Over 10 years after the POSH Act, are women safe at workplaces?

Harassment and violence against women remain a significant and escalating issue in our society, both in the national and local context. Among its various forms, sexual harassment is particularly prevalent and impacts women broadly. While there is frequent discourse surrounding sexual harassment in domestic settings and public spaces, such as public transport like buses, the issue of sexual harassment in the workplace often receives insufficient attention.

Unwelcoming sexually determined behaviour such as inappropriate touching, sexual jokes and requiring sexual favours in exchange for a promotion or job security is experienced by women employees in different professional setups including both government and non-government organizations.

As per the National Commission for Women (NCW), as many as 12,600 complaints have been received by them up to June 2024. Similarly, the Commission received a total of 3,00,693 complaints of crimes against women in 2023. While only 298 of them involve workplace harassment, regardless of that, real-life incidents in the news and around us show a different picture. Experts call these figures a mere result of underreporting.

Women continue to face unwelcome verbal or non-verbal conduct of a sexual nature in various environments, including educational institutions, industries, hospitals, and newsrooms. A stark example of this reality is the biggest news of 2024 which ran across every TV channel and newspaper in India. The tragic incident on August 14, 2024, when a female doctor on duty was brutally raped and murdered inside R.G. Kar Medical College and Hospital in Kolkata.

This shocking crime took place in what is supposed to be a safe and professional environment, raising serious questions about security measures in hospitals. Witnesses reported a lack of adequate security personnel and surveillance systems within the hospital premises, which could have potentially deterred such an atrocity.

The incident sparked outrage and protests all around India, with people demanding immediate investigation and reforms to enhance safety protocols in hospitals and other workplaces.

As reported by The Statesman, a recent survey titled “Workplace Safety and Security in Indian Healthcare Settings: A Cross-Sectional Survey” has shown that over half (58.2 per cent) of healthcare workers feel that their workplace is unsafe, particularly in State and Central government medical colleges. The survey was led by experts from the Vardhman Mahavir Medical College (VMMC), Safdarjung Hospital and The AIIMS, New Delhi.

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Besides healthcare, other sectors and institutions have a similar tale to tell. For instance, the FIRs filed against the Wrestling Federation of India chief by wrestlers, complaining of 15 incidents of sexual harassment that included inappropriate touching, molestation and intimidation.

In an investigation by Indian Express in 2023, it was revealed that more than half of India’s 30 national sports federations do not have an Internal Complaints Committee (ICC). When there is nobody to watch over and hold assaulters accountable, it is obvious that crimes against women will increase.

It is pertinent to mention that last year marked the 10th anniversary of the Protection of Women from Sexual Harassment at Workplace Act, 2013. Over a decade ago, GOI passed the POSH Act to create a safe environment for working women. The POSH Act requires organizations to define sexual harassment policies, establish prevention systems, create procedures, set service rules, and set up grievance committees to investigate complaints.

However, during the last 11 years, has it been implemented in letter and spirit? No! A serious concern in this matter remains the lack of awareness among women about this Act and the failure of organizations to implement the POSH Act.

Dr Saima Nazir (name changed) from Srinagar, Kashmir who holds a doctoral degree (PhD) in Social Work explains that the POSH Act mandates all workplaces to create awareness about the issue of sexual harassment and to provide the necessary legal remedies for victims. As per the Act, each internal committee is supposed to prepare and submit an annual report to the employer and District Officer.

“The Act applies to all workplaces, including government, private, and non-governmental organizations. It also covers students in schools and colleges, as well as patients in hospitals,” she says, adding that employers who fail to comply with the POSH Act can be fined up to 50,000 rupees.

However, with utter disappointment, she admits that on the ground, none of this is followed. Nazir is currently a lecturer at a degree college in Srinagar.

It is concerning that such events often go unnoticed and untold within and outside the organizations. These incidents are mostly brushed under the carpet by the victim due to the fear of victim blaming and professional repercussions.

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In conversation with many women, one learns how this type of harassment is usually masked as something inoffensive and not so serious. If women try to speak about it, they are tagged as “dramatic or overreactive”.

The state of educational institutions in J&K is quite similar. As a formality, ICCs have been established, but when it comes to their functioning, the performance is worrisome. As per sources who wish to remain anonymous, the government does not even try to find out if the institutions are following the provisions mentioned in the Act or not.

The inefficient functioning, lack of clarity in the law about how to conduct such inquiries, and lack of awareness in women about who to approach in case of facing harassment, have ended up becoming barriers to safer workplaces.

It is a fact that harassment affects the mental and physical health of victims. Not only can it lead to depression, anxiety, and panic attacks but suicides as well. Such traumatic experiences lead to loss of self-esteem, hence impacting the work life and performance of victims.

Experts state that in order to create a healthy workplace culture, it becomes necessary to prevent this crime. For the same, the first step is to confidently recognize the unwelcoming sexual behaviours of the employee because most women often try to justify such acts as a mere misunderstanding in their head. After recognition, the next step should be reporting the offence to the Internal Complaints Committee.

It is the responsibility of the administrators to make workplaces sexual harassment-free by ensuring easy and quick redressal of such cases by actively functioning committees. All of us in our own spaces, as employees, students, journalists or even family members must support each other in this process.

Instead of encouraging one another to suffer in silence, we must have a non-judgmental approach and encourage each other to speak up. At the basic level, an important step to eliminate this heinous crime would also be the inclusion of relevant topics in schools regarding good and bad touch and seminars/workshops with employees, educating them about various laws about the safety of women.

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