Daily Current Affairs : 20-October-2023
The Protection of Women from Sexual Harassment (PoSH) Act was instituted to ensure safe and equal working environments for women in India. However, recent Supreme Court observations have shed light on significant lapses in its implementation, raising concerns about the safety of female employees.
Understanding the PoSH Act
Definition and Applicability
- The Act comprehensively defines sexual harassment, encompassing various unwelcome behaviors.
- It is applicable to all women, irrespective of age or employment status, in both organized and unorganized sectors.
Major Provisions
- Employers must establish Internal Complaints Committees (ICCs) to handle sexual harassment complaints.
- Every district is mandated to create Local Committees (LCs) for women in smaller firms and the informal sector.
- Timely filing of complaints, regular workshops, and awareness programs are essential aspects of the Act.
Issues and Concerns
Lacunae in Implementation
- The Supreme Court highlighted gaps in the constitution of ICCs, revealing that many national sports federations lacked ICCs.
- Improper constitution of ICCs, including inadequate members and the absence of mandatory external representatives, was noted.
- Lack of accountability in ensuring workplace compliance and ambiguity in assigning responsibility for non-compliance were observed.
Challenges in the Informal Sector
- Over 80% of India’s female workforce operates in the informal sector, where the Act’s provisions are largely inaccessible.
- Underreporting of sexual harassment cases prevails due to a lack of awareness among female employees.
Supreme Court’s Directives and the Way Forward
Court’s Intervention
- The Supreme Court directed a comprehensive verification exercise to ensure the establishment of ICCs, LCs, and Internal Committees (ICs) in various organizations.
- Principal Secretaries of the Ministry of Women and Child in States were ordered to expedite the appointment of district officers within four weeks.
Call for Accountability and Awareness
- Employers must be held accountable for fulfilling PoSH Act requirements, emphasizing the proper constitution of ICCs and LCs.
- Awareness campaigns should target both employers and employees, fostering a better understanding of the Act’s provisions and the reporting process.
Important Points:
- PoSH Act Overview:
- Enacted to ensure safe working spaces and equality for women in workplaces.
- Defines sexual harassment and outlines procedures for complaints and inquiries.
- Applicable to all women, regardless of age or employment status, in both organized and unorganized sectors.
- Major Provisions:
- Covers various forms of sexual harassment, including physical contact, demands for sexual favors, and verbal or non-verbal conduct of a sexual nature.
- Mandates the establishment of Internal Complaints Committees (ICCs) and Local Committees (LCs) in workplaces.
- Requires employers to organize workshops, awareness programs, and orientations related to the Act.
- Issues and Concerns:
- Lack of proper implementation highlighted by the Supreme Court.
- Gaps in the constitution of ICCs and LCs, including inadequate members and missing external representatives.
- Ambiguity regarding accountability and responsibility for non-compliance.
- Challenges in implementing the Act in the informal sector where awareness is low.
- Supreme Court’s Directives:
- Directed a verification exercise to ensure the establishment of ICCs, LCs, and Internal Committees (ICs).
- Ordered swift appointment of district officers in each district under Section 5 of the Act.
- Recommendations for Improvement:
- Emphasize accountability among employers for proper constitution of ICCs and LCs.
- Conduct widespread awareness campaigns targeting both employers and employees.
- Make the Act more accessible and understandable, especially for women in the informal sector.
Why In News
The Supreme Court has highlighted “serious lapses” in the implementation of the PoSH Act, emphasizing the urgent need for stricter enforcement and comprehensive awareness campaigns to safeguard women from sexual harassment in workplaces, fostering a safer environment for all employees.
MCQs about PoSH Act Implementation for Women’s Safety
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What is the primary objective of the PoSH Act?
A. To regulate working hours for women in the formal sector
B. To ensure safe working spaces and equality for women in workplaces
C. To provide financial support for women entrepreneurs
D. To establish women’s shelters in urban areas
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Who is responsible for constituting Internal Complaints Committees (ICCs) under the PoSH Act?
A. Government authorities only
B. Employers
C. Women employees
D. NGOs
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What did the Supreme Court direct regarding PoSH Act implementation?
A. Conduct workshops for women employees
B. Verify the establishment of ICCs, LCs, and Internal Committees (ICs)
C. Increase the fines for non-compliance
D. Appoint more women in the workforce
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What is one of the major challenges identified in the essay regarding PoSH Act implementation?
A. Lack of enforcement by the police
B. Limited coverage for women above a certain age
C. Underreporting of sexual harassment cases
D. Excessive bureaucracy in filing complaints
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