• UGI USER
  • Jun 17, 2024
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RISING CASES UNDER POSH ACT POINT TO BETTER REPORTING

Syllabus:

GS-2:

  • Issues Related To Women, Govt.policies and Interventions

Focus:

  • Recent data reveals a significant increase in the number of sexual harassment cases reported under the PoSH Act in major IT firms, spotlighting the ongoing challenges and progress in addressing workplace harassment in India.
source:vakilsearch

Understanding Women in STEM and Workplace Dynamics:

  • STEM Participation: More women are entering STEM fields, leading to higher representation in corporate jobs, especially in the IT sector.
  • Corporate Representation: The proportion of women in leading corporate firms has significantly increased over time.
  • Higher Attrition Rates: Despite increased participation, women experience higher attrition rates than men due to various societal pressures.
  • Contributing Factors: Reasons for leaving include societal pressure after marriage, pregnancy, post-pregnancy work-life balance, and workplace harassment.
  • Impact of Harassment: Workplace harassment, whether verbal, sexual, or otherwise, contributes to the higher attrition rates among women.
Understanding “Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) PoSH Act, 2013:

  • PoSH Act, 2013: Indian legislation addressing workplace sexual harassment against women.
  • Purpose: Ensures a safe work environment, prohibits and provides redressal for sexual harassment.
  • Definition: Covers physical contact, sexual advances, demands for favors, sexually suggestive remarks, and creates a broad framework for protection.
  • Background: Based on SC’s Vishakha guidelines and constitutional provisions against discrimination.
  • Bhanwari Devi Incident (1992): A Rajasthan social worker was gang-raped for intervening in a child marriage.
  • Supreme Court (SC) Vishakha Guidelines (1997): Established due to absence of workplace sexual harassment laws, drawing from Indian Constitution and international conventions.
  • PoSH Act: Introduced in 2007, passed in 2013, it addresses workplace sexual harassment based on SC guidelines, finally enacting legal protections.

Key Provisions of the POSH Act:

  • Defines sexual harassment: Covers unwelcome physical, verbal, or non-verbal acts, requests for sexual favors, sexually suggestive remarks, and displaying pornography.
  • Circumstances of harassment: Includes promises or threats related to employment, interference causing hostile environments, and threats to employment status.
  • Employee definition: Covers all women employees, including regular, temporary, contractual, and interns.
  • Expands workplace definition: Includes all types of work environments, beyond traditional offices, encompassing telecommuting and other places visited for work.
  • Prevention and Prohibition: Employers must prevent and prohibit sexual harassment.
  • Internal Complaints Committee (ICC): Mandatory for workplaces with 10+ employees, empowered to handle complaints.
  • Employer Duties: Conduct awareness programs, ensure workplace safety, and display POSH Act information.
  • Penalties: Non-compliance can lead to fines and business license cancellation.

About ICC (Internal Complaints Committee):

  • Mandatory for employers with >10 employees, ensures fair inquiry of sexual harassment complaints.
  • LC (Local Committee): Required for firms <10 employees and informal sectors, handles complaints outside ICC’s jurisdiction.
  • Employer’s Duties: Includes annual reporting, workshops on Act awareness, and ICC member training; non-compliance may lead to fines up to ₹50,000.

What is “Convention on the Elimination of All Forms of Discrimination Against Women.”(CEDAW)?

  • CEDAW: International treaty adopted in 1979.
  • Objective: Eliminate discrimination against women and girls.
  • Coverage: Encompasses all areas to ensure equal rights.
  • Implementation: Requires countries to take actions for gender equality and women’s empowerment.

About Article 15(3) of the Indian Constitution:

  • Article 15(3) of the Indian Constitution:
  • Allows the state to make special provisions for women and children despite Article 15’s general prohibition of discrimination based on sex.
  • Permissible provisions:
  • Includes institutions exclusively for women and reserved spaces in public transport or places of entertainment to ensure their safety and access.

What is Attrition Rate?

  • Attrition Rate: Metric measuring the pace of employee departure from an organization.
  • Calculation: Expressed as a percentage of the average number of employees.
  • Purpose: Helps HR assess retention strategies and organizational stability.

Key Initiatives Related to Women’s safety:

  • One Stop Centre Scheme: Provides integrated support for women affected by violence.
  • UJJAWALA: Combats trafficking, aids victims’ recovery, and prevents commercial sexual exploitation.
  • SWADHAR Greh: Supports women in challenging situations with shelter and rehabilitation.
  • Nari Shakti Puruskar: Awards recognizing exceptional women’s achievements and contributions.

Misconceptions about Reporting Sexual Harassment:

  • Persistent Taboos: Despite increasing reports, the taboo around reporting sexual harassment in workplaces persists, indicating that many cases still go unreported.
  • Increased Awareness: The rise in cases reported under the PoSH Act suggests improved awareness and avenues for women to report harassment.
  • Tip of the Iceberg: Current figures likely represent only a fraction of the actual instances of workplace harassment, highlighting the need for continued efforts to encourage reporting.
  • Cultural Barriers: Societal norms and cultural pressures continue to inhibit many women from coming forward with complaints.
  • Progressive Measures: The increase in reporting reflects both the success of legal frameworks like the PoSH Act and the ongoing struggle to overcome deep-seated cultural barriers.

