90% of Telangana Companies Fail to Comply with Sexual Harassment Law, Survey Reveals

A recent survey conducted by the Telangana labour department has brought to light a significant compliance gap: nearly 90% of companies across Telangana have failed to establish Internal Complaints Committees (ICCs) as required by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act. This critical legal mandate, designed to protect women from sexual harassment in the workplace, was enacted 13 years ago.

The survey, accessed by The Times of India, reveals that only 12.6% of companies in the state have implemented these mandatory committees. This oversight leaves a vast majority of women employees without a formal mechanism to address sexual harassment, often forcing them to either endure harassment silently or leave their jobs.

Impact on Women Employees

The absence of functional ICCs creates a challenging environment for women in the workforce. Many women are reluctant to report incidents to the police, fearing retaliation or a lack of support. According to Vinod Kumar, president of the Forum for IT Employees, Telangana, women who push back against harassment are often labelled "difficult" or subjected to performance improvement plans, leading to forced resignations or excessive workloads.

The Telangana Police's women's safety wing, which recently launched a dedicated POSH helpdesk, has already received several complaints citing either the non-existence of an ICC or its ineffectiveness. DGP Charu Sinha of the women's safety wing noted that many women approach them because their company's ICC is either absent or its members are not adequately equipped to handle sensitive situations.

Legal Mandate and Consequences

The Sexual Harassment of Women at Workplace Act mandates that any organization employing ten or more individuals must constitute an ICC. Failure to comply can result in a fine of up to Rs 50,000, with repeat violations potentially leading to the cancellation of the business's registration.

Key facts

SheBox Registration and National Picture

The problem extends beyond the state's internal surveys. Data from the district welfare office under the Union Ministry of Women and Child Welfare shows a similar trend. In Hyderabad district, only 539 companies are registered on the national SheBox monitoring portal, while Rangareddy district, a key IT corridor, has only 450 registered companies. SheBox is a national platform where women can lodge external complaints if their company's ICC is non-existent or dysfunctional. Nationally, only 1.74 lakh out of 21.1 lakh active companies are registered on SheBox, indicating a widespread issue.

Lack of Trust and Enforcement Challenges

Even when ICCs exist, women often express a lack of trust in their effectiveness. Shivangi Prasad, a POSH compliance expert, explained that fear of not being believed, retaliation, or committee members being friends with management often deters women from coming forward. Asiya Sherwani, counsellor heading the POSH helpdesk, highlighted that complaints range from manipulation to coercion, with victims often dismissed by existing ICCs.

Enforcement of the POSH Act in Telangana remains largely reactive. Legal experts, such as Telangana High Court advocate Yashasri Vasudeva Tadiboina, point out that labour authorities and the Ministry of Corporate Affairs typically conduct inspections only after complaints are lodged. The state women and child welfare department, the nodal body for POSH implementation, admits it lacks a complete count of private organizations in the state, making comprehensive enforcement difficult.

What This Means for Hyderabad's Workforce

For women working in Hyderabad and across Telangana, this report underscores the urgent need for greater awareness and stricter enforcement of workplace safety laws. Employees should be aware of their rights and the avenues available for seeking redressal, even if their company lacks a compliant ICC. The dedicated POSH helpdesk by the Telangana Police's women's safety wing offers an alternative for reporting complaints. Employers, particularly those in the IT corridor and other growing sectors, must prioritize establishing and effectively operationalizing ICCs to ensure a safe and legally compliant work environment for all.

Source: Times of India – Hyderabad – https://timesofindia.indiatimes.com/city/hyderabad/nothing-posh-about-it-90-t-cos-ignore-sexual-harassment-law/articleshow/131398133.cms