Compliances under POSH- Prevention of Sexual Harassment at Workplace - A...

 Vishakha Guidelines
Supreme Court of India Judgement 1997
(Ref: Vishakha and Ors. V State of Rajasthan)

 

•     SC laid down the guidelines and norms specified hereinafter for due observance at all work places or other institutions, until a legislation is enacted for this purpose. …and it is further emphasized that this would be treated as the law declared by this Court under Art. 141 of the Constitution.”

•     Estalished that  “Sexual Harassment violates a woman’s right in the workplace and is thus not just a matter of personal injury”

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•     Sexual Harassment – Definition

Sexual Harassment includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely :

•     physical contact and advances; or

•     a demand or request for sexual favour; or

•     sexually colored remarks; or

•     showing   pornography; or 

•     other  offensive   or  derogatory   pictures, cartoons; or

any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Aggrieved or Affected Women

´ All women working or visiting any workplace

•      Regular employee

•      Temporary employee

•      Adhoc

•      Daily wages

´ Engaged directly or indirectly (contractor)

´ Working for remuneration, voluntary or otherwise

´ Terms of employment may be express or implied

´ Could be a co-worker, contract worker, probationer, trainee, apprentice, visitor

´ Also covers woman working in dwelling place or house

 

 

Sexual Harrassment under Sec 354 A of the Indian Penal Code

Physical contact and advances involving unwelcome and explicit sexual overtures or

•      A demand of request for sexual favours or

•      Showing pornography against the will of a woman or

•      Making sexually coloured remarks

Imprisonment for upto 5 years or fine or both

 

 

Every employer shall--

(a)     Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace;

(b)    Display at conspicuous place in the workplace, the penal consequences of sexual harassments: and the order constituting, the Internal Committee under this law;

(c)     Organize workshops and awareness programmes at regular intervals for sensitizing the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee in the manner as may be prescribed;

(d)    Provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an inquiry;

(e)     Assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be;

 

DUTIES OF EMPLOYER

•       Every employer shall--

(a)  Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace;

(b)  Display at any conspicuous place in the workplace, the penal consequences of sexual harassments: and the order constituting, the Internal Committee under this law;

(c)   Organize workshops and awareness programmes at regular intervals for sensitizing the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee in the manner as may be prescribed;

(d)  Provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an inquiry;

(e)  Assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be;

 

DUE DILIGENCE FOR POSH COMPLIANCE

1.     Whether Company has formulated an internal policy / charter / resolution / declaration for prohibition , prevention & redressal of sexual harassment at work place. 2.     Whether Company has constituted an Internal Complaints Committee? 3.     Whether Company has displayed at conspicuous places in the factory about penal consequences of sexual harassment? 4.     Whether Company has organized workshops / awareness programs at periodic intervals? 5.     Whether Company has constituted the Local Complaints Committee (LCC)? 6.     Whether Annual Report has been filed with employer and district office on time?