A Comprehensive Legal Appraisal Of The Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013: Evolution, Implementation Challenges, And Pathways For Reform
Harshnarayan Tiwari, Dr. Harisingh Gour Vishwavidyalaya, Sagar (M.P.)
Drishti Shukla, Indore Institute of Law, Indore (M.P.)
ABSTRACT
In the workplace, sexual harassment is a malign pattern of gender-based discrimination, which breaks the core value of equal rights implicit with Articles 14, 15, 19 (1) (g) and 21 of the Indian Constitution which ensures equality, non- discrimination, freedom in occupations as well as life with dignity respectively. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the “PoSH Act”) was formulated, comprising the judicially recommended Vishaka Guidelines (1997), and drawing on the recommendations of the Justice Verma Committee (2013). The paper offers legal insights to the PoSH Act, including its hearing and development throughout history, the break-down of its key provisions, an analysis of its adoption throughout the course of the last decade, and some recommendations to improve its performance. It mentions some strengths of the Act like its broad definition of workplace, strong provisions of confidentiality and time limits on redressal along with critiquing some gaps like the gender specific nature of the Act, insufficient coverage of informal sector and the lack of a main regulatory authority. Some of the challenges of implementation such as lack of awareness, no work being done by the Internal Committees and persistent underreporting are supported with both empirical data and judicial precedent including our recent landmark case in the Supreme Court UNS Women Legal Association v. Bar Council of India & Ors.(2015). A comparative study of laws with foreign systems, i.e., Title VII of the Civil Rights Act (1964) of the United States, the Equality Act of 2010 of the United Kingdom, and the EU Directive of 2006/54/EC, places the Indian rubric to set it in the global arena of human rights. The paper ends with recommendations to increase the inclusivity and effectiveness of the Act and its alignment with the constitutional and international obligations.
Keywords: PoSH Act 2013, Workplace Safety, Gender Justice, Employment Law, Vishakha Guidelines.
