By Smita Shetty Kapoor
“You can’t have it all” came to my mind when I heard this topic. As an HR professional for a long time, I often feel like the conscience keeper of my organization. I am the culture creator, and anything related to behavior falls within HR’s scope. However, the PoSH Act, or rather The Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013, has provided a different perspective. The PoSH Act is indeed “for the people, by the people.” With the right intent, HR professionals can leverage this Act to create a more powerful and inclusive workplace. Those lacking the right intent may find themselves challenged by its requirements.
- Sexual Harassment is a Serious Legal Issue
- Sexual harassment cannot be dismissed as a mere moral transgression; it requires all due attention and must be treated according to the law laid down in 2013. Even before this, it defied our constitutional rights and could not be taken lightly.
- Responsibility Beyond HR
- Workplace safety is not merely HR prerogative. HR needs to however act as a facilitator to keep a check on the culture and ensure that it is built with tenacity by being the eyes of the organization. One needs to understand that the HR person’s role is to observe and flag for where and how the employees may need help and they are not always the Employer’s spokesperson. HR culture goes beyond management communications and they need to act as the eyes and ears of both parties and bridge the gaps by solutioning human needs.
- Unique Internal Committee Setup
- The structure of the Internal Committee (IC) under PoSH is unique globally. It requires a woman chairperson, an external member who is not part of the organization, and a set of credible employees who may not necessarily be the most senior. Each member has a distinct role and responsibility. The law does not require legal backgrounds for IC members; rather, it seeks individuals who can interpret the law in its true spirit.
- Broad Definitions and Scope
- Unlike other labor laws, the PoSH Act offers comprehensive and forward-looking definitions. It goes beyond traditional definitions found in acts like the S&E Act, ID Act, and Factories Act. The law covers modern workplace scenarios, including work-from-home and online environments, making it highly relevant and inclusive.
- Emphasis on Prevention and Prohibition
- The PoSH Act emphasizes the importance of preventing and prohibiting sexual harassment. Unlike many other laws, it mandates annual reporting, reinforcing its comprehensive nature. The primary goal is to create safe workplaces, thereby encouraging more women to join the workforce.
- Adherence to the Principle of Natural Justice
- The PoSH Act ensures that the Internal Committee adheres to the Principle of Natural Justice, avoiding any form of bias in proceedings. The trained committee members are equipped to follow the law while considering human behaviors in their context and circumstances. Both parties are given ample opportunities to present their cases.
These six aspects highlight the essential knowledge HR professionals should have about the PoSH legal landscape. Those lacking the right intent may find themselves challenged by its requirements. An HR professional can be a Boon to the workplace safety and POSH but sometimes an overbearing HR professional who is not clear with their roles can also act as a bane if they participate in breaches of confidentiality or intervene with the IC proceedings without understanding the sensitivity or unbiasedness with which a professional needs to operate.
(The author is Smita Shetty Kapoor, CEO & Co-founder, Kelp, and the views expressed in this article are her own)
