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

By PTI

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

The prime court docket docket talked about it is disquieting to note that there are vital 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 the entire state functionaries, public authorities, and private undertakings.

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

The apex court docket docket talked about an improperly constituted ICC/LC/IC, could possibly 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 rules.

“It will be equally counterproductive to have an ill-prepared committee conduct a half-baked inquiry that can lead to serious consequences, namely, imposition of major penalties on the delinquent employee, to the point 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 talked about.

The prime court docket docket moreover well-known that this “glaring lacuna” has been simply these days dropped on the fore by a nationwide day-to-day newspaper that has carried out and printed a survey of 30 nationwide sports activities actions federations inside the nation and reported that 16 out of them have not constituted an ICC to date.

“Where the ICC have been found to be in place, they do not have the stipulated number of members or lack the mandatory external member. This is indeed a sorry state of affairs and reflects poorly on all the State functionaries, public authorities, private undertakings, organizations and institutions that are duty bound to implement the PoSH Act in letter and spirit,” it talked about.

The apex court docket docket talked about being a sufferer of such a deplorable act not solely dents the self-esteem of a lady, however moreover takes a toll on her emotional, psychological, and bodily properly 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 of their jobs. One of the reasons for this reluctance to report is that there is 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 talked about.

The prime court docket docket talked about the victims should be made aware of how a criticism might be registered, the method that may be adopted to course of the criticism, and the goal technique by which the ICC/LC/IC is predicted 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 talked about.

The prime court docket docket talked about if the “authorities/managements/employers” cannot assure them a protected and protected workplace, they might fear stepping out of their homes to make a dignified residing and exploit their experience and talents 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 talked about.

The prime court docket docket’s comment received right here whereas listening to a plea filed by Aureliano Fernandes, former head of the division of Goa University, tough an order of the Bombay extreme court docket docket regarding allegations of sexual harassment in direction of him.

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

The prime court docket docket put apart the extreme court docket docket order noting procedural lapses inside the inquiry proceedings and violation of guidelines of pure justice.

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

The prime court docket docket talked about it is disquieting to note that there are vital 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 the entire state functionaries, public authorities, and private undertakings.

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

The apex court docket docket talked about an improperly constituted ICC/LC/IC, could possibly 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 rules.

“It will be equally counterproductive to have an ill-prepared committee conduct a half-baked inquiry that can lead to serious consequences, namely, imposition of major penalties on the delinquent employee, to the point 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 talked about.

The prime court docket docket moreover well-known that this “glaring lacuna” has been simply these days dropped on the fore by a nationwide day-to-day newspaper that has carried out and printed a survey of 30 nationwide sports activities actions federations inside the nation and reported that 16 out of them have not constituted an ICC to date.

“Where the ICC have been found to be in place, they do not have the stipulated number of members or lack the mandatory external member. This is indeed a sorry state of affairs and reflects poorly on all the State functionaries, public authorities, private undertakings, organizations and institutions that are duty bound to implement the PoSH Act in letter and spirit,” it talked about.

The apex court docket docket talked about being a sufferer of such a deplorable act not solely dents the self-esteem of a lady, however moreover takes a toll on her emotional, psychological, and bodily properly 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 of their jobs. One of the reasons for this reluctance to report is that there is 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 talked about.

The prime court docket docket talked about the victims should be made aware of how a criticism might be registered, the method that may be adopted to course of the criticism, and the goal technique by which the ICC/LC/IC is predicted 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 talked about.

The prime court docket docket talked about if the “authorities/managements/employers” cannot assure them a protected and protected workplace, they might fear stepping out of their homes to make a dignified residing and exploit their experience and talents 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 talked about.

The prime court docket docket’s comment received right here whereas listening to a plea filed by Aureliano Fernandes, former head of the division of Goa University, tough an order of the Bombay extreme court docket docket regarding allegations of sexual harassment in direction of him.

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

The prime court docket docket put apart the extreme court docket docket order noting procedural lapses inside the inquiry proceedings and violation of guidelines of pure justice.