PoSH Law Ritual Compliance Must Come to an End - Sexual Harassment of Woman at Workplace

 

Concluding 2nd Part of Blog-Post Titled 


PoSH Law Ritual Compliance Must Come to an End - Sexual Harassment of 
Woman at Workplace





Do you think that India Inc. has focused more on mere compliance of this law and less on changing people mindsets to neutralize gender sensitivity? If so, what initiatives organisations should take to make the Workplace safe and secure for women?


Answer from Harsh K Sharan:

Effective monitoring by Govt Authorities of full-scale implementation is yet to be the order of the day; therefore, large no. of employers tend to comply with POSH Laws as a mere ritual or rigmarole or sham. This must end forth with and true-blue compliance be the Hallmark of employers in India.


Employers of workplace establishments must actively seek & secure collaborations from their employees and others present within their work premises in co- creating a truly safe and secure workplace environment where no woman shall be subjected to harassment. Employees' all time active participation is equally crucial.


Employers can launch workplace schemes in closer association with their workforce; institute award of certificate for instilling fraternity etc. to boost voluntary service to the cause of equality.


Changing mindset of our diverse workforce is challenging goal. Mediocrity is so deep-rooted that it may take some time to upturn. In our society as elsewhere, gender- stereotypes are big stumbling block for our gender is single important factor in shaping who we become and "Determines different experiences" we will be exposed to now and in future.


For our sustainable progress and all-round prosperity for all stakeholders this daunting task has to be attempted. Constant education is simple single remedy. Employers are free to find a path or make one taking the help from competent POSH implementation service providers to turn the stumbling blocks into Stepping-Stones. Choice is clear.

 

 

While preventing incidents of Sexual harassment, shoulorganisations's also have something like the moral policing policy on its employees? What can be the good and bad of such policy in present working environment?



Answer from Harsh K Sharan:

Moral Policing is more monstrous, uncivilized and unconstitutional and will surely result in uprooting the trust of employees in their employers. Moral Policing shall wreak more irreparable damage to the psyche of the millennial- mindset. 


Likewise other alternative surveillance set-up such as CCTVs Cameras, already unwelcome, shall further antagonize the workforce and are more likely to wedge deeper divides amongst modern day work populace.


Educating our workforce in tenets of our constitution espousing supremacy of rule of law; our fundamental rights & duties; principles of natural justice etc. is only panacea & path employers should choose and opt for, always.

Full freedom never sucked anyone humans. Let freedom flourish so that every human comes up to contribute for self and others.

 


There has been a growing concern about possible abuse of this law. How organisations can stop the abuse of protective rights provided by law to women and insulate itself from collateral damages that may cause to brand image?


Answer from Harsh K Sharan:

The concern of employers is an escape-goat, out and out an unwarranted exacerbation to contend that there is the possibility of abuse of POSH Laws by the beneficiaries. This must be halted. Not an iota of truth in such a wild claim. Employers are neither ill-fated nor helpless lots abandoned by Laws of the Land. This is verifiable by POSH provisions. Such mala fide attempt to tarnish the Image of women employees will weaken the bond with employers.


Chances of abuse or misuse of POSH Law, is adequately, conclusively and definitely curtailed by Section-14, which categorically prescribes stringent punishment for false or malicious complaint filed by any woman- complainant and also for providing false evidence.

 

POSH Act empowers Internal Committees or Local Committees to recommend to the employer or the District Officer to take action against the complainant in accordance with the Provisions of the Service Rules or Standing Orders applicable when they arrive at a conclusion that i) the allegation against the Respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has ii) Produced any forged or misleading document; with  the  proviso  that  a  mere

The concern of employers is an

escape-goat, out and out an unwarranted exacerbation to contend that there is possibility of abuse of POSH Laws by the beneficiaries. This must be halted. Not an iota of truth in such wild claim. Employers are neither ill- fated nor helpless lot abandoned by Laws of the Land. This is verifiable by POSH provisions. Such mala fide attempt to tarnish the Image of women employees will weaken the bond with employers.


Chances of abuse or misuse of POSH Law, is adequately, conclusively and definitely curtailed by Section-14, which categorically prescribes stringent punishment for false or malicious complaint filed by any woman-complainant and also for providing false evidence.

Inability to substantiate a complaint or provide adequate proof need not attract action against the complainant; and the malicious intent on part of the woman-complainant shall be established after an inquiry in accordance with the procedure prescribed before any action is recommended.

Likewise, IC can recommend action when any witness gives false evidence or produced any forged or misleading document.

Aforesaid insinuation against women is akin to searching for a black cat in a dark black room where there is none at all.    



Attention Eemployers

Please rise up to the pedestal given to you by the wounded people of India who have reposed absolute trust in your management, step up your genuine efforts, and ally with the cause of deliverance of womanhood from the dreary of denial of Universal Human Rights.


Queries and Questions are Invited about Faithful and Proper Compliance with all the Provisions of the SHWW (P, P &R) Act 2013 and the SHWW (P, P &R) Rules gazetted on 9th December 2013, Act 2013 

Thank you for your Attention, Interest, and Time in Reading this Blog Post


Harsh Kumar Sharan, XLRI Alumni

Spl Educator PoSH Mandatory Programs for IC Members and Employees

www.kritarth.in 

hksharan@gmail.com   hksharan@kritarth.in

Blogger Pages ref:

https://holistichr.blogpost.com

https://holistic-hr.blogpost.com







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