Who is an external member for PoSH?

Introduction

Workplace sexual harassment results from power dynamics between the accused and the victim. Power dynamics exist at every level of the organization. The same applies to the PoSH Committee constituted under the PoSH Act, 2013. This committee is the Internal Complaints Committee (ICC) or the Internal Committee (IC). Power dynamics can often creep into case investigations by the ICC. Thus, it requires the nomination of an external member for PoSH.

The external member for PoSH acts as a neutral third party that keeps the bias of the ICC in check. Both the PoSH Act and Rules lay down certain guidelines for the nomination of an external member. Yet, the external member’s duties, roles, and responsibilities remain unclear. But the judiciary has determined the role of the external member for PoSH.

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Provision for an external member for PoSH

As per Section 4 of the PoSH Act:

  • A senior female employee should head the PoSH Committee,
  • At least half of the PoSH Committee members should be women, and
  • One member should be from an NGO or an association that works for women’s empowerment. They can also be a person who is familiar with issues related to sexual harassment.

As per the PoSH Rules, a “person familiar with issues related to sexual harassment” is an expert in such issues. These include:

  • A social worker with at least 5 years of experience in social work. Such social work should create favorable conditions for women’s empowerment. It should address workplace sexual harassment.
  • A person who is familiar with labor, service, civil, or criminal law.

Such a person will be appointed to the PoSH Committee as an external member for PoSH. Yet, neither the Act nor the Rules explain the role of the external member and ignore the provision.

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What is PoSH (Prevention of Sexual Harassment)?

Implementing PoSH in Higher Education Institutions in India

 


On 17th July 2022, a second-year UG student of a Kolkata-based premier institution in India lodged a complaint to the institution’s ICC against the erstwhile head of the Department of English. With enough ensuing mudslinging on social media platforms, including from the educators toward the student, the area turns from grey to a much darker shade of shame. In such situations, how can implementing PoSH in higher education institutions be taken forward?

Post anonymously writing a post on Facebook, the harassment in the post’s comment thread ranged from sexist to casteist attacks against the student as well as prolonged casteist attacks directed towards the educator. Despite existing, why has PoSH turned into a system devoid of hope, leading to an avoidance of lodging complaints to the ICC?



POSH and the UGC

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is deemed fundamental for the protection of female employees against workplace sexual harassment. While including formal and informal workspaces, it is important to note that educational institutions play a big role here, and the law is not simply restricted to the corporate space in the formal sphere

Similarly, we have the UGC (Prevention, Prohibition, and Redress of Sexual Harassment of Women Workers and Students in Higher Education Institutions) Regulation, 2015, a federal law that prohibits sexual harassment of women employees and students in higher education institutions.

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What the Law Mandates

The UGC (Prevention, Prohibition, and Redress of Sexual Harassment of Women Workers and Students in Higher Education Institutions) Regulation, 2015 attempts to bring about a change in all universities, colleges and deemed to be universities, mandating them to follow a set of guidelines to ensure that the campuses are free of sexual harassment.

Gender-neutral stand

The term ‘students’ ensures that the law protects each individual enrolled in a particular higher education institution, irrespective of their gender, hence avoiding gender bias

Constitution of ICC

Every higher education institute is mandated to constitute an Internal Complaints Committee to redress sexual harassment complaints. In the presence of a committee pre-existing with such an objective, it must be renamed the ICC, and follow UGC-mandated norms.

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What is PoSH (Prevention of Sexual Harassment)?


How to build a trans-inclusive workplace?

Introduction

In public spaces, especially the workplace, transgender people frequently encounter stigma and discrimination. They often face hostility from others and are pressured to ‘manage’ their gender identities. Such events can trigger a wide range of psychological reactions that can have disastrous effects on a transgender person’s emotional health, level of job satisfaction, and probability to remain with a company. Therefore, it is significant that employers and companies build trans-inclusive workplaces for their transgender employees.

The primary reason for addressing this issue is that it is morally appropriate to do so. Every person who is contributing to the success of the company should never have to fear going to work every day.

Businesses can lose a lot by not implementing trans-specific policies and procedures, such as through a decrease in turnover, less participation and productivity, and even legal action. The company’s reputation is harmed by discriminatory behavior in general. Employers cannot keep ignoring a large demographic that faces structural hurdles to employment, success at work, and career advancement.

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Where do the roots of stigma lie?

