‘Sorry state of affairs’: SC on lack of sexual harassment committees at workplace 

By PTI

NEW DELHI: Expressing concern over the dearth of committees in authorities departments to probe sexual harassment allegations on the workplace, the Supreme Court on Friday said the problem needs urgent amelioration by way of sturdy and surroundings pleasant implementation of the Prevention of Sexual Harassment (PoSH) Act.

The excessive courtroom said it is disquieting to note that there are important lapses inside the enforcement of the Act even after such a really very long time and termed it as a “sorry state of affairs” which shows poorly on all the state functionaries, public authorities and private undertakings.

A bench of justices A S Bopanna and Hima Kohli said the working of the Act is centred on the construction of inside complaints committees (ICCs) by every employer on the workplace and construction of native committees (LCs) and inside committees(ICs) by the appropriate authorities.

The apex courtroom said an improperly constituted ICC/LC/IC, could be an impediment in conducting an inquiry proper right into a criticism of sexual harassment on the workplace, as envisaged beneath the statute and the ideas.

“It could be equally counterproductive to have an ill-prepared committee conduct a half-baked inquiry that will end in important penalties, particularly, imposition of most important penalties on the delinquent employee, to the aim of termination of service.

“It is disquieting to note that there are serious lapses in the enforcement of the Act even after such a long passage of time,” the bench said.

The excessive courtroom moreover well-known that this “glaring lacuna” has been not too way back delivered to the fore by a nationwide daily newspaper that has carried out and revealed a survey of 30 nationwide sports activities actions federations inside the nation and reported that 16 out of them have not constituted an ICC till date.

“Where the ICC have been found to be in place, they do not have the stipulated number of members or lack the required exterior member.

This is definitely a sorry state of affairs and shows poorly on all the State functionaries, public authorities, personal undertakings, organizations and institutions which could be obligation sure to implement the PoSH Act in letter and spirit,” it said.

The apex courtroom said being a sufferer of such a deplorable act not solely dents the self-worth of a woman, it moreover takes a toll on her emotional, psychological and bodily effectively being.

“It is often seen that when women face sexual harassment at the workplace, they are reluctant to report such misconduct. Many of them even drop out from their job. One of the reasons for this reluctance to report is that there is an uncertainty about who to approach under the Act for redressal of their grievance.”

“Another is the lack of confidence in the process and its outcome. This social malady needs urgent amelioration through robust and efficient implementation of the Act. To achieve this, it is imperative to educate the complainant victim about the import and working of the Act,” the bench said.

The excessive courtroom said the victims need to be made acutely aware of how a criticism may be registered, the method which may be adopted to course of the criticism, the goal technique whereby the ICC/LC/IC is anticipated to carry out beneath the statute.

“However salutary this enactment may be, it will never succeed in providing dignity and respect that women deserve at the workplace unless and until there is strict adherence to the enforcement regime and a proactive approach by all the State and non-State actors. If the working environment continues to remain hostile, insensitive and unresponsive to the needs of women employees, then the Act will remain an empty formality,” the bench said.

The excessive courtroom said if the “authorities/managements/employers” cannot assure them a protected and protected workplace, they might concern stepping out of their properties to make a dignified residing and exploit their experience and skills to the hilt.

“It is, therefore, time for the Union government and the state governments to take affirmative action and make sure that the altruistic object behind enacting the PoSH Act is achieved in real terms,” the bench said.

The excessive courtroom’s comment acquired right here whereas listening to a plea filed by Aureliano Fernandes, former head of division of Goa University, troublesome an order of Bombay extreme courtroom regarding allegations of sexual harassment in the direction of him.

The extreme courtroom had dismissed his plea in the direction of an order of the Executive Council of Goa University (Disciplinary Authority) which dismissed him from suppliers and disqualification from future employment.

The excessive courtroom put apart the extreme courtroom order noting procedural lapses inside the inquiry proceedings and violation of guidelines of pure justice.

