Falguni, a dedicated banking professional, when her superior began making inappropriate comments and creating a hostile work environment, Falguni found herself struggling with anxiety and self-doubt. Unsure about how to address the situation, she initially hesitated to take action, fearing retaliation and career repercussions.
After confiding in her mentor, Meera, she learned that protection against workplace harassment is not just a policy-driven safeguard but a fundamental right. She directed her to legal precedents that affirmed an employee’s right to dignity and a safe working environment.
A landmark ruling in Punjab and Sind Bank and Ors v. Mrs. Durgesh Kuwar underscored the importance of addressing workplace harassment seriously. In this case, the Supreme Court of India reaffirmed that workplace harassment violates fundamental rights under Article 21 of the Constitution. The case involved an employee who had been unfairly dismissed after raising a harassment complaint. The Court ruled in her favor, emphasising that procedural errors or bureaucratic hurdles should not overshadow an individual’s right to a dignified workplace.
How can organisations strengthen workplace protections?
Falguni’s experience highlights the urgent need for organisations to establish and enforce robust anti-harassment mechanisms. Companies must adopt proactive measures to prevent and address workplace harassment effectively:
- Recognising harassment as a fundamental rights issue
Workplace harassment is not just an HR concern, it is a violation of an individual’s fundamental right to dignity and equality. Employers must ensure that their policies and practices align with constitutional protections and legal mandates. Regular awareness programs should reinforce that harassment of any kind will not be tolerated.
- Ensuring fair and accessible redressal mechanisms
Organisations must ensure that complaints are handled fairly and without undue technicalities hindering justice. Internal Committees (ICs) should be well-trained to provide impartial and efficient grievance redressal, ensuring that victims feel supported in seeking justice.
- Creating a safe and transparent workplace culture
Employees must feel secure in reporting harassment without fear of retaliation. Anonymous complaint channels, psychological support services, and regular feedback mechanisms can encourage individuals to come forward without hesitation.
Organisations can foster safer and more inclusive work environments by acknowledging workplace harassment as a serious violation of fundamental rights and implementing strong preventive measures. Employees should be aware of their rights and should not hesitate to seek redressal when necessary. Upholding dignity and safety in professional spaces is essential to building a culture of mutual respect and accountability.
For expert insights on workplace safety and compliance with the PoSH Act, reach out to us at hello@serein.in.