Scrutinise draft rules for PoSH Act and publish them, HC tells State

The court observes that under the PoSH Act, the employer has a responsibility of not only providing a safe working environment but also organising workshops and awareness programmes to sensitise the employees

Taking into account that the State has not yet framed rules for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act — generally known as PoSH Act — the Madurai Bench of the Madras High Court has directed the State Commission for Women to submit a copy of the draft rules to the government, which shall scrutinise the rules and approve them, after necessary changes.

Justice R.N. Manjula observed that under the PoSH Act, the employer had a responsibility of not only providing a safe working environment but also organising workshops and awareness programmes to sensitise the employees and imparting orientation programmes for the members of the Internal Committee.

Women had to balance career and family; career and health; career and personal choices. Working women try to balance all these challenges with utmost agility. However, everything came to a standstill and her dreams got shattered, if she suffered sexual harassment at work place, the court said.

The State had promptly amended its conduct and disciplinary rules, but had not framed its rules for the PoSH Act. All women welfare projects were entrusted with the Social Welfare and Women Empowerment Department, which was also inclusive of child welfare.

It could be difficult for the department, which was saddled with many other functions, to check whether all departments implemented the Act. An exclusive department to care about women development could be better served in the area of women empowerment, the court observed.

The court issued a slew of directions in a 140-page common order it passed while hearing cases of sexual harassment at workplace. It directed the State to create an official website with reference numbers of Complaints Committees and upload the details on the website, to create a dashboard to provide information about the committees, details of the members, number of complaints received and resolved, number of reports submitted by the Internal Committee and details of the action taken.

The court also directed the State to file a report on whether sufficient funds were being spent for these functions under Section 24 of the Act and in case of paucity of funds, about the steps taken to generate funds.

Further, the court directed the State to file a report on whether gender budget allocations were made every financial year and whether they were properly utilised.

The State Commission for Women could check the ground realities by making visits to educational institutions, hospitals, etc., and file its report to the government. The court asked the government to form a State-level Technical Committee including professionally qualified persons.

The government, the State Commission for Women and the National Commission for Women were directed to offer suggestions on gender sensitisation and awareness.

The court posted the matter after four weeks to get compliance report.

Published - November 22, 2024 09:57 pm IST