From fear to freedom: Transforming informal workplaces

In 2020, a young woman named Meera took up a job in a textile mill in Bihar, eager to support her family. Initially, she was enthusiastic about her new role, but her optimism did not last for long. She experienced repeated sexual harassment from a male supervisor, but fear of losing her job and lack of knowledge about her rights kept her silent. Unfortunately, Meera’s story is not unique – it is a reflection of many employees in India’s informal workforce who face harassment yet hesitate to report it because of the stigma attached to it. 

According to a study by the International Labour Organization (ILO), approximately 70% of women in India’s informal workplaces have faced some form of workplace harassment but did not report it due to the fear of stigma and retaliation. Workplace safety is a pressing issue that has gained increasing attention over the years. 

In 2024, The Madras High Court recently passed a judgement highlighting the crucial role of both the central and state governments in enforcing the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 (PoSH Act). 

What did the judgement state?

The court clarified that according to Section 23 of the PoSH Act, it’s the responsibility of the central and state governments to ensure that workplaces comply with the law. The Central Government is responsible for workplaces under its control, while state governments must oversee all other workplaces, including private ones.

This judgement came during a case filed by R. Karuppusamy, who asked the court to ensure that Internal Committees (ICs) are established in all mills, factories, and workplaces in Tamil Nadu, as required by the PoSH Act, 2013. He also requested that Local Committees be set up in each district, as mandated by Section 6 of the Act, especially for workplaces with fewer than ten employees. 

The court stressed that both the central and state governments have legal obligations under Section 23 to enforce these rules. If they fail to do so, the affected person can file a complaint with the relevant authority.

Hence the government plays an important role in ensuring that informal workplaces implement the compliance requirements specified in the PoSH Act, 2024.

Apart from this nudge from the Government, how else can we create safe informal workplaces?

To ensure the effective implementation of the PoSH Act, several actionable steps must be taken:

• Strengthening Awareness: Conduct regular workshops and training sessions to educate employees about their rights under the PoSH Act and the procedures for filing complaints. This can empower more employees to come forward and seek justice. It’s important to also make these training sessions accessible by providing them in the language the employees are comfortable with. Attempts should be made to simplify the language used to ensure that the relatability of the presentation is high. 
• Data Collection: Establish a mandatory centralised database for tracking the number of complaints filed, resolved, and pending. This data can help identify patterns of sexual harassment, ensuring that measures are tailored to address specific issues. Data collection is crucial for evaluating the effectiveness of current policies and interventions, enabling continuous improvement in creating a safer workplace environment.
• Periodic Audits: Implement frequent audits of workplaces to ensure ICs are established and functioning effectively. These audits can include both announced and surprise inspections, reviewing committee records, and assessing employee awareness and training on the PoSH Act. This proactive approach can prevent incidents and foster a culture of accountability. 

The Madras High Court’s decision serves as a critical reminder of the need for rigorous enforcement of the PoSH Act, aiming to ensure a safer workplace across India. It is imperative that both governments and organisations work hand in hand to create environments where employees feel safe, respected and empowered to thrive professionally. Even if it is a factory or a mill but if it has more than 10 employees it is the role of  that organisation to ensure that they have a functioning IC in place.

This ensures that enforcement of the PoSH Act occurs not only in large corporations but also in small businesses, factories, and informal sectors. By taking concrete steps towards full compliance with the PoSH Act across both the formal and informal sector and promoting a culture of transparency and support, we can create safer and more inclusive workplaces in these sectors.