Evolving from a Compliance-Centric to a People-Centric Approach

Introduction:

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) recently marked its tenth anniversary. Enacted in response to the landmark Vishaka judgment, the POSH Act aimed to create safer workplaces for women by outlining specific obligations for employers in preventing and addressing sexual harassment. While the Act has undoubtedly made strides, a closer look reveals a gap between the legal framework and its practical implementation. This article delves into the evolution of POSH practices over the past decade, highlighting the need to shift from a compliance-centric approach to a more people-centric approach

Review of a Decade of POSH Act Implementation

The Women's Indian Chamber of Commerce and Industry (WICCI) reports1 paint a concerning picture where 43% of respondents reported feeling uncomfortable around a colleague at least once. In the formal sector, despite 39.3% of HRs claiming to offer workshops, only 4% address core issues like defining harassment and addressing online harassment. Additionally, 41.6% of HRs admit outdated training materials, and a significant 55.2% of employees who experience harassment don't report it. These statistics, coupled with our own observations while working with clients, point towards prevalence of a compliance-centric approach.

Organizations often view POSH merely as a tick-the-box exercise. Internal Complaints Committees (ICCs) are formed with minimal effort, and training is often cursory. Policies are generic, lengthy, and fail to capture the organization's values. This aligns with the metaphor of wearing a seatbelt: essential but not enough. Just as safe driving requires a combination of seatbelts, airbags, and responsible behavior, creating a truly safe workplace demands building a culture of respect.

The recent Supreme Court judgement in Aureliano Fernandes v. State of Goa (2023) underscores this point. Recognizing the inadequacy of current implementation, the court mandated specific actions by organizations to strengthen POSH practices. These include verifying committee composition, making details publicly available, and conducting regular training for committee members and employees. While these directions are crucial, they emphasize the need to move beyond compliance.

What does a People-Centric Approach involve?

A people-centric approach goes beyond legal compliance; it fosters a culture of respect and empowerment through:

  • Tailored Policies: Develop concise, organization-specific policies reflecting the company's values and commitment to respectful behavior.
  • Empowered Committees: Carefully select ICC members based on their competence, empathy, and understanding of the Act's objectives. Provide them with extensive training (8-16 hours) to equip them for effective complaint handling.
  • Meaningful Training: Move beyond generic e-learning modules. Conduct interactive workshops using case studies and role-playing exercises to sensitize employees on respectful behavior, bystander intervention, and reporting mechanisms.
  • Streamlined Complaint Handling: Ensure a fair and transparent process that adheres to principles of natural justice and inspires employee confidence. Communicate procedures clearly and address concerns promptly.

Conclusion:

Shifting to a people-centric approach is not simply about following the law; it's about creating a work environment where every employee feels safe, valued, and respected. By investing in this approach shift, organizations can reap numerous benefits:

  • Attract and retain top talent: A respectful work environment is increasingly sought-after by employees, giving organizations a competitive edge.
  • Boost productivity: Safe and empowered employees are more likely to be engaged and productive.
  • Minimize legal risks: Proactive POSH practices can mitigate costly legal disputes and reputational damage.
  • Resonate with stakeholders: Demonstrate commitment to ethical conduct and social responsibility.

The POSH Act has been a significant step forward, but the journey towards truly safe and respectful workplaces is ongoing. By embracing a people-centric approach, organizations can create a culture of trust and empower employees to build a brighter future for themselves, their colleagues, and the organization.

Footnote

1. Council of Ethics reports for calendar years 2020 and 2021

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.