About The Author
Mydhili S Santh, a final year law student at Government Law College, Ernakulam is the author of this article.
Introduction
Sexual harassment at the workplace remains one of the most pervasive yet underreported forms of gender-based violence in India. While the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, marked a significant step towards ensuring safer work environments, its reach and effectiveness remain limited, particularly in the vast unorganised sector.
The POSH Act, under Section 2(p), defines the unorganised sector as a workplace where an enterprise is owned by individuals or self-employed workers and is engaged in the production or sale of goods or providing services of any kind whatsoever, where the number of workers employed by such enterprise is less than ten. This sector generally includes agricultural workers, domestic workers, construction workers, street vendors, and more.
In India, labour force participation in the informal economy reflects a stark gender divide, with 95% of the female workforce engaged in the informal sector. Yet, the country’s most significant legislation aimed at protecting women from sexual harassment at the workplace, the POSH Act, largely overlooks this vast section of the population, leaving them without meaningful safeguards.
Importance of effective implementation of POSH in the unorganised sector
The workers of the unorganised sector are among the most vulnerable sections of society, and the women working in these areas are particularly at risk. These are often women from underprivileged backgrounds and marginalised communities in India. Statistics from the Periodic Labour Force Survey Annual Report, 2020–2021, show that women make up more than half (56.7%) of the non-agricultural informal sector. Women working here are often the sole breadwinners of their families and are compelled to work for survival rather than by choice. The gender pay gap is even more pronounced in the unorganised sector, leaving women more susceptible to exploitation by employers. Furthermore, women employed in unorganised sectors often lack education and awareness about the law, making them easy prey for exploitation by employers and co-workers.
This is compounded by patriarchal mindsets deeply entrenched in rural and marginalised societies, where women are silenced by fear and discouraged from speaking out against injustices. They are victims of a culture that teaches them to endure suffering rather than demand justice or assert their rights.
Strengthening Local Committees
One of the efficient features of the POSH Act is the establishment of the Internal Complaints Committee (ICC), which investigates and takes active steps toward addressing complaints of sexual harassment. While ICCs are mandatory for the organised sector, they are not applicable to the unorganised sector. Therefore, to address complaints in this sector, Section 7 of the POSH Act introduces the concept of a Local Committee (LC).
An LC is established by the District Officer, who may be the Collector, District Magistrate, Deputy Collector, or Additional District Magistrate. The LC is responsible for handling complaints of sexual harassment in workplaces with fewer than ten employees. To facilitate this, the District Officer must appoint a nodal officer in every block, taluka, tehsil, or ward to receive complaints and forward them to the committee within seven days.
The Local Committee consists of a chairperson, usually a woman with a strong background in social work and a commitment to women’s welfare, along with one female member from a local government body such as a ward, block, or municipality. In addition, the committee includes two members from non-governmental organisations or associations that work on issues related to women’s rights and sexual harassment. There is also an ex-officio member, typically a government official from the district’s social welfare or women and child development department. To ensure inclusive representation, the committee must have at least one female member from a Scheduled Caste, Scheduled Tribe, Other Backward Class, or Minority Community.
For domestic workers, who are specifically recognised under Section 2(e) of the POSH Act, the LC follows a slightly different process. When such a complaint arises, it is forwarded to the local police, who are required to register a case under Section 509 of the Indian Penal Code, 1860, which pertains to acts, words, or gestures intended to insult a woman’s modesty. The police must file the case within seven days of receiving the complaint.
Despite having support from state machinery, unlike ICCs, LCs still underperform in comparison. In October 2018, a study conducted by the Martha Farrell Foundation using information obtained through RTI revealed that, in the majority of the 655 districts examined, Local Committees were largely inactive. The research highlighted issues such as improperly constituted committees and a widespread lack of understanding among members regarding their duties and responsibilities.
In 2017, the NGO Initiatives for Inclusion Foundation filed a Public Interest Litigation in the Supreme Court highlighting the poor implementation of the POSH Act. The petition noted that only five states Madhya Pradesh, Kerala, Karnataka, Haryana, and Chhattisgarh and two Union Territories Daman and Diu, and Dadra and Nagar Haveli, had provided adequate information on the formation of Local Committees. It also pointed out that no state had shared details about steps taken to raise awareness or promote the provisions of the Act. Given that Local Committees are the sole redressal mechanism available to women in the informal sector, it is crucial to ensure their establishment and effective functioning in every part of the country without delay.
Building Awareness to Strengthen Protection
Despite the availability of a formal complaint and investigation mechanism under the POSH Act, very few cases from the unorganised sector actually reach the Local Committees. A major reason for this is the lack of awareness among workers about their rights and the existence of these redressal bodies. Many women in informal jobs are unaware that they can report sexual harassment, and even when they are, fear, stigma, and procedural confusion prevent them from coming forward. This highlights the urgent need for targeted awareness campaigns and basic legal training, especially for underprivileged and marginalised communities, to ensure that the Act serves its intended purpose.
Additionally, the POSH Act assigns the government several responsibilities, including developing educational and training materials, conducting awareness and sensitisation programs, and improving public understanding of the Act. It is also the government’s duty to arrange orientation and capacity-building sessions for the members of Local Committees as well.
Strengthening the Path Ahead
To ensure the POSH Act truly protects women in the unorganised sector, several gaps in its implementation must be addressed. Local Committees need to be properly constituted, trained, and made active in every district, with nodal officers appointed to receive complaints promptly. Awareness about the Act must be widely promoted among both workers and employers through accessible outreach efforts. Technology can help bridge gaps in access by enabling online complaint systems and support through local digital centres. Regular monitoring, transparent data reporting, and collaboration with NGOs and grassroots collectives will further improve outreach and accountability. Most importantly, gender sensitisation must be integrated at all levels to ensure that complaint processes are not just formal, but also empathetic and inclusive. A targeted and inclusive approach is key to making the protections under the POSH Act meaningful for the millions of women in India’s informal workforce.
