Introduction

In the corporate world, a secure workplace is not only essential for fostering women’s involvement in the workforce but also a legal imperative. Workplace sexual harassment not only generates an insecure working atmosphere for women but also hinders their capacity to perform effectively in today’s competitive world which underscores the necessity to create an environment that prioritizes safety, equality, and dignity for all.

Background

The issue of women’s safety in the workplace was first brought into question in the landmark case of Vishaka and others v. State of Rajasthan. With no specific law in India addressing this concern, the Supreme Court, in the Vishaka Judgment, identified sexual harassment as a violation of women’s fundamental right to equality. The court established the “Vishaka Guidelines,” mandating every organization to create a policy addressing workplace sexual harassment grievances. Organizations were made accountable and responsible for upholding these rights, leading to the creation of the POSH Act, the “Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013,” ensuring a safe and conducive environment to protect women from sexual harassment at workplaces.

POSH Compliances and Implications of Non-compliance:

The POSH Act encompasses several regulations that form the foundation for safeguarding the rights of individuals employed within organizations against sexual harassment. The act outlines various compliance requirements, including:

As per section 26 of the POSH Act, 2013, organizations violating the act’s provisions may face consequences, including-

(a) Legal Monetary Penalties

(b) cancellation of the license

(c) Impact on goodwill.

Role of Quant Legal Tech’s Complius® in POSH Compliance:

The substantial burden on organizations for managing POSH compliances is being greatly simplified by deploying legal technology to streamline the process of compliance management. Some ways in which legal tech contributes to POSH compliance:

• Record Keeping: Legal-tech assists in maintaining records related to POSH compliance, including frameworks for training, policies, and records of any incidents or complaints, crucial for demonstrating compliance during audits or legal proceedings.
• Training and Awareness: Legal-tech platforms facilitate online training programs on sexual harassment prevention and awareness.
• Anonymous Reporting: Some legal tech solutions provide anonymous reporting mechanisms, enabling employees to report incidents of sexual harassment without fear of retaliation, fostering a more open and transparent reporting culture.

Complius® streamlines the management of regulations through technology, enabling easy tracking of compliances.

By leveraging Complius®, organizations can adopt a streamlined approach for managing POSH compliances equipped with powerful dashboards that can contribute significantly to enhancing transparency into POSH compliances execution rates and providing status of the compliance activities. Management can set and monitor Key Performance Indicators (KPIs) related to POSH compliance on dashboards contributing to the development of a culture of compliance within the organization and creating a secure environment for their employees.

Conclusion

Sexual harassment violates an individual’s right to work in a safer environment. Every organization has a duty to provide its employees with a secure environment, necessitating the implementation of the POSH Act. Through legal tech, implementation becomes simpler by tracking compliances through technology, ensuring a much safer environment for individuals working in an organization.