Women in workspaces in India increased over the decades, according to the latest PLFS report, around 32.8% females of working age (15 years and above) were in the labour force in 2021-22, which was just 23.3% in 2017-18, registering a surge of 9.5% points during these years. This increase in the workspaces also increases the number of crimes happening to women every day. As per the National Crime Record Bureau (NCRB) report, there is a crime against women every three minutes. In 1997, as part of the Vishaka judgment, the Supreme Court drew upon the CEDAW and laid down specific guidelines on the prevention of sexual harassment of women at the workplace. The Vishaka guidelines defined sexual harassment and codified preventive measures and redressal mechanisms to be undertaken by employers. To give protection to women in India, the Ministry of Women and Child Development came up with the policy called The Protection of Women Against Sexual Harassment at Workplace Bill, 2010.
GOVERNANCE TRIANGLE
The governance triangle examines the roles of the state, market, and civil society through the lens of policy. This framework was used to analyse the Indian laws protecting women in workspaces and public spaces.
ROLE OF STATE
- India has implemented legal reforms, taken financial initiatives (Nirbhaya Fund), and launched a women’s helpline (181) to enhance women’s security
- One Stop Centres (OSCs), Emergency Response Support System (112), SHe-Box, and Women Help Desks provide legal, medical, and psychological assistance to women
- The POSH Act aims to protect women from sexual harassment at workplace. Organisations employing more than ten employees have to form an Internal Committee for addressing harassment complaints confidentially and in an impartial manner
- Other than the POSH Act, there are provisions in Bharatiya Nyaya Sanhita, 2023 (“BNS”) that address remedies for women who have been victims of violence or harassment at the workplace. For example, Section 74 of the BNS, which entails assault or the use of criminal force on a woman with intent to outrage her modesty and Section 79 that deals with a word, gesture
- Special safety measures for women workers under the Factories Act, 1948, such as prohibition on women from working near cotton openers, prohibition from performing tasks like cleaning or adjusting machinery in motion, and restricting weight lifting, are provided.
ROLE OF MARKET
Market actors, in particular, the role of a private company is essential in the process of legal protection translated into practice. According to the Deloitte 2024 Women @ Work report, nearly half of the women surveyed expressed concerns about their safety at work or while commuting. Although the number of women experiencing non-inclusive behaviours, such as harassment or microaggressions, has decreased, 43% still reported facing such behaviours in the past year. According to data by the Centre of Economic Data Analysis (CEDA) of Ashoka University, of all claims of sexual harassment in the workplace, only big firms reported the cases from 2013-14 to 2022-23, whereas there were very few reported cases in mid-sized and small firms. This is a sign of unequal compliance where small organisations do not have efficient reporting systems or even conceal complaints.
The statistics also indicate a consistent increase in the number of pending sexual harassment cases, which implies there are delays in the resolution of such cases even in the formal corporate setup. Although the total number of reported cases and reporting companies has been on the rise with time, the continued unresolved cases of complaints point to the fact that employer-led grievance redressal has flaws. In general, the market role of safeguarding women is inconsistent, with effective compliance concentrated mainly among large firms.
ROLE OF CIVIL SOCIETY
Activism has led to major reforms by civil society. The Justice Verma Committee was pressured by NGOs and AIDWA (after 2012) to create the 2013 Criminal Law Amendment Act and the POSH Act, which increased violence reporting up to 23-40% in Delhi. The Safe Delhi Campaign by Jagori organised community sentinels (drivers/shopkeepers) to conduct surveillance in the public space in a way that affected the OSCs and Nirbhaya Fund desks.
Breakthrough Bell Bajao! 75,000+ advocates trained, increasing awareness of the Domestic Violence Act 49%, extending to Posh compliance. The resource constraints of monitoring/advocacy are highlighted by the example of India, where harassment in the workplace was uncovered by women journalists/actors (in the form of the #MeToo movement) who made the issue widely discussed, which in turn led to POSH investigations in media/companies and the discussion of gaps in enforcement (MeToo India, 2018).
OVERALL EVALUATION
According to the governance triangle framework, the Indian laws offer powerful formal protection to women, but the result is unequal. Comprehensive laws have been enacted by the State; however, gaps in enforcement, inconsistent employer compliance on the market, and critical gaps in the market by civil society through activism and awareness. The lack of coordination between these actors leads to partial and uneven protection, particularly to women in informal workstations as well as minor institutions.
RECOMMENDATIONS
They should concentrate on the enhancement of the enforcement of the current laws instead of coming up with new laws. Complaints under the POSH Act should be regularly monitored and disposed of within a set time, particularly in small and mid-sized organisations where compliance is still poor. Accountability of the employers can be enhanced by the introduction of a requirement to report the grievance redressal outcomes and making the employer liable for non-compliance. Women in the informal sector also require increased focus by easing the process of complaints and providing more legal awareness. Lastly, closer interaction between the State and civil society can contribute to outreach expansion, greater reporting, and better support of the survivor.
