Shifting paradigm of work
The year of 2020 saw a shift in the world order. This shift had majorly impacted the age old working culture that had been developed. Majority of the workplaces adopted the working from home pattern. The economy could stay afloat and impact the entire economic ecosystem.
While we turned drawing rooms into boardrooms, this gave access to supervisors, colleagues, clients, into one’s private life.
This resulted in an increase of workplace harassment. It’s often thought that a remote working environment would erase the scope of harassment. However the virtual space breeds subtle forms of virtual harassment.
How the law sees virtual sexual harassment
The Prevention of Sexual Harassment (PoSH) Act described the act of sexual harassment as inappropriate physical as well as gestural and verbal behaviour, thus being applicable in the virtual office as well.
Avoiding legal liability
The Supreme Court in the case of Apparel Export Promotion Council v. A.K Chopra [5] enlarged the definition of sexual harassment by ruling that physical contact was not essential for it to amount to an act of sexual harassment.
The new virtual workspace fits in as a new workplace under (Sec 2(o) of POSH Act. Furthermore with the provision of online investigation, upholding the right to a safe working environment is now possible for remote companies.
How the law sees virtual workplaces
To reinstate the authority of the PoSH 2013 Act in the virtual workplace, Rajasthan High Court adjudicated on one such matter.
“In the present digital world, workplace for employees working in the bank and who have earlier worked in the same Branch and later on shifted to different States has to be treated completely as one workplace on a digital platform,” a Single Bench of Justice Sanjeev Prakash Sharma. Rejecting the second contention raised by the Petitioner, the Court observed that The judgment anchors on a very important legal point. The act of harassment has been analyzed basis the impact it causes.
Conclusion
The virtual workplace is a new environment that the Indian workspace has just been acquainted with. However, constant measures in forms of sensitization workshops, a functional Internal redressal mechanism and policy changes will help in the creation of a safe working ecosystem for everyone.