Context: 

Taking suo motu cognizance of The Indian Express report highlighting non-compliance of provisions under the Prevention of Sexual Harassment (PoSH) law by national sports federations, the National Human Rights Commission (NHRC) issued notices to the erring sports bodies along with the Ministry of Youth Affairs and Sports.

Law against sexual harassment of women at the workplace:

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, commonly known as the PoSH Act, was passed in 2013. 
• It defined sexual harassment, lay down the procedures for complaint and inquiry, and the action to be taken in cases of sexual harassment.

How did the PoSH Act come about?

• The 2013 law broadened and gave legislative backing to what are known as the Vishaka Guidelines, which were laid down by the Supreme Court in a judgement passed in 1997.
• The Vishaka Guidelines defined sexual harassment and imposed three key obligations on institutions — prohibition, prevention, redress. 
• The Supreme Court directed that they should establish a Complaints Committee, which would look into matters of sexual harassment of women at the workplace. The court made the guidelines legally binding.

What does the PoSH Act say about the complaints committee?

• The PoSH Act subsequently mandated that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch that had 10 or more employees. 
• The Act protects the rights of all women who are working or visiting any workplace, in any capacity.

What constitutes sexual harassment under the PoSH Act?

• Under the 2013 law, sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:

• • Physical contact and advances
  • A demand or request for sexual favours
  • Sexually coloured remarks
  • Showing pornography
  • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
• A ‘Handbook on Sexual Harassment of Women at Workplace’ published by the Ministry of Women & Child Development contains more detailed instances of behaviour that constitutes sexual harassment at the workplace.

What is the procedure for complaint under the Act?

• It is not compulsory for the aggrieved victim to file a complaint for the ICC to take action. 
• The Act says that she “may” do so — and if she cannot, any member of the ICC “shall” render “all reasonable assistance” to her to complain in writing.
• If the woman cannot complain because of “physical or mental incapacity or death or otherwise”, her legal heir may do so.
• Under the Act, the complaint must be made within three months from the date of the incident. 
• However, the ICC can extend the time limit if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period.

Protection available in the Act against a false complaint of  Sexual Harassment:

• Section 14 of the Act deals with punishment for false or malicious complaints and false evidence.
• In such a case, the ICC may recommend to the employer that it take action against the woman, or the person who has made the complaint, in accordance with the provisions of the service rules.
• The Act, however, makes it clear that action cannot be taken for mere inability to substantiate the complaint or provide adequate proof.
• Composition of ICC: According to the law, the ICC needs to have a minimum of four members – at least half of them women – of whom one shall be an external member, preferably from an NGO or an association that works for women’s empowerment or a person familiar with issues related to sexual harassment, like a lawyer.

Observations of SC on implementation of POSH Act

• The Supreme Court said there are serious lapses and uncertainty in the implementation of the Protection of Women from Sexual Harassment (PoSH) Act, leaving many working women no choice but to leave their jobs.
• It said the sorry state of affairs concerning the anti-­sexual harassment at workplace law even after a decade of its introduction was disquieting, and it was time for the Centre and States to take affirmative action.
• The court directed the Union, States and Union Territories to undertake a time bound exercise to verify whether Ministries, Departments, government organisations, authorities, public sector undertakings, institutions, bodies, etc. had constituted Internal Complaints Committees (ICCs), Local Committees(LCs) and Internal Committees (ICs) under the Act.

News Source: Indian Express