Evaluating Awareness and Implementation of Prevention of Sexual Harassment (POSH) Regulations: A Study of MSMEs in Rajasthan, India

 

Amrita Todarwal, Abha Toshniwal, Sanjay Jain

Faculty, MHRM Program, UCCMS, MLSU, Udaipur, Rajasthan, India.

*Corresponding Author E-mail: amritatodarwal@gmail.com, abhabaser@gmail.com, sanjayjain811@gmail.com

 

ABSTRACT:

In today's corporate world, sexual harassment continues to be a significant issue, highlighting the importance of effectively implementing Prevention of Sexual Harassment (POSH) regulations. With the increasing corporate presence in tier 2 and 3 cities of India, it is crucial to evaluate how well employees in these areas understand and follow POSH regulations. This study aims to evaluate employees' awareness of POSH regulations and investigate the strategies employed by MSMEs in Rajasthan. The study seeks to gauge the level of understanding among employees regarding their rights and responsibilities under PoSH, their familiarity with reporting procedures for instances of sexual harassment, and their knowledge of the consequences for violating POSH regulations. Additionally, the study aims to explore the strategies adopted by MSMEs to implement and enforce POSH regulations. This entails examining the policies, procedures, and mechanisms implemented by these companies to stop, address, and report the incidents of such cases at workplaces. Ultimately, this study endeavours to provide insights for enhancing workplace safety and compliance across MSMEs in Rajasthan.

 

KEYWORDS: Prevention of Sexual Harassment (POSH) regulations, MSMEs, Sexual harassment, Safe work environment

 

 


 

1.    INTRODUCTION:

In 1992, Bhanwari Devi, who was on duty at Female Development task of the Rajasthan State, was gone through a Rape by 5 Individual’s. This happened when she intervened to stop the one-year-old girl marriage. In response to petitions filed by activist groups regarding this crime, the Supreme Court observed the lack of laws to effectively enforce the fundamental human right of gender equality and provide protection against "sexual harassment at workplaces." Consequently, year 1997, the Court established a set of guidelines known as the Vishakha Guidelines. These guidelines were intended to address the legal void until appropriate legislation can be legislated and were mandated to be strictly adhered to in all workplaces (Tiwari, 2024). n India, many domestic workers, especially women and children, are exploited and treated like slaves. They face low wages, abuse, and cruelty due to a lack of rights and regulation. The government needs to create strong laws to protect domestic workers and ensure their safety and fair treatment. (Reghunathan K.R, 2019)

 

In West Bengal, India, small businesses in the handicraft sector play a crucial role in creating jobs and driving economic growth. This study found that customer demand, risk-taking, and marketing innovation are key factors that contribute to the success of these businesses, but technological innovation is still needed for long-term growth. (Dibyendu Bikash Datta, 2024) Small and medium-sized businesses (MSMEs) are important for economic growth and development, but they struggle to compete with foreign companies and join global networks. This study aims to identify the challenges MSMEs face in joining global networks and find strategies to help them succeed, based on a survey of 50 business owners in the auto industry. (R.K. Mittal, Vijita Singh Aggarwal, Dinesh Rawat, 2017)

 

Violence against women and sexual harassment at work are major problems that can hurt employees and harm businesses. These issues can make women afraid to work and can lead to absenteeism, turnover, and low morale. To fix this, we need strong policies and practices to create a safe and respectful workplace for everyone. (Bhagwati Prasad Chaudhary, 2016)

 

Sexual harassment of female nurses in hospitals has been a secret problem for a long time, but it's getting worse. This paper emphasized on how often female nurses are harassed at work. It suggests that hospitals and laws need to do more to protect female nurses. (S. Preetham Sridar, Vijila Kennedy, 2011)

 

This study looked at research papers about sexual harassment at work to see what's been studied and what's missing. Most of the research was done in the US, but other countries haven't studied it as much. More research is needed on topics like stopping harassment, handling complaints, and making training programs. (Rachan Sareen, 2024)

 

Sexual harassment is a big problem that hasn't been solved by research or government policies. This paper says the problem persists because there are rewards for the behavior, and wants to create a system to eliminate those rewards. The proposed "Call for Evidence" system aims to stop sexual harassment in schools by removing the incentives that allow it to happen. (Franklin Chiemeka Agukwe, 2017)

 

According to a recent analysis by Forbes India, the count of pending such cases in India's leading corporations saw a huge rise of 101% at the end of March 2023 (SULTANA, India Inc sees alarmingly high unresolved sexual harassment cases at workplace, 2023). In the F.Y. 2022-23, the 11 Sensex-listed information technology (IT) and banking companies were responsible for 83% of the total reported sexual harassment cases reported at firms on the 30-share index in financial year (FY) 2022-23 (Rouf Ahmad Bhat A. D., 2017).

 

The root causes contributing to the concerning increase in sexual harassment instances include predominantly male-dominated organizational frameworks, power differentials, confusion regarding female friendliness, and Women being taken advantage of well educated. The increase in cases to be solved does not provide any comfort even as more women join the workforce. Examining these statistics underscores the urgent need for preventive measures for sexual harassment is much needed at personal and organisational level. Personal measures consist of security precautions and safety measures against various perpetrators while institutional strategies encompass guidelines, complaint procedures, training, and leadership initiatives. A study reveals link between workplace sexual harassment (SHWP) and depression among workers and highlights the pressing need for comprehensive interventions to mitigate SHWP's adverse effects on workers' mental health (Francisco Diez-Canseco, 2022). Thus, there is a need for a holistic approach to prevent sexual harassment to foster a culture of respect and safety for all employees (Sabine C. Jenner, 2020)

 

