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The Court Instructed The Centre And The State Government Regarding The Implementation Of Posh Act.

diya dhall ,
  25 October 2023       Share Bookmark

Court :
Supreme Court of India
Brief :

Citation :
Writ Petition (Civil) No. 1224 of 2017

Case title:

Initiatives for Inclusion Foundation & Anr.   V.   Union Of India & Ors.

Date of Order:

19th October, 2023

Bench:

Hon'ble Justice S. Ravindra Bhat

Hon'ble Justice Dipankar Datta

Parties:

Petitioner: Initiatives for Inclusion Foundation & Anr.  

Respondent: Union Of India & Ors.

SUBJECT:

The court held that there should be mandatory for District Officers and LCs to get training regarding their significant responsibilities and should be aware of the nature of sexual harassment, the gendered interactions that take place in the workplace, etc

IMPORTANT PROVISIONS

Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013

Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013

OVERVIEW

According to Article 32 of the Constitution, the writ-petitioner organization has come before this court in order to obtain appropriate orders directing the respondents—the Union government and each state or territory government, together referred to as the "respondent-state"—to take action to put the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013—into effect.

ISSUES RAISED

Implementing the provisions of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 read with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013

JUDGEMENT ANALYSIS

The court held that:

  • Within eight weeks, each State/UT government must provide the Union government with a comprehensive report detailing how well it has complied with the instructions below.
  • Within four weeks of the date of this judgment, the Principal Secretary of the State/UT Ministry of Women and Child who is in charge will personally see to it that a district officer is appointed in every district that falls under their territorial authority, as per Section 5.
  • It should be mandatory for District Officers and LCs to get training regarding their significant responsibilities. They must first be made aware of the nature of sexual harassment, the gendered interactions that take place in the workplace, etc., given their place in the redressal structure envisioned in the Act.
  • This Act directs the State/UT Governments and the Union Government to outline the financial resources allotted and/or required for the creation of educational, communication, and training materials to raise public awareness of the Act's provisions, as well as to develop orientation and training programs.

CONCLUSION

One instance of gender-based violence is the sexual harassment of women in the workplace. It undermines their human and constitutional rights in addition to their sense of worth, dignity, and respect for themselves. Although it is not a new problem, the rapidly evolving nature of the job has undoubtedly made sexual harassment in the workplace more visible. The Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) is the Indian law pertaining to this. Women are shielded from sexual harassment at work by the Act. In addition, it offers procedures for handling and avoiding sexual harassment claims.

 
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