INTRODUCTION
Sexual Harassment in India has become a dessert topping on the main course of dinner in recent years. According to the latest Report of Periodic Labour Force Survey (PLFS) released by the Ministry of Statistics and Programme Implementation in 2022, the female force participation rate (LPRF) in India is 37%.[1] However, when analyzed it would come to notice that this influx of women’s employment in recent years majorly comes from the increase in employment of women in rural areas. The urban employment rate of women is at its all-time low with only 23.8% currently employed.[2] The irony is that even after finding a job, keeping in mind the above facts, they still suffer under the umbrella of sexual harassment in their workplace. The Indian Government maintains no proper data regarding the Sexual Harassment of women in the workplace even after repeated landmark rulings of the Apex Court in this regard. However, according to a cross-sectional study in coastal South India, approximately 28.8% of working women interviewed (out of 160 participants) reported experiencing harassment at their workplace.[3] The majority (47.8%) of the respondents were harassed within one year of joining their employment. To prevent such type of harassment of women in India the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act popularly known as the POSH Act was brought into the picture in 2013.[4] Since then, the act has been governing sexual harassment in the workplace in India and no major amendments have been made to the act the recent incidents are better proof of how the act has failed in its mandate and needs proper amendments due to lack of efficiency and adherence with recent trends.
CASE STUDY: R.G KAR MEDICAL COLLEGE
The recent incident of the brutal rape and murder of a trainee doctor at the government organization named “R.G Kar Medical College” is a perfect example of how an outdated and ineffective law can lead to dangerous incidents. This incident brings to light how employed women are working in an unwholesome and unprotected environment in their workplace. According to the National Crime Records Bureau’s (NCRB) cited data, nearly 400 cases were reported yearly from 2018 through 2022. No data has been collected from 2022 onwards by NCRB.[5] This data makes me wonder how can so less cases of Sexual Harassment in the workplace be reported in a country where approximately 85 rape cases are reported daily.[6] But compared to rapes, harassment cases being low-key and often proofless are taken lightly by the government. Thus, many cases are left unseen and unreported, the consequences of which are severe.
The POSH Act[7] mandated the formation of an Internal Complaints Committee (ICC) in every organization, private unaided, or government, which has more than 10 workers.[8] R.G Medical College also had such a committee, but the committee had no power or control over the working and management of the university, thus proving to be ineffective. The committees framed under the POSH Act hold no power to help the victim leading to an awkward situation where both the accused and the victim must continue to work in resonance with each other until the issue is resolved. According to the protocol followed by the POSH Act, for the sake of transparency and neutrality, neither the principal nor the Medical Superintendent, or the Vice Principal should be part of the ICC. However, the ICC of R.G Kar Medical College had the names of the principal, his wife, and the Vice Principal in its list of 14 members.[9] On a different aspect, there was no adherence to the safety protocols mandatory to be followed by every institution for the safety and protection of women.[10] It was only after the occurrence of the ghastly incident that the college authorities held a Special Council Meeting and expelled many junior and senior doctors, hospital and in-house staff, and many other workers against whom complaints had been filed for harassment, ragging, fraud, etc. Names of people allegedly involved in such incidents have also been transferred to the ICC of the college.[11]
LIMITATIONS OF THE POSH ACT AND SUGGESTIONS
The POSH Act is the only law guaranteeing the protection of women in the workplace, any LOOPHOLE or mistake in the law can prove to be detrimental to every working woman in India. Some of the limitations and the steps for improvement are – Firstly, Section 2(o) of the act, defines the term “Workplace” as where the act of sexual harassment has occurred.[12] Workplace here cites all government and private organizations and institutions, hospitals, sports, and even homes for domestic workers. However, this broad definition has led to confusion concerning implementation in certain new forms of employment like freelance workers and work-from-home scenarios. Thus, the definition of “Workplace” should be updated to include new forms of employment and ensure that this list is updated regularly.
Secondly, the inadequacy and inefficiency of ICC can be seen in the case of R.G Kar Medical College Case. The ICC needs 10 or more members to investigate complaints of sexual harassment. However, many establishments either fail to follow proper procedures or don’t form a committee at all. Moreover, the members of the ICC are often people who have no previous experience nor have they received any proper training in investigations before getting admitted to the committee.[13] Such drawbacks can lead to inadequate direction and investigation of the case and can add to the victim’s demise. A proper body overlooking these procedures and outlines should be constituted so that no organization is overlooking these procedures.
