Roadmap for Answer Writing

1. Introduction (Briefly introduce the PoSH Act)

• Provide a brief introduction to the PoSH Act as a legislative framework to prevent sexual harassment in the workplace.
• Mention the origin of the Act and its foundation in the Vishakha Guidelines from the 1997 Vishakha case.

2. Background (Origins and Evolution)

• Explain the evolution of the Vishakha Guidelines (1997) laid down by the Supreme Court and their replacement by the PoSH Act, 2013.
• Mention that the guidelines were in force until the PoSH Act was enacted to provide a more comprehensive legal framework.

3. Main Provisions of the PoSH Act

• Scope of the Act:
  • Includes women employees, clients, and customers.
  • Introduces the concept of extended workplace to cover areas outside the actual office.
• Complaint Mechanism:
  • Formation of Internal Complaints Committee (ICC) for workplaces with 10+ employees and Local Committees (LC) for other workplaces.
• Safeguards for Victims:
  • Ensures confidentiality of complaints.
  • Provides protection against retaliation and access to legal aid.
• Relief and Punishment:
  • Provision for conciliation and interim relief during inquiries.
  • Specifies punishments and compensation for offenders.
• Duties of Employers:
  • Employers are required to ensure safe workplaces, conduct awareness programs, and submit annual reports.
  • Non-compliance can lead to fines or license cancellation.

4. Challenges in Implementing the PoSH Act

• Compliance Issues:
  • Reference the Aureliano Fernandes vs. State of Goa (2023) case, where the Supreme Court found that several sports federations lacked mandated sexual harassment panels.
• Lack of Reporting:
  • As observed in the Aureliano Fernandes case, low reporting due to procedural unawareness, lack of confidence, and fear of retaliation.
• Lack of Independent External Members:
  • In Punjab and Sind Bank vs. Durgesh Kuwar (2020), the Supreme Court observed that the external member was not independent, violating the Act’s provisions.
• Improper Inquiry Process:
  • In the Vijaykumaran C.P.V vs. Central University of Kerala (2020) case, the Court ruled that the professor’s termination was invalid due to the absence of a proper inquiry process.

5. Measures to Enhance Effectiveness

• Institutional Support:
  • The government should ensure timely constitution of committees in compliance with the PoSH Act, as per the Supreme Court’s directions.
• Training and Awareness:
  • Conduct regular training sessions for committee members and workshops for employees to enhance understanding and confidence in the reporting mechanism.
• Accountability Mechanisms:
  • Hold Secretaries of ministries and Chief Secretaries of states accountable for the implementation of the Act at the national and state levels.

6. Conclusion

• Reaffirm the importance of the PoSH Act in creating a safer workplace for women.
• Emphasize the need for sustained efforts, regular monitoring, and collective action for effective implementation.

Relevant Facts to Use in the Answer

1. Background of PoSH Act:
   • The PoSH Act was enacted in 2013 after the Vishakha Guidelines (1997) in the Vishakha case by the Supreme Court, which was the first legal attempt to prevent sexual harassment at the workplace.
2. Provisions of the PoSH Act:
   • The Act mandates the creation of Internal Complaints Committees (ICC) in workplaces with 10 or more employees and Local Committees (LC) for other organizations.
   • It also requires employers to conduct awareness programs, submit annual reports, and ensure safe workplaces.
3. Implementation Challenges:
   • Aureliano Fernandes vs. State of Goa (2023): Supreme Court observed that many sports federations did not comply with the PoSH Act’s provisions.
   • Punjab and Sind Bank vs. Durgesh Kuwar (2020): The Supreme Court noted that the external member of the committee was not independent as per the Act.
   • Vijaykumaran C.P.V vs. Central University of Kerala (2020): Court ruled a professor’s termination invalid due to improper inquiry processes.
4. Supreme Court Recommendations:
   • The Court directed the government to ensure the timely establishment of committees and regular training for committee members.
   • It also emphasized the need for accountability of high-level officials like Secretaries and Chief Secretaries in ensuring the effective implementation of the Act.