned with legal changes and the evolving needs of the organisation. It can be beneficial to hire an external expert to provide training or assist with investigations, bringing in a fresh perspective and specialised knowledge.
Gathering feedback from employees about the implementation of the PoSH Act helps identify areas for improvement and ensures that the policy effectively addresses their concerns. It is also crucial to ensure compliance with data protection regulations when handling sensitive information to safeguard privacy and maintain trust.
Eventually, it’s not just about complying with legal requirements, but also about nurturing a positive work environment. This can result in boosted employee morale, heightened productivity, and an improved reputation.
The last words
Some critics argue that the PoSH Act places an undue burden on organizations, especially smaller businesses. But the truth is, the long-term benefits of implementing the Act far outweigh any short-term costs. By creating a safe and inclusive workplace, companies can reduce employee turnover, boost productivity, and strengthen their reputation. Plus, adhering to the Act can help organizations avoid costly legal disputes stemming from harassment cases.
Another common concern is the potential for false accusations under the PoSH Act. While this is a valid worry, it’s important to remember that the Act includes safeguards to protect against false claims. With thorough investigation procedures and legal remedies in place, the rights of both the accuser and the accused can be safeguarded.
For employees, the PoSH Act provides more than just a legal shield; it offers a sense of security and empowerment. When employees know their rights are protected, they’re more confident and satisfied in their roles, contributing to a healthier and more productive workplace.
While the PoSH Act isn’t without its critics, its benefits are clear. To keep it effective, continuous effort is needed from both policymakers and organizations. By working together, they can address emerging challenges and adapt to the ever-evolving dynamics of today’s workplaces.