Who is Accountable for Zero Sexual Harassment of Women at Workplace

Providing Protection to Women from Sexual Harassment at Workplace Premises including WFH- Who is Accountable, Answerable & Liable


As enshrined in the Preamble of the “Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013” duly gazetted on 9th December 2013, Each and Every Employer of Workplaces in India including our dwelling place/space is accountable, answerable, chargeable, liable before the Laws and fully responsible for Providing Protection to Women, whether employed or not at concerned Workplace Establishment; including WFH (Work from Home) and arising out of her Employment.

The relevant extract/part of the aforesaid Preamble is reproduced below for ready reference:

An Act to provide protection against sexual harassment of women at the workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto;

Further, the said Act of 2013, stipulates categorically and clearly that Sexual Harassment of Women at Workplace, in course of Employment and or arising out of her Employment, results in violation of the Fundamental Rights of Women to Equality under Articles 14 and 15 of the Constitution of India; and violation of Fundamental Rights of Women to Life and to Live with Dignity under Article 21 of the Indian Constitution; and violation  of Fundamental Right of Women to Practice any profession or to Carry on any occupation, trade or business which includes a Right to a Safe Work Environment Free from Sexual Harassment; and

Furthermore, the said Act of 2013, commonly referred to as the PoSH Act, specifically stipulates that “Protection against Sexual Harassment and the Right to Work with Dignity are Universally Recognized Human Rights by International Conventions & Instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June 1993 by the Sovereign Government of India; and it is expedient to make provisions for giving effect to the said Convention for Protection of Women against Sexual Harassment at Workplace and arising out of her Employment;

Who is an Employer:

 The Expression / Word "Employer", as defined .and explained in Section-2 {g} means and includes--

(i) in relation to any department, organization, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate Government or a local authority, the Head of that Department, Organisation, Undertaking, Establishment, Enterprise, Institution, Office, Branch or Unit or such other officer as the appropriate Government or the local authority, as the case may be, may by an order Specify in this behalf; and

(ii) In any workplace not covered under sub-clause (i), any person responsible for the Management, Supervision and Control of the Workplace Establishment  Premises.

Explanation: For the purposes of this sub-clause "Management" includes the Person or Board or Committee responsible for the formulation and administration of policies for such organization;

(iii) in relation to the workplace covered under sub-clauses (i) and (ii), the Person discharging contractual obligations with respect to his or her employees;

(iv) in relation to a Dwelling place or House, a Person or a Household who employs or benefits from the employment of a domestic worker, irrespective of the number, time period or type of such worker employed, or the nature of the employment or activities performed by the domestic worker;

It is now crystal clear that Every Employer and Member of the Management Team and the Contractors engaged by Principal Employers all together are Law-bound to Provide Protection to Women from Sexual Harassment at the Workplace Establishment Premises and precincts thereof, and in view thereof

It is incumbent on the part of each Employer, Management Cadre Employee to become fully and thoroughly Familiar with their Legal Duties, Responsibilities, and Role to Take Every viable action-steps faithfully and sincerely, in Letter and Spirit of the Laws by Seeking and Securing, Complete Collaboration of the Employees at the Workplace.

Duties of Employers in Section-19 of SHWW (P, P&R) Act 2013

To Safeguard themselves from the dire Penal Provisions including Fines, Suspension of Business Licence/ Permission and or Imprisonment Employers to please Obey the Laws of our Land, scrupulously.

Employers, Head of HR Dept, Managers, Employees especially Women-Employees and any other Individual is Welcome to Seek & Secure any Clarification, and or Share their Perspectives, Views…

A reported Surge in Sexual Harassment Complaints indicates Employers’ Accountability & Liability are not taken in true spirit & falling on deaf ears.

Let’s do our Fundamental Duty to Uphold the Rule of Law propounded by our own Constitution.

Employers, Inspire your Employees.


Comments

Post a Comment

Popular posts from this blog

PoSH Laws Not Implemented Faithfully & Properly - Supreme Court of India Reprimands Defaulting Employers For Disrespecting our Own PoSH Laws

"PoSH Laws Not Implemented Faithfully & Properly - Supreme Court of India Reprimands Defaulting Employers For Disrespecting our Own PoSH Laws". Once more, once again, on 12 th May 2023, our Honorable Supreme Court, admonished all the Employers as well as the Occupiers of each and every Workplaces; and all the Authorities in Central Government and State Governments and Union Territories; and all the designated Chief Secretaries; HODs and Managers for not complying with and Not Obeying and Not Implementing, faithfully and properly the Provisions of the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal Act 2013, and the Rules framed thereunder and gazetted on 9 th December 2013. Simultaneously, almost in the same breath, Hon’ble Supreme Court of India, alerted all the Employers and the Occupiers of Workplaces; and all the Authorities in Central Government and State Governments and Union Territories; and all the designated Chief Secretarie
Read more

Why Ritual Compliance with PoSH Law Must Come to an End?

  Why Ritual Compliance with PoSH L aw   M ust Co me to an  E nd?   After Nine years of POSH law in place, do you think it has achieved its objectives and has delivered what was expected of it? Answer from Harsh K Sharan:   An assertion is just an assumption in absence of verified data. So, I abstain from authoritative comment on "Whether Posh Laws has achieved its stated objectives as enshrined in its preamble and in sections especially Section-19 titled Duties of   Employers. However, I do affirm and vouch, as a longtime PoSH Service Provider particularly since 1997 when Hon'ble Supreme Court issued Vishakha Guidelines for Employers; that the legislative intent of the Act has not been achieved in full measure by employers even after 8 years elapsed. The Lapse is due to inert response from alarmingly high no. of employers who failed to fulfill their duties
Read more

"Exploring the 24 Essential Duties and Responsibilities of Internal Committees"

  " Exploring the 24 Essential Duties and Responsibilities of Internal Committees "   Introduction : Almost 10 years ago, “Internal Committees” , came into being when a New Epoch-making Law was passed by our Sovereign Country, namely the “ Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013 along with the “Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Rules 2013, were gazetted on 9 th December 2013, and with immediate effect came into force and became “Binding and Final” on all  the Employers, Occupiers and the Management Team/Managers of all Workplaces throughout the length and breadth of our Nation, irrespective of Number of Employees/ Persons/Workers – Permanent; Temporary, Probationers, Trainees, Interns and or Workers engaged/employed through Contractors, present at the respective Workplaces  Premises. “Internal Committees”, originated on 13 th August 1997, a lmost 16 years before Promulgatio
Read more