Editorial 1: On sexual harassment in the workplace
Context
- Ten years after the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH) came into force, the Supreme Court Bench of India has said there are “serious lapses” and “uncertainty” regarding its implementation.
Defining sexual harassment at workplace
- Sexual harassment at the workplace is any unwelcome sexually defined behaviour which has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile, abusive or offensive working environment.
- The PoSH Act 2013 states that if the following circumstances occur or are present in relation to, or connected with any act or behaviour of sexual harassment, it may amount to sexual harassment at the workplace:
- Implied or explicit promise of preferential treatment in her employment in her employment; or
- Implied or explicit threat of detrimental treatment in her employment; or
- Implied or explicit threat about her present or future employment status; or
- Interference with her work or creating an intimidating or offensive or hostile work environment for her; or
- Humiliating treatment likely to affect her health or safety.
The PoSH Act,2013
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in 2013, defining sexual harassment, laying down the procedures for a complaint and inquiry, and the action to be taken.
- It was a successor to the Vishaka guidelines, which were already in place. The Vishaka guidelines were laid down by the Supreme Court in a judgement in 1997 after a case filed by women’s rights groups, one of which was Vishaka.
- All women employees, whether employed regularly, temporarily, contractually, on an ad hoc or daily wage basis, as apprentices or interns or even employed without the knowledge of the principal employer, can seek redressal to sexual harassment in the workplace.
- The law expands the definition of ‘workplace’ beyond traditional offices to include all kinds of organisations across sectors, even non-traditional workplaces. It applies to all public and private sector organisations throughout India.
The requirements imposed on employers
- The law requires any employer with more than 10 employees to form an Internal Complaints Committee (ICC) which can be approached by any woman employee to file a formal sexual harassment complaint.
- It has to be headed by a woman, have at least two women employees, another employee, and a third party such as an NGO worker with five years of experience, familiar with the challenges of sexual harassment.
- The ICC has powers similar to those of a civil court in respect of summoning and examining any person on oath, and requiring the discovery and production of documents.
- Besides, the Act mandates the District Officer to constitute a Local Complaints Committee at each district, and if required at the block level.
- The employer has to file an annual audit report with the district officer about the number of sexual harassment complaints filed and actions taken at the end of the year.
The hurdles in implementation
- Effective number of ICC has not been constituted to date.
- The ICC has an inadequate number of members or lacked a mandatory external member.
- One of the concerns is that the Act does not satisfactorily address accountability, not specifying who is in charge of ensuring that workplaces comply with the Act, and who can be held responsible if its provisions are not followed.
- Additionally, experts have noted that in workplaces sexual harassment cases are hugely underreported for a number of reason.
- The inefficient functioning and the lack of clarity in the law about how to conduct such inquiries have ended up duplicating the access barriers associated with the justice system.
Way forward
- Sexual harassment of women in the workplace is a violation of human rights and dignity. It affects not only the individual but also the organization and society at large. The challenges of PoSH Act 2013 need to be addressed urgently by all stakeholders through collective efforts and actions. Only then can we create a safe, respectful, and equitable workplace for all.
Editorial 2: Death by methanol
Context
- The death of many persons over the past few days, in various parts of the country after consuming spurious liquor has been have been the cause of worry. Since 2002, methanol, regarded as the main reason behind hooch tragedies.
Illicit liquor (Hooch)
- Any alcoholic beverage made under unlicensed conditions is called illicit liquor. Usually sub-standard raw material is used, often this is spiked with other chemicals.
- Hooch’ is a term used for spurious alcoholic preparations and consumption of such preparations is harmful / fatal.The origin of the term hooch is said to come from the Hoochinoo Indians of Alaska.
- Sometimes, industrial methyl alcohol or denatured spirit (mixture of ethanol and methanol) is added by illicit brewers to save costs and in mistaken belief that it’ll increase potency.
- Methyl alcohol is extremely toxic — 10 ml can cause blindness and 30 ml can cause death within 10 to 30 hours. It is like ethyl alcohol in taste and smell.
- Also after consuming, methanol is changed into formic acid inside the body. The accumulation of formic acid in the body adversely affects various organ systems.
Reasons for Repeated Incidents
- Poor governance to detect production and movement of illicit liquor.
- Corruption nexus of police-administration-bootleggers.
- Challenge in coordinating with different state agencies to catch the inter-state gangs.
- Lack of affordable liquor for the poor due to revenue-maximizing liquor policy i.e high taxes and excise rates.
- Prohibition in many states which encourages smuggling.
- Price of illicit liquor is very low due to its low-cost production and no taxation.
- Demand-supply gap: For example, Odisha government recently alerted Collectors against spurious liquor sale.
- Patients and relatives are hesitant in disclosing the real facts about the consumption of liquor due to its corollary like fear of police action.
- Delay in providing antidote (ethyl alcohol) at the initial stage leads to more casualties.
- Lack of education and unawareness about the evil effects of illicit liquor.
- Present laws for prohibition are very liberal, lenient and the quantum of punishment is very minor in most of the states.
Constitution Provisions
• Article 47: State shall endeavor for the prohibition of the consumption of intoxicating drinks and of drugs except for medicinal purposes.
• Article 21 (Right to life and liberty): Consumption of liquor leads to degradation of human dignity.
• Article 38: Function of the Republic is to secure socioeconomic justice.
• Legal status: Alcohol prohibition is a state subject with each state having full control of alcohol legislation, state excise rates and the organization of production and sale of alcohol.
Suggestions to address the issue
- State Government should frame new specific Rules, particularly for manufacture, transport, import of methyl alcohol rules and classify it as ‘poison’.
- Elevating the standards of literacy in slum areas and rehabilitation of addicts/offenders.
- Awareness through entertainment mediums should be spread among people.
- Capacities of the health system should be upgraded. Like
- Proper supply of antidotes (Ethyl alcohol, sodium bicarbonate and fomepizole) and hemodialysis should be ensured and
- Instruments for diagnosis to the hospitals should be ensured and doctors must be trained.
- Though this subject matter comes under the jurisdiction of states, the central government must constitute a commission to look into the issue and issue some model suggestive guidelines to states to deal with it.
Conclusion
- Health communication about harm from alcohol is particularly relevant during the pandemic, since there is evidence of reduced immunity to viruses among those who are chronic alcohol consumers. As the World Health Organization points out, governments should regulate the quality of legal alcoholic drinks, while actively tracing and tracking illicit alcohol. This can be achieved only through cooperation among Centre,, States and also from the community, particularly from women’s groups.