Holding the Line - The Imperative of the POSH Act in Sports Federations and Corporations

In the face of growing allegations of sexual harassment within sports federations and corporations, the implementation and adherence to India’s Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) have never been more critical. This article seeks to underline the significance of the POSH Act within these institutions using the recent case of the Wrestling Federation of India (WFI) as a pertinent example.

The WFI, the governing body for the sport of wrestling in India, recently came under scrutiny due to allegations of sexual harassment against its president, BJP MP Brij Bhushan Sharan Singh. In the wake of these accusations, the structural inadequacy of WFI’s committee to address such complaints was brought to light. As per the POSH Act, every employer of a workplace with more than ten employees must constitute an Internal Complaints Committee (ICC) to handle such issues. However, it became apparent that the WFI had deviated from several crucial norms established under the POSH Act.

The WFI’s “Ethic s Commission”, which is tasked with handling issues linked to ethical practices, including sexual harassment, was found to be in violation of the Act’s guidelines. Firstly, the committee was led by a man, not a senior woman employee as required by the law. Secondly, it lacked an external member to ensure impartiality and prevent bias. Lastly, the committee had only one woman member, contradicting the law’s requirement of maintaining a 50% female representation.

These apparent violations highlight the pressing need for stringent adherence to the POSH Act, not just in letter but in spirit. Compliant committees not only provide a platform for redressal but also serve as deterrents against potential perpetrators. They signal the organization’s commitment to providing a safe, respectful, and inclusive environment for its women employees.

Furthermore, given that the POSH Act’s definition of a “workplace” extends to sports institutes, stadiums, sports complexes, and competition or games venues, it’s clear that sports federations like WFI are expected to comply with the Act’s provisions.

The POSH Act is essential for several reasons. Firstly, it protects women’s rights in the workplace, thus fostering a sense of security and belonging. Secondly, it promotes gender equality and contributes to a healthier work culture. Lastly, it ensures legal recourse for victims of sexual harassment, which is crucial in enabling them to seek justice.

However, the implementation of the POSH Act goes beyond merely having an ICC. It involves creating a culture of respect and zero tolerance for harassment. Promoting awareness about the Act, imparting regular training to employees about its provisions and implications, and ensuring strict enforcement of anti-harassment policies are just as essential. The case of the WFI serves as a wake-up call for sports federations and corporations alike. It’s a stark reminder of the need for these institutions to align with the POSH Act in both form and function. By doing so, they can help ensure a safe and conducive environment for women, thereby fostering empowerment, participation, and equality in the truest sense.

In conclusion, the POSH Act’s diligent implementation can set the tone for an organization’s commitment towards gender equality and respect. It’s high time sports federations and corporations step up their efforts in adhering to these guidelines, creating not just legally compliant workplaces, but also socially responsible institutions.