Why in news
The Hema Committee report, released on August 19, 2024, presents a damning indictment of the pervasive and systemic sexual harassment afflicting female professionals within the Malayalam film industry
Gender Inequality in Indian Society
Societal expectations and stereotypes enforce restrictive roles on women, undermining their autonomy and equality.
High rates of rape and workplace harassment highlight systemic gender bias and the objectification of women.
The Malayalam film industry report reveals sexual exploitation and lack of basic facilities for women, reflecting broader gender inequality issues
Women are often blamed or judged for sexual assaults, which compounds their trauma and discourages reporting
Challenges in Reporting Sexual Assault
Survivors worry about job loss, social ostracism, or retaliation from perpetrators, which deters them from reporting.
Negative societal attitudes and victim-blaming contribute to reluctance in pursuing complaints.
The slow judicial process and procedural hurdles in sexual assault cases discourage survivors from seeking justice
Concerns about the exposure of their identity and details of the assault can prevent survivors from coming forward.
Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - PoSH Act
The POSH Act is enacted to address the issue of sexual harassment faced by women in the workplace.
The Act aims to create a safe and conducive work environment for women and provide protection against sexual harassment.
The Supreme Court in a landmark judgment in the Vishakha and others v State of Rajasthan 1997 case gave ‘Vishakha guidelines’, which formed the basis for the Act
The PoSH Act defines sexual harassment to include
unwelcome acts such as physical contact and sexual advances,
a demand or request for sexual favours,
making sexually coloured remarks,
showing pornography,
any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
Key Provisions
The Act places a legal obligation on employers to prevent and prohibit sexual harassment in the workplace.
Internal Complaints Committee (ICC): Employers are required to constitute an ICC at each workplace with 10 or more employees to receive and address complaints of sexual harassment.
The Complaints Committees have the powers of civil courts for gathering evidence.
Employers must undertake awareness programs, provide a safe working environment, and display information about the POSH Act at the workplace
The Act lays down a procedure for filing complaints, conducting inquiries, and providing a fair opportunity to the parties involved.
Non-compliance with the Act's provisions can result in penalties, including fines and cancellation of business licenses.
Way Forward
Strengthen the implementation of the ICC and explore alternative redressal mechanisms to ensure fairness and accountability.
Enhance support systems for survivors, including legal aid and psychological support, and address societal attitudes to foster a more supportive environment.
Take proactive steps based on reports like the Hema Committee's to drive structural reforms and improve working conditions and safety for women in various sectors.
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