Companies Pay Lip Service to POSH Act Redressal Options on Workplace Harassment

Hyderabad: Companies are required to set up an internal complaints committee (ICC) under the Prevention of Sexual Harassment Act (POSH) at the workplace, but are they making women truly aware of their rights? Experts say more needs to be done in the formal sector, while workers in the informal sector have no idea about any such grievance redressal mechanism.

The Act came into existence after the Vishaka case (1997), that involved a brutal gang rape of a social worker fighting against child marriage. “The POSH Act mandates every workplace with 10 or more employees to establish an Internal Complaints Committee (ICC) to address complaints, conduct inquiries within 90 days, and recommend appropriate action. The ICC should consist of a minimum of four members, including a presiding officer, two employees and one external member from an NGO or legal background, where women should be not less than 50 per cent in the committee,” said Aditya Kashyap, a Supreme Court advocate.

According to a study, ‘A Decade of Prevention of Sexual Harassment Act (POSH) in the Workplace: Challenges and Way Forward’ conducted in November 2023, 40 per cent of employees were confident about women safety, while 53 per cent of the workers surveyed and many of those in the management were not aware of the law.

Women employees in the IT sector say that the companies conduct annual POSH training sessions, but many feel these sessions lack depth. Bhavna M.S.C, an IT employee, said that she learnt about ICCs through workplace training.

“Any issue of harassment can be reported through emails. However, apart from conducting annual sessions, the companies should openly discuss the POSH Act and provide in-person training with lawyers to create awareness among the women,” she stated.

Another IT employee, who chose to remain anonymous, said that while experienced employees may be familiar with ICC procedures, new joinees need more guidance on how to approach the committee.

Jahnavi, a BPO employee, said that she was unaware of ICC. "I don't know if there is a committee for us to report harassment in our company. Although I never faced harassment in my office, I did have a situation with a coworker. I complained to my team leader, and together we informed my manager. The manager said she'll look into it. Everything was verbal so I never formally complained in writing," she said.

Experts stressed that for the POSH Act to be implemented effectively, companies must go beyond just compliance.

Simran, founder of Kushali Mental Health Foundation, and a former ICC member, claimed that conducting periodic training sessions won’t be enough. “If POSH training is treated merely as a policy requirement, it won’t be effective. Companies should often engage in conversation with allies, hold safe spaces and emphasise what’s POSH,” she said.

“In the formal sectors, POSH training sessions will be conducted by the human resource team, who themselves might not be an expert in dealing with the POSH Act. If some experts provide guidance instead of the HR teams, employees will have a clearer understanding of their rights and how to report harassment,” said Gayatri Misra, an advocate and a POSH expert at Bal Uday trust.

For many women, the effectiveness of ICC depends on how approachable its members are. “If the employees feel that the ICC members are accessible and sensitive, they will report issues. Otherwise, they may remain silent. So the ICC members must build trust and assure that they will handle cases with confidentiality and sensitivity,” said Nayonika Roy, director of communication at Voice For Girls.

The fear of losing their jobs prevents many women from coming forward. “ICC members must build trust with their employees showing that they’re approachable,” said Nandita Pradhan Bhatt, director of Martha Farrell Foundation.

While a lot more awareness is needed in the formal sector, it is almost nonexistent in the informal sector, where women workers, including domestic workers, hawkers and sanitation workers, among others, don’t know where to report harassment.

Nandita, who often works closely with both formal and informal sectors, said, “Many women in the informal sectors don’t even know about the Local Complaints Committee (LCC) at the district level. Even when they do, they are unaware of the location or when it functions. So, there are a lot of gaps that need to be addressed.”

Experts have also noted that some companies form ICCs, only when a harassment case is reported. Furthermore, the lawyers have noted that not all small companies would have ICCs and this could be mainly due to resource constraints and lack of guidance.

For women who do not have access to an ICC, legal experts have suggested other alternative options such as local complaints committee (LCC) at the district level, or SHE-Box Portal, or the National Commission for Women (NCW) or State Women’s Commissions or file a complaint directly at the police station.