On 5th October 2024, the Internal Committee (IC) of VVM’s Shree Damodar College of Commerce & Economics organized a talk on “Sexual Harassment at Workplace – Prevention and Redressal” for the First Year students of BCA, BVoc.(ST), BBA(FS), and MCom Part-1 programmes. The session, held in Hall 2 from 12:00 noon to 1:00 pm, featured Ms. Muriel Avita Fernandes, Advocate, Accredited Mediator, Assistant Professor in Law at GR Kare College of Law, and a visiting faculty member at VVM’s Shree Damodar College.
Sameeha Siddiqui from FY BBA(FS), Division B, introduced the resource person, after which Ms. Muriel began the session. She discussed how women have historically faced a subordinate status, often receiving limited education due to a societal preference for male children. Traditionally, women were expected to focus on domestic responsibilities, but as social attitudes evolved, women began to work outside the home. However, many encountered unfavorable work environments, including discrimination and sexual harassment, forcing some to leave their jobs. Highlighting a landmark moment, Ms. Muriel referenced the Vishaka v. State of Rajasthan case, which led to a pivotal Supreme Court decision in 1997. As India is a signatory to the CEDAW convention, this judgment laid the foundation for the Prevention of Sexual Harassment (POSH) Act 2013. She emphasized the Supreme Court’s guidelines for workplace conduct and defined sexual harassment, establishing a legal standard to protect women.
Ms. Muriel elaborated on the POSH Act 2013, explaining its aim to safeguard women from workplace harassment, prevent incidents, and create a respectful environment. The Act, passed on 22nd April 2013 and enforced from 9th December 2013, covers direct harassment and related matters to maintain women’s dignity at work. She highlighted that sexual harassment breaches fundamental rights under the Indian Constitution, including Articles 14, 15, and 21, which protect equality, non-discrimination, and the right to life and dignity. This framework ensures women can work in a safe environment, free from the threat of harassment. Ms. Muriel also outlined various forms of sexual harassment, such as unwanted physical contact, sexual advances, and inappropriate verbal or non-verbal conduct, which create a hostile work atmosphere and undermine personal boundaries.
In her discussion, Ms. Muriel detailed the mechanisms established by the POSH Act to address complaints: the Internal Committee (IC) for workplaces with ten or more employees and the Local Committee (LC) at the district level for smaller organizations or those lacking an IC. She emphasized that the IC is a mandatory body for workplaces with at least ten employees, tasked with resolving complaints within 90 days and must include a Presiding Officer, a senior female employee, members committed to women’s issues, and a representative from an NGO, with at least half of the committee being women. In the absence of an IC, an LC handles grievances, particularly for small establishments or if the employer is involved. Furthermore, she mentioned that aggrieved women have a three-month window to file written complaints, with support available during the process. Before formal inquiries, non-monetary conciliation may be sought. If no resolution is reached, the IC conducts an investigation and may recommend disciplinary action or compensation. The committee’s findings are reported within ten days, and false complaints are subject to scrutiny, although failure to prove a complaint does not warrant punishment.
To conclude Ms. Muriel shared that employers are required to foster a safe workplace, outline consequences for harassment, support committees, and hold regular awareness sessions. She stated that the POSH Act aims to encourage a harassment-free work environment, acknowledging that many women hesitate to report due to potential backlash. The vote of thanks was delivered by Shivam Naik from FY BBA(FS), Div B. The talk was attended by 113 (68 male, 45 female) students from various programmes.
Expected Outcome of the Activity:
The session on “Sexual Harassment at Workplace – Prevention and Redressal” aims to raise awareness among students about workplace harassment, educate them on their rights under the POSH Act 2013, and empower them to identify and report harassment. It seeks to foster understanding of appropriate behavior, highlight legal consequences, and encourage a respectful work environment, contributing to a more informed and inclusive future workforce.
