Overview of the POSH Act and Its Challenges
The article discusses a recent case in Chandigarh involving a college professor dismissed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act. This case highlights both successes and ongoing challenges in implementing the Act.
Key Issues with the POSH Act
- Consent vs. Informed Consent:
The Act references "consent" but fails to address "informed consent," which can be compromised by manipulation or power imbalances. - Emotional and Psychological Harassment:
The Act does not effectively address harassment stemming from emotional manipulation or deceitful relationships. - Limitation Period:
The three-month timeframe for filing complaints is often insufficient for victims to recognize and report harassment. - Terminology and Language:
Using the term "respondent" instead of "accused" diminishes the perceived severity of the offense. - Burden of Proof:
Vague definitions shift the burden of proof onto victims, who must navigate often unresponsive or ill-equipped institutional structures. - Inter-Institutional Complaints:
The Act lacks mechanisms to address misconduct that spans multiple institutions, allowing repeat offenders to go unchecked. - Technological Challenges:
The Act is outdated in handling digital evidence and communication, requiring updated protocols and training for committee members.
Recommendations
- Incorporate clearer definitions and protocols, especially around informed consent and emotional harassment.
- Extend the complaint filing period beyond three months to accommodate the time victims need to process and report their experiences.
- Update language and definitions to reflect the seriousness of harassment incidents.
- Strengthen the Act with guidelines for handling digital evidence and providing mandatory training for committee members.
The POSH Act was a significant step when introduced, but it requires substantial updates to effectively protect against workplace harassment and deliver justice consistently.