The third and the most major issue till now is the absence of criminal liabilities. The POSH Act is majorly focused on civil liabilities. ICC can only lead to punishments such as getting a written apology from the accused, transfer of the accused, a fine up to Rs. 50,000, or in some cases termination or dismissal. There is no mention of the word ‘Crime’ in the whole act. The POSH Act does not include a single provision from the BNS (previously IPC). Consequently, the lack of proper punishment often prevents the victims from pursuing complaints through this process and often encourages the accused to commit more such heinous acts since they are worry-free from any major action against them.[14]
CONCLUSION
In conclusion, to make sure that another shameless incident such as R.G Kar’s case does not occur proper rules and precautions must be implemented with much-needed seriousness. Any such incident reported must be investigated by proper authorities immediately with proper punishments given to the accused. Moreover, unlike in this situation where the photos and information of the victim were circulated throughout social media after her demise should not occur ever again.[15] Confidentiality concerning the victim’s name, appearance, address, family, or any other personal info should be tightly secluded and accessible to only authorized individuals. This act should be treated as a piece of machinery that needs modifications and oil to make it more efficient for the ones who require its effective and stable efficiency so that it could contribute as much as possible to the betterment of women in India.
Author(s) Name: Ravi Shanker Bhatt (Assam University)
References:
[1] ‘Nari Shakti Surges Ahead’ (PIB, 13 October 2023) <https://pib.gov.in/PressReleasePage.aspx?PRID=1967291> accessed 10 January 2025
[2] ‘Female Labour Utilization in India’ (Directorate General of Employment, April 2023) <https://dge.gov.in/dge/sites/default/files/2023-05/Female_Labour_Utilization_in_India_April_2023_final__1_-pages-1-2-merged__1_.pdf> accessed 10 January 2025
[3] B Unnikrishnan et al., ‘Harassment among Women at Workplace; A Cross-Sectional Study in Coastal South India’ (2010) 35(2) (Indian Journal of Community Medicine <https://pmc.ncbi.nlm.nih.gov/articles/PMC2940202/> accessed 10 January 2025
[4] Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013
[5] Abhyjith K. Ashokan, ‘India reported over 400 sexual harassment at work cases every year from 2018 to 2022: Report’ Hindustan Times (15 August 2024) <https://www.hindustantimes.com/business/india-reported-over-400-sexual-harassment-at-work-cases-every-year-from-2018-to-2022-report-101723706329228.html> accessed 15 January 2025
[6] Sachi Satapathy, ‘Checking India’s Rape Epidemic’ Deccan Herald (10 September 2024) <https://www.deccanherald.com/opinion/checking-indias-rape-epidemic-3183431> accessed 15 January 2025
[7] The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013
[8] Ibid
[9] ‘RG Kar case: Sandip Ghosh unethically included himself in complaints panel’ Newsroom Odisha (18 September 2024) <https://newsroomodisha.com/rg-kar-case-sandip-ghosh-unethically-included-himself-in-complaints-panel/> accessed 15 January 2025
[10] Gaurav Sharma, ‘RG Kar horror a clarion call for stricter enforcement of POSH law at workplace? Advocates, PG doctors share thought’ Hindustan Times (22 August 2024) <https://www.hindustantimes.com/education/features/rg-kar-horror-a-clarion-call-for-stricter-enforcement-of-posh-law-at-workplace-advocates-pg-doctors-share-thoughts-101724141608044.html accessed 15 January 2025
[11] Ritvik Bhattacharya, ‘Sexual misconduct, threat culture, forceful collection of money’: Doctors, interns, and students expelled from R G Kar Medical College’ Indian Express (07 October 2024) <https://indianexpress.com/article/cities/kolkata/kolkata-rg-kar-medical-colleges-doctors-students-expelled-harassment-threats-9606078/> accessed 15 January 2025
[12] Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, s 2(o)
[13] Ibid
[14] Ibid
[15] Aditi Agrawal, ‘Remove name, photos of RG Kar rape-murder victim, MeitY tells social media’ Hindustan Times (21 August 2024) <https://www.hindustantimes.com/india-news/remove-name-photos-of-rg-kar-rape-murder-victim-meity-tells-social-media-101724254096932.html > accessed 15 January 2025