People are socialized to understand and act according to their gender identity. From a very young age, we have learned gender-specific behavior. We are encouraged to showcase stereotypical behavior specific to our gender identity. Whenever a person displays any behavior that does not align with society’s norms, they are discouraged to act that way.

This begins as soon as we start associating the color pink with feminine and blue with the masculine. These ‘gender norms’ result in the most basic framework through which a person defines themselves. They are difficult to change because of how widely spread and deeply rooted they are.

However, it is unfortunate that such expectations discriminate against transgender people, especially at work. In an investigation by the Harvard Business Review, a survey of 105 transgender employees revealed that 47% of the participants faced some sort of discrimination daily at their workplaces. This included transphobic comments, being pressurized to conform to gender norms, and being ignored.

Discrimination and hostility at your workplace will cost you retention of top talent, lack of motivation, decreased productivity, and a lack of commitment. When employers, whether intentionally or not, fail to address the discriminatory practices at their workplace, they develop disrepute and the status of an ‘unwelcoming’ place to work.

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Challenges transgender people face at work

A 2015 survey of more than 27000 transgender individuals revealed that at least 77% of them took active steps to evade being mistreated at work. This includes hiding their gender identities, refraining from asking their employers and coworkers to use their correct pronouns, and delaying gender transition.

Transgender people might not bring their complete selves to the work. They may feel anxious or alienated because they are more likely to have an inequitable work experience than a cisgender employee.


1. Hiring bias

Our culture still largely views gender identity in binary terms. Because of this perception, transgender people face discrimination even before their job starts. Hiring processes are often biased and discriminate against them. They and people who identify as non-binary don’t want their gender identity or non-conformity to come up during the interview process.

They may also feel the pressure to appear in a certain way that conforms to society’s standards. Cisgender people do not face the pressure of altering their appearances while applying for jobs. A McKinsey survey found that 50% of transgender applicants could not be their complete selves during the job interview process.

2. Workplace exclusion

After selection, a transgender employee is more likely to be alienated at their workplace than a cisgender employee. Most transgender employees do not want to talk about their gender identity at work. 

Only 32% of them are comfortable with being completely out at their workplaces. Only 1/3rd of transgender employees who are completely out at work feel safe. More than 1/5th say they were either outed without their consent or were unable to hide their physical identity. Facing stigma and discrimination at work does not let transgender employees participate and engage in their workplaces wholly.

3. Developmental barriers

Transgender employees also face certain barriers in their professional development that cisgender employees don’t. 36% of transgender employees believe that their gender identity affects the likelihood of them being promoted. 37% of transgender employees also believe that gender and sexual identity, sexual orientation, and race are also factors that affect promotions at the workplace.

Because transgender employees do not see others like them around or above them on the career ladder, they believe career advancement for them is not possible. Since they already carry the psychological weight of watching out for discrimination, they can become more anxious resulting in lower productivity rates.

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What is PoSH (Prevention of Sexual Harassment)?

PoSH in Higher Education Institutions in India

On July 25, 2022, an Odisha college student accused the school's physics instructor of rape and sexual harassment. The accused lecturer, who was the institution's reader, had also held the role of NCC officer in the Naval wing. Despite the female student coming to the institute with a formal complaint, the school's internal committee did not discover any proof of the claims she claimed. The probe didn't start until the Higher Education Department became aware of the situation. 

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A Presidency University student from Kolkata filed a formal complaint with the internal committee of the university accusing Mahitosh Mandal, the former head of the department, of sexual harassment on July 17, 2022. 

It is believed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is essential for protecting female employees from sexual harassment at the workplace. It is significant to highlight that educational institutions play a significant role in this while also including formal and informal workspaces and that the law is not confined to the corporate environment in the formal sphere. 

A federal law that forbids sexual harassment of female employees and students in higher education institutions is the UGC (Prevention, Prohibition, and Redress of Sexual Harassment of Women Workers and Students in Higher Education Institutions) Regulation, 2015. 

In an effort to make changes, the UGC (Prevention, Prohibition, and Redress of Sexual Harassment of Women Workers and Students in Higher Education Institutions) Regulation, 2015 requires all universities, colleges, and deemed universities to adhere to a set of rules to ensure that the campuses are free from sexual harassment.

In order to prevent gender bias, the term "students" assures that the legislation covers every person registered in a specific higher education institution, regardless of their gender. 

An internal complaints committee must be established at every higher education institution in order to address sexual harassment claims. It must be dubbed the ICC and adhere to UGC-mandated rules if a body already exists with this goal.

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