India is a democratic country. Under Article 21 of the Constitution of India, all citizens of India have the right to live with dignity. Sexual harassment act in the workplace specifically deals with sexual harassment. With this law, they can provide justice to the victims.
Sexual harassment can be defined on two bases. The first one is quid pro quo. In this, a woman gets sexually tortured in exchange for sexual favours and work benefits. This also directed to some actions such as making her work in problematic conditions and demotion.
Another is a ‘hostile working environment’ which imposes a duty on the employer to provide the women working with a positive working environment and prohibits sexist graffiti, sexual remarks showing pornography, and brushing against women employees.
Sexual Harassment and Formation of an ICC
Sexual harassment is any behaviour- physical, emotional, psychological, verbal, written, electronic which is offending is considered inappropriate according to PoSH Policy.
An Internal complaint committee is organized in every firm to look after the outlay of working conditions.
- A presiding officer. A working woman on a senior level is best suited for this position
- An external member is composed in the Internal Complaint Committee for honest decisions. He / she should be devoted to the concern of women
- A member with legal knowledge in social work
Final Words - Penalties for Infringement of PoSH Law
If an employer or head of the department ceases to function adequately regarding Sexual harassment in the workplace by not formulating an Internal Complaint Committee, he /she is subject to be penalized with a sum up to INR 50,000.
If the mistake prevails the next time, he/she will have to pay a fine of double the previous amount. In severe cases, permission from the government administration or business license can also be suspended.
It has been observed that more than 35% of women experience sexual abuse in the workplace. Out of the women who have been sexually assaulted, more than 65 % find it risky to file a complaint looking after the outcomes like fear, loss of prestige, and job security.
Sexual harassment act in the workplace is to prevent sexual abuse of women at workplace. Every firm should aim to ensure a safe working place for its employees and people in general. The Sexual harassment act in the workplace involves the members as well as the employer of the company. The employees who are temporary as well as regular are required to conform to the laws. The contract workers, visitors, suppliers, interns, clients, and interns are equally liable.