Campaign Partners: Martha Farrell Foundation and Durga India
The recent Wrestlers’ movement against sexual harassment, the increasing instances of harassment at universities and colleges across the country, and a wave of sexual harassment accounts – from over a decade-long period – shared by women working in the wildlife conservation space, all point to the lack of functional and effective redressal mechanisms for survivors of gender-based harassment and violence.
As opposed to the formal sector, the participation of women in the informal sector is disproportionately high in comparison to men. When considering factors such as caste, class, religion, sexuality, ability and age – which compound women’s vulnerability to sexual violence – women with intersecting identities are doubly socially and economically marginalized. Therefore, the need for formalised and legal avenues of redress become imperative.
In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act was passed in 2013 (PoSH Act, 2013). This act
“recognizes that sexual harassment results in the violation of a woman’s fundamental right to equality under Articles 14, 15 and 21 - which provide for equality under the law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and protection of life and personal liberty.”[1]
The Act covers both formal and informal workers, requiring the formation of Internal Committees (ICs) at institutions, and Local Committees (LCs) at the district level to address sexual harassment. The law also details how these committees should be constituted to ensure proper representation as well as objectivity and an unbiased investigation.
Shockingly, after two organizations filed RTIs in 655 districts in 2018, only 29% replied that they have formed LCs. At Least 15% districts have still not formed an LC. But, the most significant number is 56% of districts that chose not to respond to the RTI query.[2]
The unwillingness of the district officers to give any data regarding the state of LCs and ICs becomes a point of worry as it suggests a two-fold problem 1) lax or negligent behavior towards the law and 2) the endangerment of women's fundamental rights. These factors are indicative of how women and women’s safety is marginalized.
The vulnerability of women workers in the informal sector is aggravated by the gaps in awareness and implementation of PoSH provisions, such as the establishment of LCs, coupled with lack of a political will. As a result, redressal in cases of sexual harassment becomes practically inaccessible for them. Empirical data also suggests that the LCs are either non-functional or incompetent to ensure safe work spaces for women in the informal sector. Often the office-bearers themselves are unaware of their responsibilities under PoSH. Thus, the effective functioning of LCs is marred by lack of awareness, competence, and political will among authorities.
On the one hand, the negligence toward compliance with law highlights how the creation of a policy or law is not adequate unless it is effectively implemented and practiced.
On the other hand, the lack of redressal mechanisms not only make the workplace an unsafe, unhealthy, and undesirable place, but also sheds light on how women’s fundamental rights are breached in the everyday. The Supreme Court of India has repeatedly emphasised that instances of sexual harassment and violence at the workplace is a violations of a woman’s fundamental rights, including the right to equality, right to dignity and the right to practice any profession.
The lack of compliant mechanisms, thus, must be seen as endangering the realization of these rights.
This must change!
Join us in demanding MWCD to:
conduct a district-wise audit for all the LCs
take concrete actions for constituting LCs and to ensure capacity building of the LC members through workshops
ensure appointment of and capacity building of nodal officers as mandated under PoSH
Sources:
[1] PoSH Act, 2013
Campaign Partners: Martha Farrell Foundation and Durga India
The recent Wrestlers’ movement against sexual harassment, the increasing instances of harassment at universities and colleges across the country, and a wave of sexual harassment accounts – from over a decade-long period – shared by women working in the wildlife conservation space, all point to the lack of functional and effective redressal mechanisms for survivors of gender-based harassment and violence.
As opposed to the formal sector, the participation of women in the informal sector is disproportionately high in comparison to men. When considering factors such as caste, class, religion, sexuality, ability and age – which compound women’s vulnerability to sexual violence – women with intersecting identities are doubly socially and economically marginalized. Therefore, the need for formalised and legal avenues of redress become imperative.
In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act was passed in 2013 (PoSH Act, 2013). This act
“recognizes that sexual harassment results in the violation of a woman’s fundamental right to equality under Articles 14, 15 and 21 - which provide for equality under the law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and protection of life and personal liberty.”[1]
The Act covers both formal and informal workers, requiring the formation of Internal Committees (ICs) at institutions, and Local Committees (LCs) at the district level to address sexual harassment. The law also details how these committees should be constituted to ensure proper representation as well as objectivity and an unbiased investigation.
Shockingly, after two organizations filed RTIs in 655 districts in 2018, only 29% replied that they have formed LCs. At Least 15% districts have still not formed an LC. But, the most significant number is 56% of districts that chose not to respond to the RTI query.[2]
The unwillingness of the district officers to give any data regarding the state of LCs and ICs becomes a point of worry as it suggests a two-fold problem 1) lax or negligent behavior towards the law and 2) the endangerment of women's fundamental rights. These factors are indicative of how women and women’s safety is marginalized.
The vulnerability of women workers in the informal sector is aggravated by the gaps in awareness and implementation of PoSH provisions, such as the establishment of LCs, coupled with lack of a political will. As a result, redressal in cases of sexual harassment becomes practically inaccessible for them. Empirical data also suggests that the LCs are either non-functional or incompetent to ensure safe work spaces for women in the informal sector. Often the office-bearers themselves are unaware of their responsibilities under PoSH. Thus, the effective functioning of LCs is marred by lack of awareness, competence, and political will among authorities.
On the one hand, the negligence toward compliance with law highlights how the creation of a policy or law is not adequate unless it is effectively implemented and practiced.
On the other hand, the lack of redressal mechanisms not only make the workplace an unsafe, unhealthy, and undesirable place, but also sheds light on how women’s fundamental rights are breached in the everyday. The Supreme Court of India has repeatedly emphasised that instances of sexual harassment and violence at the workplace is a violations of a woman’s fundamental rights, including the right to equality, right to dignity and the right to practice any profession.
The lack of compliant mechanisms, thus, must be seen as endangering the realization of these rights.
This must change!
Join us in demanding MWCD to:
conduct a district-wise audit for all the LCs
take concrete actions for constituting LCs and to ensure capacity building of the LC members through workshops
ensure appointment of and capacity building of nodal officers as mandated under PoSH
Sources:
[1] PoSH Act, 2013