Does the POSH law protect domestic workers against sexual harassment at workplace?

Every second home in India today has a “didi” who comes to helps us with the household chores. In India, domestic workers constitute an invisible category of 47.5 lakh poverty-stricken workers. Out of which, about 63% (30 Lakh) are women. Apart from the fact that their work is far from glamorous which includes wiping of floors, doing dishes, washing clothes, etc., they live lives that are more challenging than most of us can ever imagine. On an everyday basis, they fight with sexual abuse, low wage, financial insecurity, and social biases. 

Most vulnerable community  

As per a survey conducted by Martha Farrell Foundation over 29 percent of female domestic workers have reported sexual harassment at work. Around 19 percent ignored the incident completely, while 15 percent spoke with only their friends about it. 

Apparently, we consider homes to be the safest place in the world yet sexual harassment is a common phenomenon for domestic workers at their jobs. Unlike our work set-ups, there is no HR department for them where they can report harassment to. Due to fear of retaliation and loss of livelihood and stigma associated with issue exacerbates their vulnerability, and deters them from reporting incidents. 

Not to forget, the majority of them are uneducated, uninformed and ignorant. If you and I face any incident of harassment, we know plenty of measures to take recourse. Or even if we are not completely aware we can always use google for our assistance. But what about them? The majority of our domestic-helps can’t even read or write. Do you think they are equipped to fight sexual abuse by themselves?

Domestic Workers not just face physical forms of sexual harassment at the workplace, but also verbal, non-verbal and visual forms of such harassment. Physical forms can range from touching without consent, groping, fondling and rape. Verbal harassment includes lewd remarks, sexist jokes, repeated and unwelcome requests for sexual favors and unwelcome compliments of sexual nature. If not verbal in nature, it also occurs through non-verbal communication, which does not involve physical contact or oral communication. Some examples are lewd or suggestive gesturing, winking, leering and staring inappropriately. Given how unorganised and expansive a domestic worker’s workplace is, she is vulnerable to sexual harassment from not just her employer, but anyone who inhabits these multiple spaces when she visits them for the purpose of work.

Regulatory framework 

The Sexual Harassment of women at Workplace (Prevention, Prohibition, Redressal) Act, 2013(Act) is specifically designed to ensure the protection of women against sexual harassment at the workplace. The Act provides a mechanism for redressal of complaints of sexual harassment. 

Further, Article 21 of the Constitution of India mandates her right to life and right to live with dignity and the right to practice any profession or to carry on any occupation, trade or business which includes the right to a safe environment free from sexual harassment.

Furthermore, the protection against sexual harassment and the right to work with dignity are universally recognized human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women. 

The Act clearly defines and includes in its ambit both formal and informal workers. It mandates the constitution of an Internal Committee (IC) at the institutional level and a Local Committee LC) at the district level for prevention, prohibition, and redressal of sexual harassment. 

As per the definition of “workplace” under section 2(O) it includes a dwelling place or a house. Therefore, your house is very much a workplace for your domestic help. 

According to the Act, a domestic worker means a woman who is employed:

• To do the household work in any household for remuneration whether in cash or kind
• Either directly or through any agency
• On a temporary, permanent, part-time or full-time basis
• For remuneration whether in cash or kind 

Therefore, a domestic worker is protected under the Act and has the right to seek redressal from the local complaints committee (LC) when they are sexually harassed at their workplaces. LC, as constituted under section 6 of the Act, has jurisdiction over an entire district to receive complaints of sexual harassment at the workplace. They have the same powers as of civil court under the Code of Civil Procedure, 1908. This Act expedites the redressal mechanism as the LC is required to complete the inquiry within 90 days. (Section 11(4) of the Act). The Act also mandates the LC to conduct regular awareness and sensitization sessions for the workers and employers to make them aware of the issue and provisions of the Act.

Limits of the Law

As per a survey conducted by Martha Farell, out of 655 districts in the country, only 191 districts have set up a LC. This Act suffers from a major infirmity that it fails to take into account that the domestic workers are mostly ignorant and illiterate. The Act will only be implemented in its true spirit when periodic awareness sessions are conducted for domestic workers. They only recourse they know is to approach the police in case they face sexual harassment. However, if they approach police they will not be able to take advantage of the “90 day period” prescribed under the Act which renders speedy redressal of complaints.  

Section 12(b) of the Act states that the LC may recommend the employer to grant three-month leave to the aggrieved woman during the pendency of the inquiry. However, this provision of a three-month leave might also work counterproductively in such cases. For instance, if a worker doesn’t go to one flat and goes to the rest of the flats in the same building, it defeats the purpose of having such a leave. 

Raise a helping hand

Domestic workers are employees and are entitled to a workplace free from sexual harassment. All of us should feel safe at work, whether it’s on a movie set, in the home, or in the fields. This means that we must feel safe speaking up about sexual harassment and assault and be supported, financially or otherwise, after we do so. 

Rule 6 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Rules, 2013 empowers any person to file a complaint on behalf of the aggrieved woman if she is unable to make the complaint on account of her phsycial or mental incapacity. 

Remember that your domestic help is a primary caregiver who is helping you with all the menial stuff so that you can focus on bigger projects ensure that they live a life of dignity and have a safe environment for work.  

To know more about sexual harassment laws, filing of complaints, POSH training write to us at contact@ungender.in.