SHILLONG: A one-day training programme on the Prevention of Sexual Harassment (PoSH) Act, organised by the District Medical and Health Office, Meghalaya, under the National Health Mission, was held at Maharam Government Higher Secondary School in Mawkyrwat on Thursday, with the participation of members of Internal Committees from seven healthcare institutions in South West Khasi Hills.
As the discussion turned to the origins of the legislation, Badapbiang T. Dkhar, a Research Fellow at the National Law University Meghalaya and founder of the Kyrshan Foundation, who was invited as the resource person, explained that the PoSH Act emerged from a landmark legal battle that exposed a gap in India’s legal framework on workplace sexual harassment.
The case and subsequent legal developments eventually led to the formulation of the Vishaka Guidelines, which laid the foundation for the law. She then opened the discussion by emphasising the principle that “justice delayed is justice denied,” illustrating how the provisions of the Act seek to ensure timely redressal of complaints.
On the role of the IC, Dkhar said its purpose is to provide speedy and accessible justice to complainants. Failure to establish such a committee is an offence and can attract a penalty of Rs 50,000, with further consequences depending on the nature of the violation and continued inaction.
Explaining what constitutes a “workplace,” Dkhar said the term does not refer only to the four walls of an office but extends to any place or situation involving a professional working relationship between individuals. She explained that “sexual harassment” includes unwanted physical contact and advances, promises of preferential treatment in employment, or threats of detrimental treatment.
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The definition also extends beyond physical acts to verbal and visual forms of harassment, including sexually coloured remarks, demands or requests for sexual favours, and showing pornography against someone’s will. Dkhar also spoke about the growing concern surrounding deepfakes and AI-generated content, particularly as digital platforms become increasingly accessible.
Sexual harassment, she said, can also include sexually objectifying or targeting an individual based on their sexual nature, interference with work, the creation of an intimidating or hostile environment, and humiliating treatment that affects a person’s health or safety.
Dkhar further clarified that the law does not apply only to permanent or contractual employees. It covers various categories of individuals connected to the workplace, including visitors, interns, trainees, daily wage workers and those engaged in voluntary service.
When a complaint is received by the IC, she stressed the importance of maintaining confidentiality and properly documenting the entire case, including statements and evidence.
The Act also gives IC members powers similar to those of a civil court during an inquiry, allowing them to summon and enforce the attendance of witnesses, examine individuals under oath, and require the production of documents or electronic records.
The participants were also informed that, depending on the gravity and nature of the complaint, cases may be categorised to help recommend appropriate action to the head of the department. The penalties can range from a written warning or apology to withholding of increments or termination of service in serious cases but if the complainant or survivor is not satisfied with the outcome of the inquiry, the IC was advised to assist them in filing an FIR and direct them to the appropriate authorities as well .
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It was also explained that a complaint may be filed by the aggrieved person or, in certain circumstances, by another person on their behalf, within the prescribed time frame of three months. Dkhar said that the manner in which a complaint is submitted should not become a barrier to seeking redressal, remarking that even if a complaint were written on a napkin, it would still have to be accepted.
One concern raised by participants during the workshop was whether the law applied only to women. Responding to the query, Dkhar clarified that the PoSH Act specifically provides protection to women. However, she said ICs can recommend policy updates and procedural guidelines to employers based on insights gained from complaints.
With the widespread use of digital platforms, participants were also informed about the availability of online mechanisms for filing an FIR.
The seven institutions represented at the training included the District Medical and Health Office, Civil Hospital, Ranikor CHC, Khonjoy PHC, Mawthawpdah, Rangthong PHC and Wahkaji PHC.
Several participants commented that this was their first seminar on the PoSH Act. Concluding the session, Dkhar called on them to further educate others about such laws and spread awareness through posters, videos, emails and other accessible means.
