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

 

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

 

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, faithfully and properly, in letter and spirit of the laws despite deterrent penalties imposed.


Alas, many workplaces still lag behind with stakeholders still expecting full support of their workplace occupiers in co-creating a safe & secure work environment where no woman shall be subjected to sexual harassment". More & more employers/heads of Institutions are waking up to their responsibility to prevent, prohibit and redress harassments which is a pre-requisite for uninterrupted production of goods and services.


In my experience, greater glory dawned in workplaces of such employers who fulfilled their duties and responsibility, faithfully and properly resulting in zero harassment; where fundamental rights of women to live with dignity and honor are supported/sponsored by colleagues. Such workplaces are the best places to work where women ably contribute their 100% like fellow humans.


Women at such evolved workplaces do not get anxious; No longer get frustrated or upset with others. Women are learning thru awareness programs that they are enough; that they can stand-up for themselves, clothed in courage, dignity and pride and above all compassion till it lasts, ready to survive every ordeal. Worth emulating.


I trust the data relating to full or partial implementation of the SHWW (Prevention, Prohibition & Redressal) Act 2013, often referred to as PoSH Act, maintained & updated by District Officers notified under Section-5 of the Act and yet not in the public domain, justify my intention/contention.

 

Do you feel that there are certain flaws/gaps/ambiguities in the POSH Law which should be removed/modified to make it more objective and effective?


Answer from Harsh K Sharan: 

I found no ambiguity in the text of this statute nor noted a flaw or gap. Posh Act is sufficiently precise affording No two Interpretation of any clause or section or sub-section. No noteworthy contradiction, either. POSH Laws are complete and comprehensive.


It is pertinent to point out that the Act empowered the Central Government under Section-30 to make such provisions, not inconsistent with the provisions of this Act, as was necessary to remove difficulties in giving effect to the provisions of this Act with the proviso that no such order shall be made under this Section after the expiry of a period of two years from the commencement of this Act which expired w.e.f. 9.12.2015.


To expedite the achievement of the objectives of POSH Laws, the duties of employers listed in Section-19 of the Act, need to be refurbished and erring employers penalized under Section-26 in a time-bound manner to rectify the Anomalies.


Regular monitoring by the District Officers notified under Section-5 needs to be strengthened for effective Implementation of the provisions of the Act. On-site inspections of workplaces shall deter defaulting employers.


The annual reports filed by each Internal Committee under Section- 21 need to be collated & shared in public domain to elicit public scrutiny & desired participation and support. Effective disbursement and utilization of funds under section-8 needs to be streamlined on priority.


Appropriate Government must ensure proper monitoring of the implementation of relevant provisions and maintain data verifiable-on-line by the public.

Appropriate Government must take effective steps to publicize the POSH Law using mass public monthly meetings, meetings in schools & colleges, etc. for wider publicity.


The Principle of Security of Tenure of office of Presiding Officers and employee-members especially the non-employee member (External) must be akin to sanctum sanctorum, as it were so that the employer's arbitrariness can be effectively curbed.


What kind of challenges, pandemic-induced WFH and remote working model, has posed before organizations in handling sexual harassment issues and how management should take it on effectively in changed circumstances?

 

 Work-away-from-regular-workplace is not a new phenomenon. Employees on On-site duty completed assigned work tasks, as others who were physically present at work desks.

Pandemic induced Work-From- Home remote working model might have caused the absence of constant close supervision resulting in the redundancy of few staff members but assessment of output is not adversely affected. Self-empowered employees feel trustworthy, high on morale and motivation and above all, more committed. Good sign.


Only discernible change is that all redressal related activities, disciplinary action-steps and Internal Committee proceedings shall have to be on-line mode which deprives     close       physical observations as is possible in off- line mode. IC functionaries, the woman-complainant & the respondent have to come to terms with New on-line redressal mode, other functions remaining unaltered, naturally.

Employers/Top managing team must ensure that no steps gets omitted at any cost and essential back-ups remain standby including robust Wi-Fi connect.



Employers must ensure the following:


a)  Constitute Internal Committees as prescribed in Section-4;

b) Notify the Names & Contact Tele Nos & emails of IC Members.

c) Organize twin mandatory programs for IC Members namely i) Orientation programs to educate them about their 24 Duties, Responsibilities & Role;

ii) Capacity & Skills building programs to train IC Members on How-To Discharge their 24 Duties, Responsibilities, and Roles envisaged in the PoSH Act 2013


.........To be continued in the next Post / Publication as Part-2




Harsh Kumar Sharan, XLI Alumni,


Special Educator- PoSH Mandatory Programs

For Internal Committee Members and

Employee Awareness and Sensitivity Programs, at Regular Intervals;

Director Kritarth Consulting Pvt Ltd

www.kritarth.in

hksharan@gmail.com/ hksharan@kritarth.in


Blogger Pages Ref: 

https://holistichr.blogspot.com 

https://holistic-hr.blogspot.com


4th March 2023

                       















Comments

Popular posts from this blog

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

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