Ten years of PoSH : A decade of Accountability

Interview by Tapasya K.

The Government has enacted “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” (PoSH Act) which aims to provide protection to women against sexual harassment at workplace and for the prevention and redressal of complaints related to it. The Act covers all women, irrespective of their age, employment status or nature of work whether working in public or private, organised or unorganised sector.

The Act casts an obligation upon employers of all workplaces, public or private, to provide a safe and secure working environment free from sexual harassment, whereby every employer is mandated to constitute an Internal Committee (IC) where the number of employees/ workers is more than 10. Similarly, the Appropriate Government is authorized to constitute Local Committee (LC) in every district to receive complaints from organizations having less than ten workers or if the complaint is against the employer himself.

On the tenth anniversary year of the POSH act, Tapasya Kamble interviewed eminent activist Kiran Moghe,  Vice President and member of the All India Democratic Women’s Association, Maharashtra

Can you explain the background of the PoSH Act 2013.

In 1992, Bhanwari Devi, a Rajasthan government social worker, was tragically gang-raped while attempting to prevent the child marriage. In response to this incident, the Supreme Court identified the lack of legislation for upholding fundamental human rights related to gender equality and workplace sexual harassment. In 1996, the court established guidelines known as the ‘Vishakha guidelines.’ After extensive work on the bill, it was enacted into law in 2013.”

What is the mechanism to handle sexual harassment at institutional level?

The legislation mandates that employers with a workforce exceeding 10 employees must establish an internal complaints committee. This committee should be led by a female member and consist of at least two women, another staff member, and an NGO representative with expertise in addressing issues related to sexual harassment. Additionally, the law requires every district across the nation to establish a local committee to provide support to women employed in informal sectors.

What would you like to say about the inclusivity of other genders and sectors in the act?

The act is exclusively for women but there are still discussions going on whether the it is gender-neutral or not. In terms of sectors the Act is applicable to all public and private sectors and organisations.

As vice president of AIDWA what role did you and your organisation play in the women wrestlers protests that took place earlier this year?

All India Democratic Women’s Association (AIDWA) was actively a part of organising the protests and providing aid to the wrestlers and even issued demands regarding taking necessary actions and providing justice to the women wrestlers.

What is the procedure to file a complaint under PoSH ?

“The Internal Complaints Committee (ICC) or Local Complaints Committee conducts an initial investigation, beginning with the complainant’s testimony, followed by the accused. After gathering witness statements, a case file is compiled, and the committee proceeds to make a determination on the validity of the complaint. The severity of punishment is determined based on the institution’s code of conduct. However, concerns have arisen regarding the actual efficacy of the ICC, with complaints emerging that some committees may show bias in favor of management.”