A recent case in Chandigarh, where a college professor was dismissed after an Internal Complaints Committee (ICC) inquiry under the POSH Act, highlighted both the law’s effectiveness and its persistent weaknesses.
Background
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was introduced to create safe workplaces for women.
- While it has led to important decisions like the Chandigarh case, the overall conviction rate is very low, and many survivors face procedural hurdles.
- Power imbalance in educational institutions makes young students especially vulnerable.
No Recognition of “Informed Consent”
- The Act speaks of consent but does not distinguish consent given freely from consent obtained through manipulation or incomplete information.
- In academic and work settings, relationships may appear voluntary at first but later reveal hidden pressure or deceit.
- Such situations leave women feeling exploited, but the law does not cover this emotional and psychological manipulation.
Emotional and Psychological Abuse Overlooked
- Many perpetrators use subtle coercion, emotional pressure, or deception that does not leave visible evidence.
- The Act focuses mostly on explicit behaviour, ignoring mental harassment, which is common in modern workplaces.
Procedural Weaknesses
- Short Complaint Window: Survivors must file a complaint within three months, which is too restrictive.
- Soft Terminology: Calling the accused a “respondent” reduces the seriousness of the misconduct. Similar acts outside the workplace would be treated as criminal offences.
- Burden of Evidence: Vague definitions shift the responsibility onto the woman to “prove” harassment. Harassment usually occurs as a pattern, not a single act, yet ICCs often wait for direct evidence.
Structural Limitations
- Academic spaces involve visiting faculty, conferences, and collaborations.
- The POSH Act does not explain how to handle complaints that involve different institutions, allowing repeat offenders to escape scrutiny.
- The law allows action against complainants for “malicious” complaints.
- Though intended as a safeguard, this clause often discourages genuine survivors.
Challenges with Digital Evidence
- Harassment today occurs through disappearing messages, temporary images, and encrypted chats.
- ICC members usually lack the legal and technical skills to analyse such evidence.
- The Act does not include clear rules for handling digital forms of abuse.
Way Forward
- Update the law to include:
- Clearer definitions of consent, including informed and free consent.
- Recognition of psychological, emotional, and digital harassment.
- Longer time limits for filing complaints.
- Stronger investigation processes using behavioural evidence and digital protocols.
- Better training for ICC members and unified procedures for inter-institutional cases.
Conclusion
The POSH Act was a milestone when enacted, but its gaps now weaken its ability to protect women effectively. Strengthening the law with clearer definitions, longer timelines, and better mechanisms is essential to ensure genuine and consistent justice.
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