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
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
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