Author in the article makes a case of challenges as mentioned, besides others, entails a need to re-visit the provisions of the Act to make them holistic, clear, practical and more effective.
Sexual Harassment
Apart from having effective workplace policies and well-functioning complaint mechanisms, organisations must also focus on effective communication and dissemination of such workplace policies.
India Inc. needs to understand that the SHW law is merely a step in building a safe work environment for women to start with and all sexes to end with. If compliance is done as lip service, it is an opportunity lost. Workplaces need to be educated and empowered not just to comply with the law, but...
There is a thin line between moral obligation of respecting a female co-worker and the legal obligation to do so. The IC cannot superimpose its moralities on the workforce but must be guided by legal principles and determine outcome of the misconduct empirically.
Effective monitoring by Govt Authorities of full-scale implementation is yet to be the order of the day; therefore, large no. of employers tend to comply with POSH Laws as a mere ritual or rigmarole or sham.
The organisations need to not only make compliances in regards to the provisions of the enactment but needs to channelise the mindset of individuals.
The naïve optimism surrounding the advantages of the PoSH Act need to be balanced through a deeper understanding of the disadvantages hidden within the Act in its current form. The Act needs to specify stringent anti-retaliation measures to alleviate the fear of retribution for lodging a sexual...
The purpose and aim of any policy in the organisation should not be to create fear among the employees but to make them aware and make it a part of their code of conduct and imbibing it as culture. It should make each and every employee more responsible and accountable to uphold the law.
The effective implementation of POSH Act requires creating an environment where women can speak up without fear and get justice, importantly to educate the men towards treatment of women at workplace is highly needed.
It is fairly effective in the organised sectors, but is still dormant and therefore rather ineffective in the unorganised sectors. The most glaring instance is existence of the Local Complaints Committee in the Districts and the Nodal Officer in each Block, constituted under Sub Sections (1) and...
