Madras HC directed sweeping reforms in the implementation of the Sexual Harassment of Women at the Workplace POSH Act,2013

Last Updated on December 10, 2024 by NewsDesk SLC

The Madurai Bench of the Madras High Court directed sweeping reforms in the implementation of the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Remedy) Act, 2013 (PoSH Act). The judgment delivered by a bench of R N Manjula came as it heard petitions that exposed glaring loopholes in compliance with the law in Tamil Nadu.

The court heard cases of employees of government institutions who claimed harassment and subsequent victimization for raising their voices. Among the petitioners were employees of a government Ayurvedic college who accused their colleagues and superiors of harassment. The court found that their complaints were met with retaliation, including suspensions and punitive measures, rather than redress.

Another case involved a woman who faced sanctions after making a harassment complaint against a senior official. An investigation found that the Internal Complaints Committee (ICC) at her workplace was not following mandatory requirements under the PoSH Act, such as including an external member.

Justice Manjula noted a “disturbing lack of sensitivity and fairness” in handling sexual harassment cases. The judgment highlighted systemic failures, including:

Improper establishment of ICC: Many workplaces have not established an ICC as mandated by law.

Low awareness: Employees, especially in unorganized sectors, did not know about their rights or how to report harassment.

Retaliation: Complainants often faced professional backlash or secondary victimization.

Under-reporting: Despite 19,475 ICCs in Tamil Nadu, only 305 complaints were registered – a number the court found alarmingly low and questioned whether this reflected a genuine lack of incidents or a reluctance to report due to systemic discouragement and fear of backlash.

To address the issues, the court issued a number of general directions to ensure strict compliance with the PoSH Act.

The court also struck down institutions for promoting hostile work environments, noting that many organizations prioritized protecting alleged offenders over addressing complaints.

The judgment also highlighted the importance of gender-sensitive workplaces and warned that systemic deficiencies undermine the objectives of the PoSH Act. It also questioned whether current mechanisms are sufficient to create a safe and fair working environment.

“Having a person who is misogynistic and not sensitive enough to address complaints of sexual harassment in the workplace does nothing to improve the workplace. The aggrieved women who complain can only imagine the sword of Damocles hanging over their heads,” the court observed, adding that such transgressions cannot be ignored in workplaces, especially those in essential services.

The key directions for strengthening the implementation of the PoSH Act as issued by the court in the larger interest are:

Framing rules:

The Tamil Nadu government needs to finalize and publish the rules for the PoSH Act. The State Commission for Women will submit its model draft rules within two weeks for the government’s scrutiny.

Transparency measures:

Create an official website for the Internal Complaints Committees (ICC) that provides details such as complaint numbers, resolution and action taken. Create a dashboard to monitor ICC functioning, member details and complaint status.

Budget utilization by gender:

Submit reports on the allocation and use of gender budgets in departments and institutions. Assess how the funds have improved the working environment for women and whether the gender budget cells are functional.

Gender Sensitization Programs:

Create a technical committee to develop training modules and evaluation tools for awareness programs. Consider introducing mandatory gender sensitivity tests for civil servants, competitive examinations and promotions. Include regular gender sensitivity assessments for management and government positions.

Separate Department for Empowerment of Women:

Explore the feasibility of a separate department for women’s empowerment, separate from social welfare.

Tracking and Surveillance:

Empower state and national commissions for women to monitor the implementation of the PoSH Act and conduct regular inspections. Create a register for external ICC members to ensure fair meetings and prevent abuse.

Educational initiatives:

Review and improve gender sensitization programs in schools and colleges. Ensure compliance with student safety guidelines as per existing government regulations.

Gender Audit Mechanism:

Establish gender audit groups to evaluate workplace behavior and recommend corrective actions for suboptimal gender sensitivity.

Funding mechanisms:

Explore the introduction of a gender reform surcharge/price to fund these initiatives.

Further to the specific objections raised in the three motions, the court ordered the first petitioner to submit a report to the respondents within four weeks regarding the payment of wages for the period of suspension, which was considered a duty. In the second motion, the court ordered the continuation and completion of the ongoing investigation into the allegations against the 4th and 5th respondents, stressing that the delay was unjustified as no court order restrained the process. Meanwhile, in the third petition, since the petitioner had already received relief through an earlier order, no further directions were issued.