A landmark law in 2013, it needs a spine in 2025, Pg6

Key Highlights:

• A college professor was sacked in Chandigarh following a probe by the Internal Complaints Committee (ICC) under the POSH Act after a student complaint filed on September 12, 2024.
• The case highlights the low conviction rate under the POSH Act and its challenges in delivering consistent justice, especially in educational institutions.
• The POSH Act suffers from conceptual and procedural flaws, including a limited understanding of "informed consent" and a short three-month limitation period for filing complaints.
• The Act's terminology, such as referring to the accused as a "respondent," dilutes the seriousness of the offense.

Detailed Insights:

• The POSH Act needs strengthening to address the exploitation of trust and authority by perpetrators, especially in cases involving emotional manipulation.
• The Act should account for situations where initial consent becomes invalid due to emotional manipulation or power imbalance, recognizing the betrayal experienced by the victim.
• The three-month limitation period for filing complaints should be reconsidered, as it often takes survivors longer to recognize and report the harassment.
• The Act's vague definitions shift the burden of proof onto the woman, requiring her to prove harassment within an often hesitant and ill-equipped institutional structure.
• The Act lacks clarity on inter-institutional complaints, allowing repeat offenders to go unchecked when misconduct spans different campuses.
• The law permits disciplinary action against complainants found to have filed "malicious" complaints, which can intimidate genuine victims and retraumatize them.
• The Act needs to adapt to the digital reality by including updated definitions, clear protocols for handling digital evidence, and mandatory training for committee members.
• Informal networks and "whisper systems" exist because formal mechanisms like the POSH Act often fail to provide adequate protection for women.

Key Concepts Involved:

• POSH Act: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, aims to protect women from sexual harassment in the workplace.
• Internal Complaints Committee (ICC): A committee within an organization responsible for investigating and addressing complaints of sexual harassment.
• Informed Consent: Consent given with full awareness of the potential consequences and implications of an action or decision.