Daily Current Affairs : 16-December-2024

The Supreme Court of India is currently hearing a Public Interest Litigation (PIL) to decide if the Prevention, Prohibition, and Redressal of Sexual Harassment of Women at Workplace Act (POSH Act) should apply to political parties. The case revolves around whether political parties can be considered “workplaces” under the POSH Act and whether they should be required to comply with the Act’s provisions, such as setting up Internal Complaints Committees (ICC) to address sexual harassment.

What is the POSH Act?

The POSH Act, passed in 2013, aims to protect women from sexual harassment in workplaces and ensure a safe environment. The law focuses on preventing, prohibiting, and addressing sexual harassment through clear procedures.

Key Features of the POSH Act:

  • Section 3(1): Prohibits sexual harassment at the workplace.
  • Section 4: Requires the formation of an ICC in every workplace to handle complaints.
  • Section 9: Outlines the complaint process, which must be filed within three months.
  • Section 13: Details the inquiry procedure and consequences for the accused if found guilty.
Who is Covered Under the POSH Act?

The POSH Act is designed to protect:

  • Employees: This includes permanent, temporary, contract workers, interns, and volunteers.
  • Workplaces: These include offices, hospitals, public and private institutions, homes, and even places visited during employment (e.g., business trips, client meetings).
Features of the POSH Act

The Act has several important features:

  • ICC Formation: Every workplace is required to form an ICC, which should include at least one external member with expertise in sexual harassment matters.
  • Employer Responsibility: Employers must ensure compliance, create awareness, and submit annual reports on compliance status.
  • Wide Definition of Workplace: The Act’s definition of “workplace” is extensive, covering both physical and remote working environments.
  • Penalties for Non-Compliance: Organizations that fail to comply with the Act face fines and reputational harm.
Judicial Views on POSH Act

In previous rulings, the judiciary has set important precedents:

  • Vishaka vs. State of Rajasthan (1997): The Supreme Court established guidelines for preventing workplace sexual harassment, which later formed the basis of the POSH Act.
  • Kerala High Court (2022): The court ruled that political parties are not considered “workplaces” under the POSH Act because there is no formal employer-employee relationship in these organizations.
Political Parties and POSH Act Compliance

The key issue being debated is whether political parties should be required to establish ICCs and comply with the POSH Act. Critics argue that since political parties do not have a formal employer-employee relationship, they cannot be considered workplaces under the Act. However, others believe that political parties must be accountable for creating safe spaces for women, just like any other organization.

Important Points:
  • POSH Act Overview:
    • The Prevention, Prohibition, and Redressal of Sexual Harassment of Women at Workplace Act (POSH Act) was passed in 2013.
    • Its primary goal is to protect women from sexual harassment in workplaces and ensure a redressal mechanism.
  • Key Sections of the POSH Act:
    • Section 3(1): Prohibits sexual harassment in workplaces.
    • Section 4: Mandates the creation of an Internal Complaints Committee (ICC) in every workplace.
    • Section 9: Outlines the procedure for filing a complaint (within three months).
    • Section 13: Describes the inquiry process and penalties for the accused if guilty.
  • Who is Covered:
    • Employees (permanent, temporary, contract workers, interns, and volunteers).
    • Workplaces (offices, hospitals, public/private institutions, homes, and remote work settings).
  • Features of the POSH Act:
    • ICC Formation: Requires at least one external expert member in each ICC.
    • Employer Responsibility: Employers must comply with the Act, raise awareness, and report compliance status.
    • Penalties: Fines and reputational damage for non-compliance.
  • Judicial Precedents:
    • Vishaka Case (1997): Laid down the foundational guidelines for workplace sexual harassment.
    • Kerala High Court (2022): Ruled political parties are not workplaces under the POSH Act due to the lack of an employer-employee relationship.
  • Ongoing Supreme Court Case:
    • The Supreme Court is deciding whether political parties should be classified as workplaces under the POSH Act.
    • The outcome could compel political parties to establish ICCs and comply with the Act’s provisions.
Why In News

The Supreme Court is currently hearing a Public Interest Litigation (PIL) that challenges the applicability of the POSH Act to political parties, questioning whether they should be considered workplaces and whether they should be required to establish Internal Complaints Committees (ICCs) to address sexual harassment. The case raises important legal and ethical questions about the responsibilities of political organizations in ensuring a safe environment for women.

MCQs about POSH Act
  1. What is the main goal of the POSH Act, 2013?
    A. To ensure equal pay for women
    B. To create awareness about gender discrimination
    C. To protect women from sexual harassment at the workplace
    D. To provide legal aid to women workers
    Correct Answer: C. To protect women from sexual harassment at the workplace
    Explanation: The POSH Act is designed specifically to protect women from sexual harassment at the workplace and to provide a system for addressing complaints and ensuring a safe working environment.
  2. What does the POSH Act require employers to establish in every workplace?
    A. A Sexual Harassment Prevention Fund
    B. An Internal Complaints Committee (ICC)
    C. A Women’s Welfare Committee
    D. A legal support team for victims
    Correct Answer: B. An Internal Complaints Committee (ICC)
    Explanation: Section 4 of the POSH Act mandates that every workplace must have an Internal Complaints Committee (ICC) to handle complaints related to sexual harassment and ensure a fair inquiry process.
  3. Which of the following groups is NOT covered under the POSH Act?
    A. Permanent employees
    B. Temporary workers
    C. Interns and volunteers
    D. Political party members
    Correct Answer: D. Political party members
    Explanation: The POSH Act applies to employees in formal workplaces, including permanent, temporary, and contract workers, interns, and volunteers. However, political parties are not considered “workplaces” under the Act, as they do not have an employer-employee relationship.
  4. What was the significance of the Vishaka vs. State of Rajasthan (1997) case?
    A. It legalized sexual harassment laws in India
    B. It laid down guidelines for preventing sexual harassment at workplaces
    C. It defined the role of political parties in sexual harassment cases
    D. It introduced the concept of workplace equality
    Correct Answer: B. It laid down guidelines for preventing sexual harassment at workplaces
    Explanation: The Vishaka case set the legal foundation for addressing sexual harassment at the workplace. Its guidelines were later incorporated into the POSH Act, making it a landmark case in the development of workplace protection laws in India.
  5. What did the Kerala High Court rule in 2022 regarding political parties and the POSH Act?
    A. Political parties must form an ICC
    B. Political parties are exempt from the POSH Act
    C. Political parties are workplaces under the POSH Act
    D. Political parties should implement strict gender equality policies
    Correct Answer: B. Political parties are exempt from the POSH Act
    Explanation: In 2022, the Kerala High Court ruled that political parties are not considered “workplaces” under the POSH Act because there is no formal employer-employee relationship, which is a key requirement for the application of the Act.

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