Syllabus: GS– II & V: Governance, Social Justice & Women Issues

Why in the News?

With increasing focus on workplace safety and gender justice, the implementation of the POSH Act, 2013 and mechanisms like She-Box are under discussion.

Background: From Vishaka to Law

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is based on the Vishaka Guidelines (1997)
• Originated from the landmark case Vishaka v. State of Rajasthan
• Recognised sexual harassment as a violation of:
  • Article 14 (Equality)
  • Article 15 (Non-discrimination)
  • Article 21 (Right to life with dignity)
• Section 16 of the Act prohibits publication/making known contents of complaint and inquiry proceedings to keep the identity of the woman filing the complaint confidential.

What is Sexual Harassment?

• Defined as any unwelcome behaviour of sexual nature, including:
  • Physical advances or contact
  • Sexually coloured remarks
  • Demand for sexual favours
  • Showing pornography
  • Online harassment (emails, messages, virtual meetings)

Wide Scope of ‘Workplace’

• Covers:
  • Offices, institutions, hospitals, non-government organisations
  • Transport and work-related travel
  • Work-from-home and virtual spaces
• Judicial interpretations expanded scope:
  • Online harassment also included (Sanjeev Mishra case)
  • Workplace is not limited to physical offices

Institutional Mechanism

• Internal Complaints Committee (ICC):
  • Mandatory in organisations with 10 or more employees
  • Composition:
    • Minimum four members, half must be women.
    • Presiding officer (senior woman employee)
    • Two members with social or legal knowledge
    • External member (mandatory, as per court rulings)
• Local Complaints Committee:
  • For organisations with fewer employees or informal sector
  • Minimum five members, half must be women.
  • Chairperson from eminent women in field of social work and committed to cause of women;
  • One Member from women working in block, taluka or tehsil or ward or municipality in district;
  • Two Members (atleast one shall be a woman), from NGOs or associations committed to cause of women;
  • Concerned officer (member ex officio) dealing with social welfare or women and child development in the district.
• Tenure of all members of ICC and LCC is 3 Years.
• Both ICC and LCC have powers similar to that of a civil court.

Government Initiative

• Sexual Harassment Electronic Box (She-Box): Online platform for filing complaints, it ensures single-window access and faster redressal
  • Mandatory registration for organisations
• National Database on Sexual Offenders (NDSO): Launched by the Ministry of Home Affairs, facilitates investigation and tracking of sexual offenders across the country by law enforcement agencies.
• One Stop Centre (OSC) scheme: Provide women affected by violence with integrated services (medical aid, police assistance, legal counselling, temporary shelter etc).
• Investigation Tracking System for Sexual Offences: Monitor and track time-bound investigation in sexual assault cases in accordance with Criminal Law (Amendment) Act 2018.
• Swadhar Greh Scheme: Provides institutional support for rehabilitation of women who faced crime, violence, mental stress.
• Ujjawala scheme: Prevent trafficking of women and children for commercial sexual exploitation through social mobilization.

Important Concepts Explained

• Gender Justice: Fair treatment and equal opportunities for all genders
• Workplace Safety: Protection from physical, mental and emotional harm
• Internal Complaints Committee: In-house body for grievance redressal
• Due Process: Fair and transparent handling of complaints
• Accountability: Responsibility of institutions to act on complaints

Significance of the Act

• Ensures safe and dignified work environment
• Encourages women’s participation in workforce
• Aligns with constitutional values and human rights
• Adapts to modern realities like remote and digital workplaces

Challenges in Implementation

• Lack of awareness among employees, about who to approach in case of facing harassment.
• Improper or Non-constitution constitution of committees, many institutions either do not form ICCs or constitute them improperly 
  • For instance: 16 out of the 30 national sports federations in the country had not constituted an ICC till date.
• Under-reporting due to stigma, fear and career consequences. 
• Evidence-related difficulties as such incidents often occur in private, making proof difficult.
• Weak enforcement in the unorganised sector, as employer-employee structures are unclear.
  • Nearly 80% of India’s women workers are employed in the informal sector.

Way Forward

• Strengthen awareness and training programmes
• Ensure strict compliance by organisations
• Promote gender-sensitive workplace culture
• Use digital tools like She-Box effectively

Exam Hook

Key Takeaways:

• POSH Act ensures legal protection and dignity for women at workplace
• Expands definition of workplace to include virtual spaces
• Implementation remains the biggest challenge

Mains Question:
“Discuss the significance of the POSH Act, 2013 in ensuring gender justice. Highlight the challenges in its effective implementation.”

One-line Wrap

The POSH Act is not just a law—it is a commitment to dignity, safety and equality at every workplace.

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