The Supreme Court has in its judgement dated 12th May 2023 directed the Union of India and all States/UTs to file their affidavits within eight weeks for reporting compliance to the POSH Act.
The SC held “However salutary this enactment may be, it will never succeed in providing dignity and respect that women deserve at the workplace unless and until there is strict adherence to the enforcement regime and a proactive approach by all the State and non-State actors.”
Hurdles in the implementation of the POSH Act .
- Lack of awareness and clarity of legal provisions: How to report a complaint of sexual harassment and to whom, where and how to report it.
- Huge underreporting: Due to the power dynamics of organisations, fear of professional repercussions including loss of employment opportunities.
- Lacunae in the constitution of ICCs: 16 out of the 30 national sports federations in the country had not constituted an ICC to date and most corporates too have not constituted them.
- Improper composition of ICCs: ICCs either had an inadequate number of members or lacked a mandatory external member.
- The law is largely inaccessible to women workers in the informal sector: As more than 80% of India’s women workers are employed in the informal sector.
- The Act does not satisfactorily address accountability: By not specifying who is in charge of ensuring that workplaces comply with the Act, and who can be held responsible if its provisions are not followed.
Remarking on the sorry state of affairs that reflect poorly on all the State functionaries, public authorities, private undertakings, organisations and institutions that are duty bound to implement the POSH Act in letter and spirit, the Court said that, “If the working environment continues to remain hostile, insensitive and unresponsive to the needs of women employees, then the Act will remain an empty formality. If the authorities/managements/employers cannot assure them a safe and secure work place, they will fear stepping out of their homes to make a dignified living and exploit their talent and skills to the hilt. It is, therefore, time for the Union Government and the State Governments to take affirmative action and make sure that the altruistic object behind enacting the POSH Act is achieved in real terms.”