About the Author
This Article is written by Aparna Nair. She is a BBA LLB (Hons.) graduate currently practising at High Court of Kerala. She is also an editor trainee at ljrfvoice.com.
Introduction
The PoSH Act, also known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, was passed in order to give Indian women a safe and secure workplace. The fundamental rights guaranteed by the Indian Constitution, especially those pertaining to equality, nondiscrimination, and personal liberty, are in line with this legislation.
This article examines how the PoSH Act and these constitutional rights interact, highlighting relevant case law that clarifies this connection.
Constitutional Foundation of the PoSH Act
Adopted in 1950, the Indian Constitution establishes the foundation for fundamental rights that are vital to each person’s growth. Among these, Article 14, is crucial since it guarantees equal protection under the law and equality before the law in India. Discrimination on the basis of religion, ethnicity, caste, sex, or place of birth is prohibited by Article 15. The right to practice any profession or to engage in any trade, business, or occupation is guaranteed under Article 19(1)(g) and Article 21 Ensures that personal freedom and life are protected.
These fundamental rights serve as the foundation for the legality and goals of the PoSH Act, which aims to establish workplaces free from sexual harassment and where women can work with dignity.
Judicial Recognition Leading to the PoSH Act
The genesis of the PoSH Act can be traced back to the landmark judgment of the Supreme Court in Vishaka v. State of Rajasthan (1997)1.
The case was filed after the gang rape of Bhanwari Devi, a social worker in Rajasthan who was trying to prevent child marriage as part of a government program. Despite filing a complaint, she did not receive justice, as the accused were acquitted. This highlighted the lack of laws to address sexual harassment at workplaces.
Vishaka, along with other women’s rights groups, filed a Public Interest Litigation (PIL) in the Supreme Court of India, arguing that workplace harassment violated fundamental rights under the Indian Constitution (Articles 14, 15, 19, and 21).The Court recognized the absence of a specific law for workplace sexual harassment and issued the Vishaka Guidelines, making them binding until legislation was enacted.
Significance of the Judgment:
- Defined sexual harassment at workplaces for the first time in India.
- Made it mandatory for all workplaces to set up an Internal Complaints Committee (ICC).
- Laid the groundwork for the POSH Act, 2013.
In the above-mentioned case, the Court acknowledged the absence of legislative measures to address sexual harassment at workplaces and laid down guidelines to fill this void, emphasizing that such harassment violates Articles 14, 15, 19(1)(g), and 21 of the Constitution. These guidelines served as the foundation for the eventual enactment of the PoSH Act.
Case Laws Illustrating the Intersection
Dr. Sohail Malik v. Union of India & Anr. (2023)2
The Delhi High Court addressed whether the PoSH Act applies when the alleged harasser and the complainant work in different departments. The Court held that the Act’s scope is not limited to cases where both parties are from the same department, emphasizing that any interpretation limiting the Act’s applicability would undermine its objectives. This judgment reinforces the constitutional principles of equality and non-discrimination.
Dr. Kali Charna Sabat v. Union of India (2024)3
The Madhya Pradesh High Court examined the procedural aspects of the PoSH Act. The Court emphasized that the Internal Complaint Committee (ICC) must attempt conciliation before proceeding with an inquiry. Furthermore, it highlighted the necessity of adhering to principles of natural justice, such as providing the accused an opportunity to cross-examine witnesses.
Abraham Mathai v. State of Kerala & Ors. (2024)4
The Kerala High Court dealt with the issue of initiating inquiries based on oral complaints. The Court ruled that, as per Section 9 of the PoSH Act, a written complaint is a mandatory prerequisite for initiating an inquiry. This decision ensures that the rights of the accused to a fair process are protected.
Global Perspectives
The intersection of workplace harassment laws with fundamental rights is a global concern. In the United States, the Civil Rights Act of 1964 prohibits employment discrimination based on sex, among other categories. The landmark case of Meritor Savings Bank v. Vinson (1986)5 recognized hostile work environment sexual harassment as a violation of Title VII of the Act.
Similarly, the United Kingdom’s Equality Act 2010 consolidates anti-discrimination laws, including those addressing sexual harassment at the workplace. The case of Porcelli v.
Strathclyde Regional Council (1986)6 highlighted that an employer could be held liable for sexual harassment perpetrated by its employees.
Challenges and the Way Forward
The PoSH Act offers a strong structure, yet there are still issues with its application. Problems including ignorance, insufficient ICC member training, and social stigmas discourage incident reporting. To overcome these obstacles, it is essential to: –
- Raise Awareness: To inform staff members of their rights, hold frequent training sessions and workshops.
- Srengthen the ICCs: The ICCs should be strengthened by making sure that their members receive sufficient training on how to handle complaints tactfully and in compliance with the law.
- Encourage a Culture of Support: Create an atmosphere at work where victims feel free to come forward without worrying about reprisals.
Conclusion
One important piece of legislation that operationalises the fundamental rights protected by the Indian Constitution in the context of the workplace is the PoSH Act. The right to equality, dignity, and personal liberty are upheld by eliminating sexual harassment in the workplace. However, to guarantee that workplaces remain inclusive and secure, their effective implementation necessitates ongoing efforts, knowledge, and institutional commitment.
