This is Part 5 of the 5-part series blog which will discuss the Powers and Duties of the appropriate Government along with some Frequently asked questions around the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Part 1 covered the general overview along with the background that laid foundation for the existing Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Part 2 covered the constitution, tenure, powers and duties of the Complaints committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Part 3 covered the Complaint and Redressal mechanism of the Complaints committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Part 4 covered the cover the Duties & responsibilities of the Employer & District Officer and Punishment for non-compliance of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Keywords: Sexual Harassment, Appropriate government, Workplace.

Sexual harassment lowers morale and productivity of the employee. Aggrieved people do not report harassment due to fear of stigma and suffer in silence. Sexual harassment at the workplace is very sensitive matter and needs to be handled with the utmost care, patience and understanding. Government plays a very crucial role in the prevention of sexual harassment at workplace by disseminating or creating awareness and preventing people from such a dangerous act and provides legal framework for preventing and dealing with matters related to sexual harassment.

Appropriate government is defined under this Act under section 2 (b) of POSH Act which says that a workplace which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the State government, Central government or Union government. Appropriate government plays a very crucial role in implementation of the provisions of POSH Act, power to make rules in relation to sexual harassment, power to remove any difficulty arises in giving effect to the provisions of Act.

Duties of Appropriate Government under POSH Act:

  1. The appropriate Government have to monitor the implementation of this Act and maintain the record of data on the number of cases filed and disposed of in respect of all cases of sexual harassment at workplace and initiate necessary actions to ensure that all workers are protected from sexual harassment.
  2. To develop relevant information, education, communication and training materials, and organize various awareness programmes to advance the understanding of the public about the provisions of this Act, providing protection against sexual harassment of woman at workplace, subject to the availability of financial and other resources.
  3. To formulate orientation and training programmes for the members of the Local Committee.
  4. Rules made by the government need to be laid down before each house of parliament or state legislatures when they are in session.
  5. Develop and implement a workplace policy for the prevention and redressal of sexual harassment at workplace in their offices

Powers of Appropriate government:

Government has the key responsibility to ensure that appropriate protection is guaranteed in national laws and policies. In addition, government offices should carry out the following actions to prevent and address sexual harassment at workplace:

  1. Power to call upon any employer or District Officer to furnish in writing such information relating to sexual harassment in the public interest or in the interest of women employees at workplace
  2. To authorize any officer to make inspection of the records and workplace in relation to sexual harassment. After inspection such officer has to submit the report to an appropriate government within the given frame.
  3. To ask any employer or District officer to produce on demand any information, record or documents.
  4. Power to cancel or withdraw the license or non-renewal, approval or cancellation of registration which is required for carrying on their business or activity.
  5. To make rules for carrying out the provisions of this act by notification in the official gazette.
  6. To remove any difficulty or inconsistency in giving effect to the provisions of this act.
  7. Power to make rules in relation to matters namely:
    1. Fees or allowance paid to the members appointed from non-governmental organization for holding the proceedings of Internal Committee.
    2. Nomination of members from non-governmental organization or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment
    3. Fees or allowances to be paid to the Chairperson, and Members other than the nominated members of Local Committee for holding the proceedings of Local Committee.
    4. Who will make complaint if the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise
    5. Manner of inquiry
    6. Relief provided to the aggrieved women.
    7. Manner of action to be taken against an accused.
    8. Manner of action to be taken where false or malicious complaint is given or where any witness has given false evidence or produced any forged or misleading document
    9. Manner of action to be taken where the contents of complaint or address or identity of victim or accused is disclosed to the general public.
    10. Manner of Appeal.
    11. For the manner of organizing workshops, awareness programmes for sensitizing the employees and orientation programmes for the members of the Internal Committee.
    12. Form and time for preparation of annual report by Internal Committee and the Local Committee.

Every rule as soon as it is made by the central or state government under this act need to be laid down for a total period of 30 days, before each house of parliament in case of state need to be laid down before each house of legislature when they are in session, for their approval whether is there any need to alter, create or modify any law.

Frequently Asked Question (FAQ)

1. Is Sexual Harassment only physical in nature?

  • No, sexual harassment not only includes physical conduct but also includes verbal and non-verbal conduct too under this Act. Some of the examples but limited to are listed below"

    Physical conduct:
    • Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching.
    • Physical violence, including sexual assault.
    • Physical contact, e.g. touching, pinching.
    • The use of job-related threats or rewards to solicit sexual favours.

    Verbal conduct:
    • Comments on a worker's appearance, age, private life, etc.
    • Sexual comments, stories and jokes.
    • Sexual advances.
    • Repeated and unwanted social invitations for dates or physical intimacy.
    • Insults based on the gender of the worker.
    • Paternalistic remarks.
    • Sending sexually explicit messages (by phone or by email).
    • Indecent, vulgar discussion with or in front of a woman

    Non-verbal conduct:
    • Display of sexually explicit or suggestive material.
    • Sexually-suggestive gestures.
    • Whistling, staring.

2. Who can file a complaint of Sexual Harassment at workplace to ICC?

  • An aggrieved person can file a complaint to an ICC.
  • In case of any physical or mental inability of an aggrieved woman following person can complaint against such act with the prior written consent of an aggrieved woman are:
    • Aggrieved person's family
    • Aggrieved person's friend
    • Co-worker
    • Any person who has knowledge of the incident
    • Special educator
    • Qualified psychiatrist/psychologist
    • Guardian/Authority under whose care the aggrieved woman us receiving treatment/care

3. What all things should be included in a POSH complaint?

  • The complaint should contain following things:
    • Description of the incident
    • Name of the Accused or Offender
    • Dates of each incident (in case of multiple incidents)
    • Timing
    • Location
    • Working relationship between the Parties

4. When can an IC (Internal Committee) member be disqualified?

An IC member can be disqualified from the position before the completion of three years if he/she:

  • Breaches confidentiality regarding information related to the case, like the details related to the identity of the complainant, witness, or the respondent, information regarding the progress of the inquiry, or the recommendation made by or actions taken by IC.
  • Is convicted of an offence or an inquiry into the offence is pending.
  • Has any pending disciplinary proceedings after found guilty.
  • Has abused any powers to continue in their positions in office which could be against the public interest.

In such case, the member must step down and the employer will fill the vacancy with an individual who possesses the qualification to be in the position.

5. Who all can complain regarding Sexual Harassment?

Not only full-time employees but also temporary workers, daily wage employees, contractual workers, trainees, interns, housekeeping, security, client representatives, clients & vendor representatives etc., can file the complainant.

Conclusion

Sexual Harassment can create hostile work environment that is not only harmful for the physical and psychological well-being of the employees but also results in creating toxic work environment that weakens and demoralizes the employees. Enactment of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,2013 has been pivotal in ensuring a safe working environment, free from Sexual harassment. Government should promote and encourage awareness-drives, share best practices of the organizations and reward companies who comply with the Act and treat Sexual Harassment as a misconduct in their Policy.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.