Context: A petition has been filed in the Supreme Court challenging guidelines issued by the Bombay High Court in cases under the Protection of Women from Sexual Harassment (POSH) Act.
Background

• High court ordered a blanket bar on parties and advocates from sharing records, including orders and judgments, with the media.
• It also stated that cases can be either heard “in-camera” or in the judge’s chamber, and no reporting without the nod of the judge will be permitted.

Arguments of petitioners

• Petitioner said that order was a “death blow” to freedom of speech and expression enshrined under Article 19.
• Public discourse plays a crucial role in shaping the nature of legal entitlements that are delivered to women, in matters of social justice and women empowerment.
• Order may have a “ripple effect” and deter survivors from approaching courts as well as setting a dangerous precedent for trial cases.
• Order will serve as a tool for powerful men to continue to sexually harass women and thereafter suppress women’s voices on social media and in news media with the help of such gag orders.

Protection of Women Against Sexual Harassment Act, 2013

• No woman shall be subjected to sexual harassment at any workplace.
• Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as “Internal Complaints Committee”.
• ICC is required to be constituted at every office /branch/site office of an organisation having 10 or more workers.
• Any aggrieved woman may make, in writing, a complaint of sexual Harassment at workplace to the ICC, if so constituted or Local Committee (LCC).
• The complaint can be filed within 3 months of the said harassment happening.
• This time can be increased by the committees by another 3 months.
• Any relative, psychologist, friends, co-workers have the power to file the complaint for the victim.
• The ICC and LCC can transfer the duties of respondent’s duty towards the victim to other employees, transfer of the victim to another branch or workplace and they can be granted a leave for up to 3 months.

JS Verma Committee

• Mandate: to recommend amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women.
• Committee submitted its report in January 2013.

Recommendation

• Domestic workers should be included within the purview of the Bill.
• The employer should pay compensation to the woman who has suffered sexual harassment.
• Setting up of an employment tribunal instead of an internal complaint committee (ICC).
• Tribunal may adopt its own procedure to deal with each complaint.
• Committee said Sexual Harassment Act did not reflect the spirit of the Vishakha guideline.

"Vishaka Guidelines" were stipulated by the Supreme Court of India, in Vishaka and others v State of Rajasthan case in 1997, regarding sexual harassment at workplace.
Employer should be held liable if

• Sexual misconduct is persistent in the premises.
• He or she facilitated sexual harassment.
• Employer fails to forward a complaint to the tribunal.