Reporting Trends in IT Companies:

  • Rising Complaints: The number of PoSH Act cases reported in top IT firms has been increasing, particularly post-pandemic.
  • TCS Data: Tata Consultancy Services saw 110 cases in FY24, about eight times more than ten years ago.
  • Infosys Data: Infosys reported 98 cases in FY24, a 3.3-fold increase compared to FY14.
  • Wipro Data: Wipro had 141 cases in FY23, peaking post-pandemic.
  • HCL Data: HCL reported 55 cases in FY23, a significant increase from the 58 cases between FY18 and FY22.

Societal Attitudes and Reporting Challenges:

  • Household Decision-Making: Only 57% of men in India believe wives should have an equal or greater say in household decisions.
  • Freedom of Movement: Only 42% of women in India are allowed to go alone to specific places like the market or health facilities.
  • Urban vs. Rural: In urban areas,6% of women are allowed to travel alone, compared to 39.2% in rural areas.
  • Justification for Violence: About 23% of men believe a husband is justified in beating his wife if he suspects infidelity, while 26% of women report their husbands are jealous if they talk to other men.
  • Influence on Reporting: These societal constraints significantly impact women’s willingness to report workplace harassment, especially those with controlling or abusive spouses.

Positive Developments and Remaining Challenges:

  • Improved Avenues: The increase in reported cases should be viewed positively, indicating better awareness and reporting mechanisms.
  • Supreme Court Observations: In May last year, the Supreme Court highlighted lapses in the implementation of the PoSH Act, such as inadequate Internal Complaints Committees.
  • Need for Robust Mechanisms: Many firms still lack properly constituted complaints committees, affecting the effectiveness of the PoSH Act.
  • Awareness and Courage: More women now have the courage to report harassment, but the figures still hide more than they reveal.
  • Continued Vigilance: Ongoing efforts are needed to address both the reporting mechanisms and the underlying societal attitudes that prevent many women from coming forward.

Analysis Complaint Trends and Data Sources:

  • TCS Complaint Trends: A significant increase in complaints filed and upheld in Tata Consultancy Services over the years.
  • Infosys Complaint Trends: Similar trends are observed in Infosys, with a steady rise in reported and upheld complaints.
  • Wipro Complaint Trends: Wipro has seen a peak in complaints post-pandemic, reflecting a broader trend of increasing reports.
  • HCL Complaint Trends: HCL’s data shows a notable increase in complaints in recent years, indicating better reporting.
  • Data Sources: The data for these charts were sourced from companies’ annual reports and the National Family Health Survey-5, providing a reliable basis for analysis.

Challenges:

  • Persistent Taboos: Societal taboos around reporting sexual harassment persist, leading to significant underreporting despite legal protections.
  • Cultural Barriers: Deep-rooted cultural norms and societal pressures discourage many women from speaking out against harassment.
  • Workplace Environment: Inadequate support structures and fear of retaliation within companies deter reporting.
  • Legal Implementation: Many firms fail to properly implement the PoSH Act, lacking necessary internal complaints committees and training.
  • Gender Inequality: Prevailing gender inequalities and lack of empowerment in decision-making at home spill over into the workplace.
  • Awareness Gaps: Lack of awareness about rights and reporting mechanisms among women hampers the effectiveness of the PoSH Act.
  • Attrition Rates: High attrition rates among women in STEM and corporate jobs are partly driven by unresolved harassment issues.

Way Forward:

  • Awareness Campaigns: Conduct widespread awareness campaigns to educate women about their rights and reporting mechanisms under the PoSH Act.
  • Strengthen Policies: Ensure strict implementation of the PoSH Act across all organizations, with robust internal complaints committees.
  • Cultural Change: Promote cultural change through education and sensitization programs to challenge and change deep-seated societal norms.
  • Support Systems: Develop strong support systems within workplaces, including counseling and protection for those who report harassment.
  • Empowerment Initiatives: Empower women through training programs that enhance their decision-making abilities both at home and at work.
  • Regular Audits: Implement regular audits and monitoring to ensure compliance with the PoSH Act and address gaps promptly.
  • Encourage Reporting: Create a safe and supportive environment that encourages women to report harassment without fear of retaliation.

Conclusion:

The rising number of cases reported under the PoSH Act highlights progress in awareness and reporting mechanisms. However, persistent societal taboos and inadequate implementation underscore the need for continued efforts to create a supportive environment where women feel safe and empowered to report workplace harassment.

Source: The Hindu

Mains Practice Question:

Discuss the challenges and opportunities presented by the increased reporting of sexual harassment cases under the PoSH Act. How can organizations and society work together to ensure a safer and more equitable workplace for women in India?

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