The Supreme Court, in a ruling on May 12, expressed its concern over the lapses and uncertainty in implementing the Protection of Women from Sexual Harassment (PoSH) Act, which has forced several working women to quit their jobs.
In a ruling on May 12, the Supreme Court expressed its concern over the lapses and uncertainty in implementing the PoSH (Protection of Women from Sexual Harassment Act), which forced several working women to quit their jobs.
The Court observed this in a judgement on a case involving an employee from a University in Goa who was dismissed from service on the basis of complaints of sexual harassment. The court stated that the enquiry process was done in a “ tearing hurry” and without adhering to the principles of natural justice.
The 2 Judge bench, comprising of Justices A.S. Bopanna and Hima Kohli had stated that the “ sorry state of affairs” regarding the anti - sexual harassment laws at workplace, even after 10 years of its introduction has been extremely worrying. The Court said that it was now time to take affirmative actions by the Centre and the State.
It was highlighted by Justice Kohli that women often do not report instances of sexual harassment due to their uncertainty about whom to approach and also due to their lack of confidence in the entire process and the ultimate outcome.
It is directed by the Apex Court to the Centre, States and Union Territories to verify whether ICCs (Internal Complaints Committees), LCs (Local Committees) and ICs (Internal Committees) have been constituted by the concerned Ministries, Depts., Govt. Organizations, PSUs (Public Sector Undertakings), institutions and bodies under the said Act and also, make sure that the details regarding respective committees is published on their websites within a span of 8 weeks.
The Court stated that failure to ensure a safe and secure work environment will lead to women fearing to step out of their homes to make a living.
The working environment should not be hostile, insensitive and unresponsive to the needs of female employees, expressed the Court. It has also stressed that the dignity and respect for women at the workplace through the PoSH Act can only be ensured if there is rigorous implementation of the enforcement regime and a proactive approach by all the concerned authorities.
The aforementioned judgment is a reminder that the PoSH Act is a vital tool for protecting women from sexual harassment at the workplace. It is imperative that all the stakeholders i.e. employers, employees and the government work together to ensure that the PoSH Act is implemented effectively.
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