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.
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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