In a world where she aspired to soar the professional ladder, all she sought was a well-deserved promotion and an office with a window. Little did she expect that what awaited her was an undeserved encounter with the haunting specter of ‘Sexual Harassment.’
Sexual harassment, an insidious epidemic sweeping the globe, casts its shadow over millions of women pursuing their ambitions, be it at work or in the pursuit of education. It spares no one—be they young or old, married or single, police officers, members of the armed forces, financial assistants, accountants, bankers, or journalists; all have, at some point, been unwilling victims.
Peering into the dark corners of ‘Sexual Harassment,’ it reveals itself in various forms—from explicit advances to unwelcome gestures, sexist remarks, and even the unsolicited demand for sexual favors. It is a sinister dance of power, transcending gender dynamics in workplaces, whether male or female dominated, leaving victims disempowered.
Picture this dance unfolding in diverse settings—managers making inappropriate advances, coworkers crossing boundaries, and peers engaging in unwelcome after-hour conversations. It’s a spectacle of sexually oriented behavior, a tapestry woven with graphic descriptions, obscene phone calls, and even the subtle pressure for dates, creating an unsettling environment in workplaces, schools, universities, restaurants, and movie theaters.
Yet, amid this darkness, the Prevention of Sexual Harassment (POSH) Act emerged as a beacon of hope. Enacted in 2013, it prohibited, prevented, and provided redressal for matters related to sexual harassment. Originating from the landmark case of VISHAKA V. STATE OF RAJASTHAN, the POSH Act replaced a decade-old set of guidelines in December 2013, placing the onus on employers to ensure a safe workspace for women.
The POSH Act recognizes sexual harassment as a violation of women’s fundamental rights, emphasizing their right to live with dignity and pursue any profession, trade, or business in an environment free from such harassment. While it predominantly protects women, some organizations choose to make their POSH policies gender-neutral to foster equal representation.
The Hon’ble Supreme Court of India in the year 2023, in the case of AURELIANO FERNANDES v. STATE OF GOA AND OTHERS highlighted the importance of properly constituted Internal Complaints Committees (ICCs) and Local Committees (LCs) under the Prevention of Sexual Harassment (POSH) Act. It emphasized that an improperly constituted committee could hinder the inquiry process into complaints of sexual harassment, potentially leading to severe consequences for the accused, including termination of service.
The Court expressed concern over lapses in the enforcement of the Act, as revealed by a national newspaper survey indicating that many national sports federations had not established ICCs, and those that did often lacked required members. This failure reflected poorly on various entities obligated to implement the POSH Act.
The judgment stressed the detrimental impact of sexual harassment on victims’ self-esteem and overall well-being, often leading to reluctance to report incidents due to uncertainty about the reporting process and lack of confidence in its outcomes.
To address these issues, the Court directed for robust implementation of the Act, emphasizing the importance of educating complainants about their rights and the complaint process. It emphasized the need for strict enforcement by both state and non-state actors to ensure a safe and respectful workplace for women, urging governments to take affirmative action to achieve the Act’s objectives.
In summary, the Supreme Court’s observations in the case of AURELIANO FERNANDES v. STATE OF GOA AND OTHERS underscored the critical role of properly constituted committees in addressing sexual harassment at workplaces and called for proactive measures to ensure effective enforcement of the POSH Act, thereby promoting dignity and respect for women in the workforce.
Yet, despite legal safeguards, the dance persists. Gender inequality, male-dominated hierarchies, and the reluctance of victims to report incidents contribute to this ongoing struggle. Women fear job loss or dismissal on unreasonable grounds, silencing their voices.
In conclusion, organizations must orchestrate policies like the Internal Complaints Committee (ICC) and promote women’s leadership opportunities at every level. As research reveals alarming statistics, it’s a call for change—a collective effort to provide a safe, welcoming, and harassment-free environment.