NEW DELHI: Expressing concern over the dearth of committees in authorities departments to probe sexual harassment allegations on the workplace, the Supreme Court on Friday said the problem needs urgent amelioration by way of sturdy and surroundings pleasant implementation of the Prevention of Sexual Harassment (PoSH) Act.

The excessive courtroom said it is disquieting to note that there are important lapses inside the enforcement of the Act even after such a really very long time and termed it as a “sorry state of affairs” which shows poorly on all the state functionaries, public authorities and private undertakings.

A bench of justices A S Bopanna and Hima Kohli said the working of the Act is centred on the construction of inside complaints committees (ICCs) by every employer on the workplace and construction of native committees (LCs) and inside committees(ICs) by the appropriate authorities.googletag.cmd.push(carry out() googletag.present(‘div-gpt-ad-8052921-2’); );

The apex courtroom said an improperly constituted ICC/LC/IC, could be an impediment in conducting an inquiry proper right into a criticism of sexual harassment on the workplace, as envisaged beneath the statute and the ideas.

“It could be equally counterproductive to have an ill-prepared committee conduct a half-baked inquiry that will end in important penalties, particularly, imposition of most important penalties on the delinquent employee, to the aim of termination of service.

“It is disquieting to note that there are serious lapses in the enforcement of the Act even after such a long passage of time,” the bench said.

The excessive courtroom moreover well-known that this “glaring lacuna” has been not too way back delivered to the fore by a nationwide daily newspaper that has carried out and revealed a survey of 30 nationwide sports activities actions federations inside the nation and reported that 16 out of them have not constituted an ICC till date.

“Where the ICC have been found to be in place, they do not have the stipulated number of members or lack the required exterior member.

This is definitely a sorry state of affairs and shows poorly on all the State functionaries, public authorities, personal undertakings, organizations and institutions which could be obligation sure to implement the PoSH Act in letter and spirit,” it said.

The apex courtroom said being a sufferer of such a deplorable act not solely dents the self-worth of a woman, it moreover takes a toll on her emotional, psychological and bodily effectively being.

“It is often seen that when women face sexual harassment at the workplace, they are reluctant to report such misconduct. Many of them even drop out from their job. One of the reasons for this reluctance to report is that there is an uncertainty about who to approach under the Act for redressal of their grievance.”

“Another is the lack of confidence in the process and its outcome. This social malady needs urgent amelioration through robust and efficient implementation of the Act. To achieve this, it is imperative to educate the complainant victim about the import and working of the Act,” the bench said.

The excessive courtroom said the victims need to be made acutely aware of how a criticism may be registered, the method which may be adopted to course of the criticism, the goal technique whereby the ICC/LC/IC is anticipated to carry out beneath the statute.

“However salutary this enactment may be, it will never succeed in providing dignity and respect that women deserve at the workplace unless and until there is strict adherence to the enforcement regime and a proactive approach by all the State and non-State actors. If the working environment continues to remain hostile, insensitive and unresponsive to the needs of women employees, then the Act will remain an empty formality,” the bench said.

The excessive courtroom said if the “authorities/managements/employers” cannot assure them a protected and protected workplace, they might concern stepping out of their properties to make a dignified residing and exploit their experience and skills to the hilt.

“It is, therefore, time for the Union government and the state governments to take affirmative action and make sure that the altruistic object behind enacting the PoSH Act is achieved in real terms,” the bench said.

The excessive courtroom’s comment acquired right here whereas listening to a plea filed by Aureliano Fernandes, former head of division of Goa University, troublesome an order of Bombay extreme courtroom regarding allegations of sexual harassment in the direction of him.

The extreme courtroom had dismissed his plea in the direction of an order of the Executive Council of Goa University (Disciplinary Authority) which dismissed him from suppliers and disqualification from future employment.

The excessive courtroom put apart the extreme courtroom order noting procedural lapses inside the inquiry proceedings and violation of guidelines of pure justice.