Why in News: A student’s tragic suicide in Odisha after ignored harassment complaints has spotlighted the rise in crimes against women, even in schools and workplaces, and exposed lapses in redressal systems like Internal Complaints Committees.
Key Incidents Highlighting the Crisis
1. Odisha: Balasore B.Ed Student’s Suicide Attempt
- A 20-year-old student immolated herself after her complaints of sexual harassment by a senior teacher went unheard.
2. West Bengal: Repeated Campus Crimes
- A year after the murder of a post-graduate student, a law college student was gang-raped on campus in June 2024.
3. Karnataka (Mangaluru): Sexual Violence by Lecturers
- Two college lecturers arrested for allegedly raping a student.
4. Delhi: Rape and Murder of a 9-Year-Old Girl
- The incident triggered political outrage over the breakdown of law and order.
Status of Sexual Harassment of Women at Workplace in India
1. NCRB Data
- Over 400 cases of workplace sexual harassment reported annually from 2018 to 2022
2. Prevalence
- A 2018 Martha Farrell Foundation survey found:
- 80% of Indian women have faced workplace harassment.
- 38% experienced it in the past year alone.
3. Rising Complaints (PoSH Act)
- Complaints rose from 161 (2013–14) to 1,160 (2022–23)
- Source: Centre for Economic Data and Analysis
Failure of Institutions
- The Odisha case especially underscores the failure of Internal Complaint Committees (ICCs) under the Sexual Harassment of Women at Workplace Act, 2013.
Existing Initiatives to Address Sexual Harassment at Workplace
1. The POSH Act, 2013 (Sexual Harassment of Women at Workplace Act)
- Objective: Ensures a safe, secure, and harassment-free work environment for women.
- Scope: Covers all women, whether employed or visiting a workplace, across public and private sectors.
Key Provisions:
- Definition: Broadly defines sexual harassment to include unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
- Internal Complaints Committee (ICC): Mandatory in organizations with ≥10 employees to handle complaints.
- Local Complaints Committee (LCC): Set up at the district level for smaller organizations or if ICC is unavailable.
- Complaint Mechanism: Confidential, time-bound grievance redressal process ensuring fair treatment.
- Penalties for Non-Compliance: Fine up to ₹50,000 for not constituting ICC. Repeated violations may lead to higher fines and cancellation of business licenses.
2. Criminal Provisions under Bharatiya Nyaya Sanhita (BNS)
Quid Pro Quo Harassment:
- Criminalizes coercive acts involving false promises of employment or marriage for sexual favors.
- Such cases may be treated as serious offenses akin to rape, ensuring stronger legal action.
Reasons for Sexual Harassment of Women at Workplace in India :
1. Power Imbalances & Gender Inequality
- Male-dominated workplaces often lead to exploitation due to hierarchical power structures.
- Women may feel compelled to tolerate harassment to retain employment.
2. Lack of Awareness & TrainingMany organizations do not conduct sensitization or POSH training.
- Limited knowledge about legal protections hinders prevention and redressal.
3. Poor Implementation of Laws
- Non-compliance with the POSH Act is widespread, especially in informal sectors.
- Example: A 2024 Udaiti Foundation survey found 59% of organizations lacked ICCs.
4. Weak Internal Complaints Committees
(ICCs)
- ICCs often suffer from bias, lack of confidentiality, or external pressure, reducing their effectiveness.
5. Fear of Retaliation
- Victims fear job loss, career setbacks, or social backlash.
6. Cultural & Social Norms
- Societal attitudes often trivialize harassment, discouraging women from reporting.
- Stigma and gender discrimination reinforce silence and tolerance.
7. Lack of Safety Infrastructure
- Absence of basic facilities (e.g., toilets, changing rooms) in informal/outdoor workplaces increases vulnerability to harassment.
Implications of Sexual Harassment of Women at Workplace
1. Individual Impact
- Psychological & Physical Health: Victims may suffer from anxiety, depression, sleep disorders, and weakened immunity.
- Career Disruption: Leads to low job satisfaction and stalled career growth.
- Example: 2019 McKinsey report — 35% of Indian women considered leaving or pausing their careers due to harassment.
2. Organizational Impact
- Reduced Productivity: Toxic work environments lead to absenteeism, low morale, and decreased efficiency.
- Example: World Bank estimates a $6–10 billion annual loss to India’s economy.
- Legal & Financial Risks: Ignoring complaints can result in lawsuits and compensation payouts.
- Example: One case awarded $17.4 million in damages.
3. Societal Impact
- Reinforces unsafe norms for women, eroding their dignity and hindering gender equality and empowerment.
Way Forward
1. Implement Justice Hema Committee Recommendations (Film Industry)
- Independent Tribunal: Enact “Kerala Cine Employers and Employees (Regulation) Act, 2020” to establish a tribunal headed by a retired woman judge.
- Written Contracts: Mandate contracts for all employees, ensuring safety provisions for women.
- Gender Training: Make online gender-awareness training compulsory in Malayalam and English.
- Promote Gender-Just Films: Provide incentives and loans for women-led, gender-sensitive cinema.
- Ban Substance Use: Prohibit alcohol and drugs on film sets.
- Tackle Cyber Harassment: Address online abuse, especially from fan clubs.
- Comprehensive Policy: Formulate a film policy with gender equity in production, distribution, and exhibition.
2. Strengthen Protections in Organised and Other Sectors
- POSH Implementation: Ensure ICCs are functional and independent (e.g., HDFC Bank, Accenture).
- Robust Internal Policies: Clearly outline prohibited conduct, procedures, and consequences (e.g., IBM, Flipkart’s anonymous reporting).
- Fair Investigations: Train ICCs for impartial, confidential, and speedy resolutions.
- Inclusive Workplace Culture: Encourage dialogue and promote gender equality.
- Victim Support: Provide counseling and psychological aid.
- Monitoring & Feedback: Conduct regular audits and improve based on feedback.
- Self-Defence Training: Equip women with self-defence skills, starting from schools.
3. Implement Justice Verma Committee Recommendations
- Include Domestic Workers: Bring them under PoSH Act protections.
- Employment Tribunal: Create a dedicated tribunal to handle cases instead of relying solely on ICCs.
- Flexible Complaint Timeline: Remove the three-month limit for filing complaints.
UPSC Relevance
GS Paper 1 – Society: Gender inequality, women’s issues, and vulnerable sections. Social empowerment and challenges to dignity and safety.
GS Paper 2 – Governance & Polity: Role of institutions (Internal Complaints Committees, LCCs). Implementation of laws (PoSH Act, 2013). Government initiatives and policy failure in addressing sexual harassment.
Practice Mains Question
Q. Despite the enactment of the PoSH Act, 2013, incidents of workplace harassment against women continue to rise. Critically examine the systemic challenges in implementation and suggest reforms to make workplaces safer and more inclusive.(250 words)