Carefully study the draft rules of the PoSH Law and publish it, the HC informs the state

The Madras High Court said the state promptly amended its conduct and disciplinary rules but did not frame its rules for the PoSH Act. | Photo credit: File Photo

Considering that the state is yet to frame rules for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, popularly known as the PoSH Act, a bench of the Madurai High Court directed the State Women’s Commission to submit a copy of the draft rules to the government, which must study the rules and approve them after making the necessary changes.

Judge R.N. Manjula noted that under the PoSH Act, the employer is responsible not only for providing a safe working environment but also for organizing seminars and awareness programs to create awareness among employees and also for conducting orientation programs for internal committee members.

Women had to balance career and family; career and health; career and personal choice. Working women try to balance all these issues with utmost dexterity. However, things came to a standstill and her dreams would be shattered if she was sexually harassed at work, the court said.

The State promptly amended its conduct and disciplinary rules but did not formulate its rules for the PoSH Act. All women’s welfare projects were entrusted to the Department of Social Welfare and Women’s Empowerment, which also dealt with child welfare issues.

For a department that has been entrusted with many other responsibilities, it may be difficult to verify that all departments are complying with the Act. The court observed that an exclusive department in charge of women’s development could do a better job in the area of ​​women’s empowerment.

The court issued a raft of guidance in a 140-page general order it issued while considering cases of sexual harassment in the workplace. It directed the state to create an official website with reference numbers of grievance redressal committees and upload detailed information on the website, create a dashboard to provide information about committees, details of members, number of grievances received and resolved, number of reports submitted. internal committee and details of the measures taken.

The court also directed the State to submit a report as to whether sufficient funds have been spent on these functions in accordance with Section 24 of the Act and, in case of shortage of funds, the steps taken to obtain funds.

The court also ordered the state to submit a report on whether budgetary allocations were made for gender issues every financial year and whether they were used properly.

The State Women’s Commission could check the actual situation by visiting educational institutions, hospitals, etc. and submit its report to the government. The court asked the government to form a state-level Technical Committee, including professional experts.

The government, State Women’s Commission and National Commission for Women have been asked to make suggestions to increase gender sensitivity and awareness.

The court posted the case after four weeks to receive a compliance report.