SC Asks States to Appoint Officers Under POSH Act

Relevance: Governance and Implementation, Women's Rights and Empowerment, Judiciary's Role, POSH Act 2013

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Why in the news?

• In a recent judgement, the Supreme Court identified a gap in the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, commonly referred to as the POSH Act, 2013.
• The challenge was the unavailability of designated district officers in every district to lodge complaints related to workplace sexual harassment.

What was the Issue Highlighted?

• The court found out that many states had not taken the initiative to notify District Officers as required by the POSH Act.
• Justice Bhat emphasized the importance of a District Officer as the main point of coordination and accountability for the POSH Act.

Role of District Officers

The primary responsibilities and roles of a District Officer are:

1) Local Complaints Committee (LCC)

• The District Officer is responsible for constituting a Local Complaints Committee (LCC) at the district level.
• This committee is crucial for workplaces that have fewer than 10 employees and do not have an Internal Complaints Committee (ICC).
• The LCC also handles cases where the complaint is against the employer themselves.

2) Nodal Officer

• The District Officer can designate a nodal officer in every block, taluka, and tehsil in rural or tribal areas and ward or municipality in the urban area, to receive complaints and forward them to the LCC.

3) Assistance to the LCC

• The District Officer is required to provide all necessary support for the conduct of an inquiry by the LCC, including providing assistance for securing the attendance of respondents and witnesses, discovery and production of documents, etc.

4) Annual Report

• The District Officer is mandated to forward a report annually with details of the number of cases filed and their disposition to the state government.

5) Awareness and Capacity Building

• The DO may take initiatives to create awareness about the rights of women workers under the POSH Act and also organize capacity-building programs for the members of the LCC.

6) Implementation & Monitoring

• The District Officer is tasked with ensuring effective implementation of the POSH Act at the district level and monitoring the functioning of the LCCs under their jurisdiction.

What is the POSH Act of 2013?

• The POSH Act is a piece of legislation implemented by the Government of India in 2013 to address the problem of sexual harassment in the workplace.
• The Act's goal is to ensure a safe and welcoming work environment for women while also protecting them from sexual harassment.
• Sexual harassment is defined under the PoSH Act as unwelcome activities such as physical contact and sexual approaches, a demand or request for sexual favors, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or nonverbal sexual activity.

Background of the POSH Act 2013

• The Supreme Court issued 'Vishakha guidelines' in a landmark decision in the Vishakha and others v State of Rajasthan case in 1997.
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 was based on these standards.
• The Supreme Court also drew strength from several Constitutional provisions, including Article 15 (against discrimination based solely on religion, race, caste, gender, or place of birth), as well as relevant International Conventions and norms, such as the General Recommendations of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India ratified in 1993.
• The PoSH Bill was introduced in 2007 by the Ministry of Women and Child Development. It was amended multiple times before becoming law on December 9, 2013, after being adopted by Parliament.

Key Provisions of the POSH Act of 2013

Conclusion

The Supreme Court has issued an order directing the Principal Secretaries of the Women and Child Ministries in various states to appoint a district officer in each district within four weeks from the date of the judgment.

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FAQs

UPSC Previous Year Practice Question

Case Study: (2013)

You are the Executive Director of an upcoming InfoTech Company which is making a name for itself in the market.

Mr. A, who is a star performer, is heading the marketing team. In a short period of one year, he has helped in doubling the revenues as well as creating a high brand equity for the Company so much so that you are thinking of promoting him. However, you have been receiving information from many corners about his attitude towards the female colleagues; particularly his habit of making loose comments on women. In addition, he regularly sends indecent SMSs to all the team members including his female colleagues.

One day, late in the evening, Mrs. X, who is one of Mr. A’s team members, comes to you visibly disturbed. She complains against the continued misconduct of Mr. A, who has been making undesirable advances towards her and has even tried to touch her inappropriately in his cabin. She tenders her resignation and leaves your office.

1. What are the options available to you?
2. Evaluate each of these options and choose the option you would adopt, giving reasons.

MCQs

Q.) What is the primary purpose of the POSH Act of 2013?

a) Promotion of women in workplaces

b) Preventing wage discrimination against women

c) Ensuring women's rights to maternity leave

d) Prevention and redressal of sexual harassment of women at the workplace

Q.) Who did the Supreme Court emphasize is crucial for coordination and accountability concerning the POSH Act?

a) The Chief Minister of every State

b) The head of Women and Child Ministries in the States

c) The district officer in each district

d) The Principal Secretaries of all ministries