Adv Fathima
The Sexual Harassment of Women at Workplace Act, 2013, or POSH Act, is a significant Indian law on sexual harassment at work. The Act is applicable in all India, yet its implementation can vary in every state depending on variations in social and economic conditions, culture, and local initiative. The article explains how the POSH Act is enforced and implemented in Kerala, a state with a high literacy rate, favourable social indicators, and unique work patterns.
Context of Kerala Economy and POSH Act
Kerala provides a special context for the implementation of the POSH Act due to a number of reasons:
1. High Female Workforce Participation: Kerala boasts one of the highest female literacy levels in India (97.9%) and high female involvement in most sectors, especially healthcare, education, textiles, and information technology.
- Strong Labor Rights History: The state has a strong labour rights history and labour rights consciousness, which augments debates on workplace rights.
- Decentralized Governance: Kerala’s robust panchayat system and decentralized administration can aid in more efficient local checking and compliance with POSH regulations. How Things Work in Kerala
The Kerala Government has initiated some measures to implement the POSH Act in a proper way.
- Kerala Women’s Commission Initiatives: Kerala Women’s Commission has been attempting to sensitize people regarding the POSH Act by holding helplines, training, and workshops.
- Kudumbashree Integration: Kudumbashree is a chain of women’s self-help groups working in Kerala. It has integrated POSH awareness into its schemes and has reached women from all economic strata.
- IT and Special Economic Zones (SEZ) Priority: IT parks at Thiruvananthapuram, Kochi, and Kozhikode have been established. Special units for POSH have been established to deal with issues in these sectors.
- Gender Park: Kerala’s Gender Park located in Kozhikode is a pioneering effort that deals with gender policies and has the implementation of POSH in its agenda.
Kerala High Court Cases on Sexual Harassment
The Kerala High Court has made key rulings which have increased the understanding and application of sexual harassment legislation within the state.
- Sajeesh Babu v. State of Kerala (2019)
It greatly increased what is defined as sexual harassment in the workplace beyond the usual office setting. The Kerala High Court ruled sexual harassment could happen wherever an employee goes for work, even in transport provided by the employer.
Key Holding: Highlighting that the term “workplace” in the POSH Act must be interpreted in a wide sense and encompass all the spaces where work is carried out.
- Dr. P. Krishnan vs. Mahatma Gandhi University and Others (2018)
There was a sexual harassment complaint against a university professor. The Kerala High Court made clear important details of how Internal Complaints Committees (ICCs) should be formed and how they should operate.
Key Holding: The Court held that an ICC has to be entirely independent and conduct its work entirely in secret. It also stated that immediate action has to be taken to safeguard the complainant during the investigation period.
- Riya Susan Thomas v. State of Kerala (2021)
This historic case was concerned with the question of retaliating against complainants. The petitioner claimed she was subjected to retaliatory acts when she complained of sexual harassment.
Key Holding: The Court strongly criticized such acts against complainants and reaffirmed that protection against retaliation is a necessary part of the POSH system. It ordered employers to establish strong anti-retaliation policies.
- Anita Suresh v. Union of India and Others (2020)
The case was related to the grievances of women who performed casual labour. The female domestic worker filed a complaint against sexual harassment by her employer before a court.
Key Holding: The Court emphasized the significance of Local Complaints Committees (LCCs) dealing with cases from the unorganized sector. It also instructed the Kerala state government to establish LCCs in all districts with sufficient funds.
- State of Kerala v. Muhammed Rafi (2017)
This criminal case, even though not regulated by the POSH Act, significantly enhanced the laws of Kerala in the workplace regarding sexual harassment.
Key Holding: Sexual comments even without physical contact are sexual harassment. It further stated that an environment in the workplace can also be hostile due to the manner in which individuals communicate with one another.
Challenges in Implementation
Despite the recent efforts, Kerala has a number of problems in implementing the POSH Act effectively:
- Traditional Sectors Underreporting: Despite having high literacy levels, workers in traditional sectors such as agriculture and small business will likely face difficulties in reporting due to cultural barriers.
2. LCC Functionality: As Local Complaints Committees have been instituted at the district level, their functionality and accessibility are unequal.
- Working in the Unorganized Sector: The majority of women workers in Kerala belong to the unorganized sector where it is difficult to implement POSH.
- Gaps in Awareness: Although the majority of people are able to read and write, many are unaware of certain provisions of the POSH Act, particularly in rural India.
New Ideas in Kerala
Kerala has cultivated a set of innovative strategies for tackling sexual harassment in the workplace:
- She-Box Integration: Kerala integrated state-level complaint handling mechanisms with the national She-Box (Sexual Harassment Electronic Box) portal.
2. Sector-Specific Guidelines: Given that various workplaces are distinctive in nature, Kerala has prepared distinctive guidelines for applying POSH in the health care, education, and IT sectors.
- Public-Private Partnerships: Public sector and private sector members joined hands to bring POSH into existence.
4. Legal Literacy Programs: Kerala State Legal Services Authority organizes special legal literacy programmes on POSH.
Recent Developments
As a result of the COVID-19 pandemic, there has been increased work from home, and therefore the Kerala High Court in Dhanya M. v. State of Kerala (2022) had to address sexual harassment in virtual workplaces. The Court ruled that harassment online during work sessions or through official communication is covered under the POSH Act.
The Kerala Government has launched a mobile application named “POSH-Kerala” to facilitate individuals to file complaints and obtain information regarding the Act.
Kerala Compared to Other States: Comparative Analysis
Compared to the rest of India, Kerala shows its positives and negatives:
1. Strengths:
Higher reporting rates as individuals are more aware.
More efficient low-cost carriers
Increased bonding with other groups advocating for women
2. Areas for Improvement:
Greater consistency of application across all areas
Strengthened mechanisms for the unorganized sector – Better ways to monitor and assess.
Conclusion
The Kerala POSH Act presents a clear image of modern changes but also holds on to enduring issues. Firm court actions, the social and political scenario of the state, and creative strategies have built a stronger ground for addressing workplace sexual harassment. However, cultural barriers, difficulties in enforcing rules in the unorganized sector, and occasional problems with LCC functioning continue to be challenges.
In the future, whatever Kerala has achieved can teach other states to keep working towards optimizing the way they implement POSH techniques. The way Kerala functions necessitates that national legislation be framed to appreciate local realities without compromising the spirit of prevention, prohibition, and redressal. As work becomes increasingly remote, with greater working from home and more gig work, Kerala’s strategy for POSH will need to evolve similarly. Kerala has a strong base of high literacy, strong women’s networks, and supportive court support, and it is well placed to be a trendsetter in sexual harassment prevention and redress at work. —
References:
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Kerala High Court judgments, 2015-2022
Kerala Women’s Commission Annual Reports
Gender Park, Kerala: Policy Documents and Reports
Ministry of Women and Child Development: POSH Implementation Reports
