Strict compliance of PoSH Act will ensure safe environment for women in work places, says Chandigarh advocate Ajay Jagga

Chandigarh, June 8

Ajay Jagga, Advocate has written to Banwari Lal Purohit, Administrator, UT Chandigarh urging him to ensure strict compliance of the law i.e. PoSH Act, to ensure safe environment for women in work places. He said Strict compliance of PoSH Act will ensure safe environment for women in work places.

He wrote that The Prime Minister of India, on Aug 15, 2021, said that the women of our country must feel safe and respected from street to workplace and for ensuring this the Admin, Police, Judicial System along with every citizen, need to fulfil their responsibility. According, the present representation being submitted regarding the PoSH Act. 

Jagga said that “The Union Labour Minister Bhupendra Yadav, also recently, told in Lok Sabha that all organisations which have more than 10 employees must set up internal committees to review complaints of harassment.”

“ The  Ministry further clarified that all the States/UT to set panels under the POSH Act “provide a safe and secure environment to women workers, irrespective of their work level”, he added.

He added, further, in responding to a query, the Minister said that state governments are also required to set up local committees in each district to receive complaints from those working at organisations with less than 10 employees.

He said In view of the violations under the PoSH Act, the strict compliance of the following three things, will probably help in ensuring no violations (as mandated under the Act and Rules) i.e.

i)            All work places including any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service, are supposed to constitute Internal Complaints Committee.

ii)           The Internal Committee or the Local Committee, of all the work places whether Government of Private, as the case may be, shall in each calendar year prepare an annual report and submit the same to the employer and the District Officer and then District Officer to forward the same after examination to the State/UT. Section 21 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition And Redressal) Act and Rules, 2013 (“Law”) mandates submission of Annual Report.

iii)         An audit under POSH Act may  be conducted to verify whether all work places have constituted internal complaints committee and whether all ICCs have submitted their annual reports. And whether enough awareness has been spread regarding this mechanism of ICC. 

Once the above system is in place, the message regarding strict compliance of law on sexual harassment will be spread and will check the growing number of such harassment and will also ensure safe working environment for women, Jagga said.