Applicability of POSH Law in COVID-19 Scenario
COVID-19...COVID-19... COVID-19...
All around it’s COVID-19..... All
Shut-down....!.
But show must go on.. therefore, ‘Work
from Home’ (WFH) is a plausible solution..
So few questions – What’s the probabilities
of ‘Sexual Harassment’ in a WFH circumstances?
Is POSH Laws applicable in the given
circumstances? Or is it only in books, now?
When I opt WFH, am I at workplace?
Can I be sexually harassed while sitting
at home and can I invoke the provisions of POSH law, if I’m harassed on-line ?
The answer to all above questions is – YES
The Sexual Harassment of Women at Workplace (Prevention, Prohibition
& Redressal ) Act, 2013 (POSH Law) is very much alive and is applicable
even if we are working from home; It applies in virtual world as well.
The ‘Sexual harassment’ as defined
under POSH Law is:
“Any unwelcome acts or behavior (whether directly or
by implication), namely: 1. Physical contact or advances;
2. A demand or request for sexual favours;
3. Making sexually coloured remarks;
4. Showing pornography;
5. Any other unwelcome physical, verbal or non-verbal
conduct of a sexual nature”
A workplace is defined as “any place visited by the
employee arising out of or during the course of employment, including
transportation provided by the employer for undertaking such a journey”
The said definition of workplace is therefore, extendable
to and goes beyond the four walls of office premises. It indeed applies to the
virtual world.
Any correspondence, message, video, audio etc which is
sexually coloured, is send/transmitted/ conveyed through any electronic means
is a sexual harassment under the provisions of POSH Law.
In following judgments, the Hon’ble Courts have
considered sexually coloured messages over mobile phone, is a sexual harassment
to a woman under POSH Laws.
1. Jahid Ali vs.Union of India
& Ors. – Delhi High Court
2. Ajay Tiwari vs University Of Delhi And Ors – Delhi High Court
It means, in the given situation of COVID-19 where we
all are working from home, we are at workplace -24*7 and all electronic medium
used by us for discharging our duties are also workplace e.g. laptop, mobile
phone, all video/ audio calls etc. In the process, if any woman receives any
unwelcome, sexually coloured message, text, talk, video etc, will fall under
the purview of POSH Laws. She can very well initiate the action as per POSH Law
as if she works within the physical premises of the office.
So, for all women who are working from home, relax and
do your best at work;The law is there to protect you from sexual harassment.
Stay Safe…..
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