Context:
Supreme Court has heard a PIL regarding applicability of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) in political parties.
POSH Act 2013:
- Origin: Stemming from the 1997 Supreme Court judgment in Vishakha and Others v. State of Rajasthan.
- Purpose: Enacted by the Government of India to address sexual harassment in workplaces and ensure a safe environment for women.
- Foundation: Based on constitutional principles (e.g., Article 15) and international conventions like Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), ratified by India in 1993.
- Definition of Sexual Harassment – Includes unwelcome physical contact, sexual advances, requests for sexual favors, sexually colored remarks, showing pornography, and other unwelcome conduct of a sexual nature.
- Definition of Workplace –
- Section 3(1): States that no woman shall be subjected to sexual harassment at any workplace.
- Includes public sector organizations, private sector organizations, and locations visited by employees during employment.
Key Provisions of the Act:
- Prevention and Prohibition: Legal obligation on employers to prevent and prohibit sexual harassment.
- Internal Complaints Committee (ICC): Required at each workplace with 10 or more employees to address complaints.
- Powers: ICCs have the powers of civil courts for gathering evidence.
- Appeals against it can be filed in the industrial tribunal or labor court.
- Local Committee (LC): Constituted by the District Officer in organizations with less than 10 employees or lacking an ICC.
- Procedure: Lays down a process for filing complaints, conducting inquiries, and ensuring fair opportunities for all parties involved.
- Non-Compliance: Can result in penalties, including fines and cancellation of business licenses.
Justice Verma Committee:
- Constituted in response to the2012 Delhi gang rape case to review laws relating to sexual violence against women.
- Key recommendations –
- Inclusion of Domestic Workers: Recommended their coverage under the POSH Act.
- Employer Compensation: Suggested employers be liable to compensate women who suffer sexual harassment.
- Employment Tribunal: Proposed setting up an Employment Tribunal for more impartial adjudication of complaints.
Source: IE
Previous Year Question
Consider the following statements regarding ‘Nari Shakti Vandan Adhiniyam’:
1. Provisions will come into effect from the 18th Lok Sabha.
2. This will be in force for 15 years after becoming an Act.
3. There are provisions for the reservation of seats for Scheduled Castes Women within the quota reserved for the Scheduled Castes.
Which of the statements given above are correct?
[UPSC Civil Service Exam – 2024 Prelims]
(a) 1, 2 and 3
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1 and 3 only
Answer: (c)
Explanation:
Statement 1 is incorrect: The reservation will be effective after the delimitation exercise that’ll be conducted hereafter.