Sexual abuse is a pattern of behavior. It is described as sexually inappropriate behavior. Whether in an established, emerging, or undeveloped country, sexual harassment, and assault is a prevalent problem. Brutality towards women is prevalent worldwide. Regardless of how hard one wants to protect, ban, avoid, or provide remedies, violations will always occur. It is a felony committed against women, who are seen as the most vulnerable members of society. As a result, they are subjected to a wide range of crimes, including female feticide, human trafficking, etc. Harassment of a person (an application or a worker) because of their sex is illegal.
WHAT IS SEXUAL HARASSMENT
The act defines the term Sexual Harassment on the line as it was defined by Hon’ble SC in “Vishaka Guidelines”. Section 2(n) of the act defines sexual harassment as follow:
“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 favours; or
- Making sexually coloured remarks; or
- Showing pornography; or
- Any other unwelcome physical, verbal or non- verbal conduct of sexual nature;”
Section 3(1) of the act clearly states that “No woman shall be subjected to sexual harassment at any workplace”. Sub-section (2) of section-3 also speaks about certain circumstances if occurs or present in relation/ connected with any act/ behavior of sexual harassment, may amount to sexual harassment, these are as follow:
- Implied or explicit promise of preferential treatment in her employment
- Implied or explicit threat of detrimental treatment in her employment
- Implied or explicit threat about her present or future employment status
- Interference with her work or creating an intimidating or offensive or hostile work environment for her
- Humiliating treatment likely to affect her health or safety
NEED FOR POSH LEGISLATION
As more women entered the workforce in a developing Indian economy, the issue of sexual misconduct has surfaced in a variety of areas. There was a compelling need for legislation to defend these working women’s rights. The first occasion this was brought to the attention of the public, like many statutes, was through activist judges.
OBJECTIVE OF POSH ACT
Although it is a regular occurrence in the business world, seeking unwarranted favours is a gross abuse of power. The scenario becomes tense when the favour is sexual in character as well as the sufferer is a woman. The threat of dismissal or undue work pressure is frequently used by the individual in control as a tactic. The POSH Act of 2013 was put into place to protect women at work from sexual misconduct, avoid and resolve sexual harassment allegations, and deal with situations related to or ancillary to harassment.
SCOPE OF THE ACT
This act covers the entire country of India. Only women are safeguarded by this act, which is not gender-neutral regulation. As a result, the protections provided by this statute do not apply to men who are victims.
In connection to a workspace, the act refers to an ‘Aggrieved Woman,’ a woman of every age, either working or not, who asserts to have been exposed to any conduct of sexual harassment. Because the concept doesn’t require the woman to be a worker, the Act can be used to protect a customer or client who is sexually harassed at work. A woman should never be sexually assaulted at her job, according to the Act. In India, the Act covers both the developed and developing sectors. It covers government entities, state sector organisations, non-governmental institutions, hospitals and nursing homes, educational establishments, sports institutions, and stadiums that are used for individual training, as well as dwelling places or a house.
PUNISHMENT OF HARASSMENT AND COMPENSATION
The Act outlines certain penalties that a business owner may levy on a worker who engages in sexual harassment:
If the institution does not provide service rules, disciplinary measures may include a formal apology, caution, not giving increments to the person who has committed the offence, discontinuing the service which the person was providing to the company, etc.
The Act also provides for the provision of damages or compensation to the woman who has been wronged. The amount of compensation to be paid will be assessed by:
The aggrieved employee’s psychological trauma, anguish, suffering, and emotional damage. The loss of a job prospect as a result of a sexual assault incident. Expenses for physical or mental treatment which is borne by the victim. The alleged perpetrator’s income and status; and the possibility of a payment in instalments.
PENAL CONSEQUENCES ON VIOLATION OF POSH ACT
A financial sanction of up to INR 50,000 may be levied if a company fails to form an Internal Committee according to subclause (1) of Section 4 of the Act, or if the company has not taken any initiative under Sections 13, 14, or 22, or if the employer has disobeyed or attempted to override or aid and abet the violation of other provisions of the Act, and therefore does not behave following the standards prescribed under the Act.
If an owner violates Section 26 (2) of the Act after previously being accused of a chargeable violation, he or she may face the following penalties:
Double the penalty that could have been levied at the first sentence, depending on the maximum punishment available for the same offence. It is provided that if a heavier sentence is prescribed for the offence whereby the offender is being charged under some other law currently in force, the court shall take appropriate account of it when imposing the punishment.
Another point to remember is that no court lower than the metropolitan or judicial magistrate court of the first class has the jurisdiction to try a suit that is under this act. Another point is that no court can take cognizance of this matter on its own accord. It can only do so by the complaint filed by the aggrieved woman.
It is to be understood that preventing harassment is a structural issue and is to be prevented at various levels of bureaucracy. There are strict laws that are put in place post the Vishakha Judgement that shed light on the importance of women’s safety. But it is also to be considered that there are so many women out there who are still being harassed and they do not complain because of the fear of society. This shows that only the legal framework set in place is not going to do the needful single-handedly. Education also plays an important role in this. Source: lawtendo, taxguru
