The Kerala Legal Service Authority in association with Govt Law College Ernakulam and LJRF Centre for women and children conducted a panel discussion on the topic Sexual Harrasment of Women at Workplace, prevention, prohibition and Redressal Act 2013 on 9th of October from 5pm to 7 pm in online mode. In the process of making this world a better and safer place for women we have welcomed many legislations and schemes in India as well. As women workforce is increasing day by day it is essential to ensure that their working spaces are equally safe. But still Sexual Harassment against women at Workplace has not come down.The POSH Act is our most exclusive law in regard to sexual harrasment of women at workplace, but how far this legislation is implemented still remains a question. Therefore this panel discussion was successful in creating dialogues around this crucial act. The panel discussion kick started with an inaugural session that was held online.
The inaugural session was hosted by Ms. Uthara Shekhar. The welcome address was delivered by Dr. Gifty Oomen, Associate Prof Govt Law College Ernakulam. It was followed by the presidential address of Dr. Bindu M Nambiar, Principal Govt Law College Ernakulam. Ma’am spoke about the rising number of cases of atrocities against women and the importance of the act in the present time. This was followed by the inaugural address by the Hon’ble Justice of Kerala Highcourt, justice Shoba Annamma Eapen. Ma’am detailed about the important legal developments in regard to sexual harrasment of women at workplace. Ma’am spoke about the Vishakha guidelines which gave way to the act and many other important case laws that developed it. The inaugural address was followed by the keynote address by Dr. Nisar Ahmed, District Judge, Member Secretary, KELSA. Sir keenly spoke about the relevance of the act and the importance of reporting such cases.Advocate Indhira Raveendran, Member, Kerala Women’s Commission was further invited to deliver a special address. Ma’am spoke about how the Women’s commission is effectively intervening in strengthening the implementation of the act and the importance of ICC and its powers. Finally advocate S.K Pramod, Member Bar Council of Kerala delivered a Felicitation note. Sir pointed out the importance of generating awareness about this act among public in increasing its efficiency. The inaugural session was concluded with the vote of thanks by Adv. Rose Mariam Seby, Convenor, LJRF.
After the inaugural session Adv.Reshma (convenor for webinar committee, LJRF centre for women and children) addressed welcome and invited the moderator and panelists to the panel discussion .D.S.S Giri shankar(Associate Professor, Govt Law College, Ernakulam) was moderated the session. The discussion began with Dr.S.S Giri shankar given a brief overview about the issues concerning the sexual harassment of women in workplace. He said that, it taken many years to form a legislation to take commitment and solidarity for providing dignity to women after Visaka guidelines. Moderator invited the first panelist, Kamneesh K.A(Spl judge SPE CBI NIA cases,Ernakulam) for contributing his points.
Following are key points that were raised by the panelist, Kamneesh K.A(Spl judge SPE CBI NIA cases,Ernakulam)
1. A new right is provided to women through this legislation. It prohibits the sexual harassment at work place. Sec 3 of POSH ACT 2013 provides that “No woman shall be subjected to sexual harassment at any workplace.
The following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:—
(i) implied or explicit promise of preferential treatment in her employment; or
(ii) implied or explicit threat of detrimental treatment in her employment ; or
(iii) implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or
(v) humiliating treatment likely to affect her health or safety.
There is no particular penal provision for prohibiting sexual harassment at work place
2. Formation of internal committee plays a crucial role in most cases. Most of the victims are not come forward for complaining in internal committee. It is constituted among the institution itself. The prime reason for this failure is ,internal committee is not equipped to deal with the things properly. It must have professional. There should be professional touch to the internal committee.
3.Section 4 of POSH ACT provides constitution of internal complaints committee. According to Section 4,”Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the “Internal Complaints Committee”:
Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.”
There should be a president and one person from NGO. Panelist suggested that there should be atleast one person have judicial or forensic experience. Beacuse the dealing here is serious one.There should not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge;
4.Compensation is a wonderful mechanism provided in the statute.It is provided under section 11 of POSH ACT. Tortious remedy provided under internal committee should be professionally oriented. Court can give compensation. Improvements is needed for statute for its enforcement.
After then moderator invited Dr.John Varghese, assistant director of Kerala Judical Academy) for sharing his views.
Following are key points that were raised by the panelist, Dr.John Varghese, assistant director of Kerala Judical Academy)
This is a piece of legislation enacted after a long gap after Visaka guidelines. He mentioned International aspects like CEDAW, Declaration of Elimination against employment and occupation in 1958.All these international aspects focuses on one thing that, right of women in work place should discriminatory free environment. Here ,there are committees are formed, Internal Aids committee and local aids committee. According to Section 11 of POSH ACT, “Subject to the provisions of section 10, the Internal Committee or the Local Committee, as the case may be, shall, where the respondent is an employee, proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable to the respondent and where no such rules exist, in such manner as may be prescribed or in case of a domestic worker, the Local Committee shall, if prima facie case exist, forward the complaint to the police, within a period of seven days for registering the case under section 509 of the Indian Penal Code (45 of 1860), and any other relevant provisions of the said Code where applicable:” The panelist suggested that there is no committee is properly formed. The persons in the internal committee are not competent to resolve the problems. Sometimes a committee instantly formed when grievances raised. There is no proper guidelines are provided for what should the employer do after obtaining the report or written apology is accepted. He also suggested that apart from compensation, there should be a relook on statute. Also counseling should be provided to the victim for restoration. Next section was presented by Dr Jayesh K Joseph criminologist ,Kerala Police Academy. He dealt with the different aspects of sexual harassment at workplace. In this legislation various punishments are provided. But whether the objective of punishments are fulfilled? He asked with this question.
Following are key points that were raised by the panelist,Dr Jayesh K Joseph, criminologist Kerala Police Academy .
1.Various root causes leads to sexual harassment .
• Male dominance
• Inferior job position
• Aggressive masculine trait of male gender
• Misperception of the friendly nature of women
• Higher academic profile and lesser job opportunity for women
• Sociological process of learning. It is main learning process for every human being by both psychological and Sociological learning.
• Credibility and victim blaming
• Lack of policies in organization. Every organization had internal committee but do not have policies to tackle with the provisions of POSH ACT or Visaka guidelines
• POSH ACT rightly suggests that to stick or exhibit a poster of provisions which is provided in POSH ACT or definition of sexual harassment and its punishments.
• Alcohol and addiction of drugs
2.Psychological Reasons – 6 types
• Lack or limited empathy towards others
• Elevated sense of his own interest
• Omnipotence
• Poor lack of control over sense of his own impulses
• Rationalization
• Excessive drinking and drug addiction
• Technical revolution means now every one can easily access pornographic websites. By the continuous watching of this kind of pornographic sites, it leads to the concept of women is a property of sexual harassment
3.Awarness classes about sexual harassment not only given to women community but also it should provided to men community.
After this moderator invited next panelist, for deliberating points .
Following are key points that were raised by the panelist, Dr.Thaji G.B, Assistant professor, (Govt Law College Thiruvanathapuram . She dealt with three key areas ,strength of legislation, loopholes identified and suggestions for proper implementation of the Act
1. Strength of legislation
India is bound to enact such legislation. India has an obligation to protect women from various forms of harassment and protect her rights. Enforce this even against private entities. This law protects more than just sexual harassment in the workplace. It also protects the economic rights of abused women. The provisions of the legislation provide a wide range of criteria for awarding compensation. It provides a safe and secure environment for the women community. It also provides pro-active strategies. This law helps prevent and prohibit sexual harassment in the workplace. In case of sexual assault, victims can freely complain to their superiors. It does not require permission. Women victims of harassment can take formal or informal means of complaint. She can either opt for reconciliation or she can go ahead with the investigation. It also provides some corrective methods to correct employee behavior. Institutional solutions are also available. It also provides confidentiality.
2. Loopholes identified
Its very difficult to prove sexual harassment. There is no proper knowledge about the definition of sexual harassment to the internal committee. They didn’t have practical experience and also didn’t know about the procedures. Internal Committee didn’t have professional experience and lack of legal knowledge. Seniority is the only criteria for appointing chairman of internal committee.
3.Suggestions for proper implementation of the Act
Impact assessment study is required. Because sexual violence affects not only women’s rights, but also women’s work productivity and her work environment. Studies are needed. The same best practices should be developed. Women (victims) should be given free medical and legal aid. This is the employer’s responsibility. The attitude of the employer is also very important. He must support. The employer must demonstrate that it has taken all reasonable care to avoid all forms of sexual harassment in the workplace. Sensitization is very important not only for women but also for men.
The panel discussion came to end as all the participants presented their ideas. Dr. S.S Girishankar, the moderator to the discussion, then went on to summarize the discussion evaluating the outputs generated by each panelists individually and chipping on his understandings as well.
The moderator started off with the first panelist, Mr.Kamneesh K.A. The moderator said that the panelist did a forensic analysis and all the issues he raised were real time issues faced by any organisation. He said even the big organisations fall into pieces when it comes to implementing a safe workplace for women. He said learning about the legislation and its scopes are very important. The moderator then went on to say that the panelist clearly pointed out the situation of institutional trauma within the ICC and how its important to treat the complainant well.
Dr.Girishankar then tried to summarize the deliberations put forth by the second panelist Dr.John Varghese. He believed that Ad hocism is the main issue when it comes to implementing POSH Act. He pointed out how many organisations doesn’t have an ICC in place, and for those who do it would be just for namesake. The panelist even tried to bring in International aspects like CEDAW into the discussion. The Moderator summarised the two speakers view by saying that they both gave a mirror image of the real situations of our institutions.
Dr.Jayesh K Joseph, the third panelist went deep into the psychological reasons leading to sexual harassments. The moderator deliberated about the priorities the organisations have to set. He spoke about how post globalisation the work culture is different now and both men and women are pushed to new frontiers of working environment. Therefore, more than ever, today, there is a need to develop a work culture where both genders could happily coexist. Institutions should adapt to such changes in global working culture. He pointed out that most organisations fail at this readiness and preparedness to accommodate female employees.
Dr. Thaji G.B, the last speaker’s thoughts were more anchored towards the strength of the legislation, said the moderator. He spoke in detail about the filing procedure. The moderator emphasised on a suggestion put forth by the panelist to include all gender discrimination laws into the term of sexual harassment in workplace, and how thus wanted to broaden the scope of the legislation. Another area the moderator brought focus onto was the condition of domestic workers, where no ICC is in place. He further added how KELSA, DLSA, other such organisations and students should consistently work to spread awareness and sensitize the public.
Finally, the moderator concluded by saying that all of the deliberations provided by the resource persons commanded better discussions on an independent note. Further he added that, all of us have a task at hand to continuously contribute for enhancing the capability of the delivery of this wonderful POSH Act and that he is looking forward to follow up measures. The session was concluded with a vote of thanks proposed by Ann V Varghese, Coordinator, Centre for Women and Child.