A study taught adolescent girls about safety measures against sexual harassment and found it improved their knowledge but not their attitude. The study suggests more research and teaching programs are needed to help girls stay safe from sexual harassment. (Neelam, 2022)

 

The POSH Act was created to protect women from sexual harassment at work after a long fight by women's rights groups. Despite this law, many women still face harassment and don't get justice. This article discusses the law's weaknesses and suggests ways to improve it to better protect women in the workplace. (Rachan Sareen, Surabhi Dhingra, 2024)

 

2.    CONCEPTUAL BACKGROUND:

The PoSH Act 2013, aims to cultivate secure and respectful work environments, particularly for women, by prohibiting and addressing instances of sexual harassment at work. Passed by the Ministry of Law and Justice on April 22, 2013, the law requires formation of Internal Complaints Committees (ICCs) within companies to get and solve complaints of sexual harassment. It outlines procedures for complaint filing, investigation, and imposing penalties on offenders. Moreover, it mandates employers to conduct awareness programs and training sessions on the Act's provisions.

 

The institute of Higher Learning are those spaces where women learn and prepare themselves for enter in to working place. These women’s must informed about the Posh Act and their implications and raise its awareness. (Sharma Aayushi, 2022)

 

The Act extends to virtual workplaces, applying its requirements to remote work settings, ensuring comprehensive coverage and protection (info@muds.co.in, 2023). The PoSH Act explains what sexual harassment is, including unwanted behaviors like touching, flirting, asking for sex, making suggestive comments, showing pornographic material, and other inappropriate sexual actions. It also lists five situations that can be considered sexual harassment if they're connected to these actions (i) promising favour at work (ii) threatening someone’s Job (iii) threatening present or future employment status, (iv) interfering with work or creating a hostile work environment, and (v) subjecting individuals to humiliating treatment likely to affect their wellbeing. According to the act, any company who has 10 plus employees must establish an Internal Complaints Committee (ICC), accessible to all female employees for lodging formal sexual harassment complaints.

 

This committee, led by a woman and comprising at least two female employees and one other staff member, is also required to involve external representative, like an NGO employee who has more than 5 years expertise in addressing sexual harassment challenges, to prevent undue pressure from senior management. Apart from this, the Law requires proper set up at district level to constitute a Local Committee to handle grievance of females at workplaces (Sarkar, 2024).

 

A study was conducted to assess the effectiveness of school lessons in preventing sexual harassment among secondary school students. Results showed reduced intention for sex-based contact and increased inner strength in avoiding it among the intervention group post-test. Positive effects on social norms and sexual self-esteem persisted at follow-up. This integrated approach holds promise for preventing sexual harassment behaviors among adolescents (Gaby P. A. de Lijster, 2016).

 

Therefore, it is crucial to be aware about avoidance of sex-based contact at offices. It proposes preventive organizational actions (POAs) to positively influence organizational characteristics and counteract harassment culture. Unlike reactive measures, primary prevention addresses root causes proactively. This proactive approach aims to prevent sexual harassment development, benefiting both employees and employers (Myrtle P. Bell, 2003).

 

However, A survey conducted by NHRD conduct study on professionals across India if they knew what counts as sexual harassment in the workplace, both in person and online. The surprising result was that more than half (56%) of them had never even heard of the PoSH act, which is the law that protects females from sexual harassment at work (Patel, 2023). The Supreme Court of India noted in Aureliano Fernandes vs. State of Goa that despite a decade since the enactment of prevention of sexual harassment laws, enforcement remains inadequate due to lack of procedural awareness, confidence, and adherence. Strict enforcement and proactive measures by all actors are crucial for ensuring workplace dignity for women. Companies must also review compliance with the POSH Act (Dutta, Spotlight On Implementation And Enforcement Of POSH Law, 2024).

 

Recent surveys by Stratefix Consulting and Walchand Plus reveal alarming statistics: 8% were aware of the POSH policy before 2021, 11% would leave rather than report harassment, and 40% of working women were unaware of protective measures. This underscores the need for comprehensive actions to combat workplace sexual harassment. (Dutta, Spotlight On Implementation And Enforcement Of POSH Law, 2024) Implementation of the POSH Act is vital for fostering a safe workplace for women. (Namrata Prakash, 2023).

 

It addresses sexual harassment, providing a legal framework for prevention and redressed. Start-ups, despite their size and culture, must comply. Non-compliance risks legal repercussions and reputational harm. Adhering to the Act protects employee rights and ensures legal conformity (Compliancecalender.in, 2021). The Protection of Women from Sexual Harassment (PoSH) Act in India aims to create safe workplaces but faces challenges in implementation. Bridging gaps between law and practice requires zero tolerance for harassment, employers’ accountability, awareness, and resources. Unified action is crucial to fulfill the Act's promise and empower women nationwide (Linkedin, 2024).

 

A study explores how organizational climate influences workplace sexual harassment prevention. Findings show passive coping due to insufficient prevention measures, with active coping linked to organizational roles rather than policy implementation. Surprisingly, in organizations with zero policies, active coping occurs during severe harassment. The study underscores organizations' crucial role in supporting victims and witnesses, emphasizing the necessity of a conducive psychosocial safety climate for prevention (Malvin Ping Chieng Tan, 2020).

 

Women play a pivotal role in the nation's development, contributing significantly to economic support, domestic responsibilities, and emotional well-being. Ensuring their safety and security in the workplace is paramount, as sexual harassment not only impacts their social and psychological well-being but also jeopardizes their job security and earning capacity. It is essential to create a work environment where women can thrive and contribute effectively to the family, society, and the nation's progress. (Rouf Ahmad Bhat A. D., 2017).

 

3.    RESEARCH METHODOLOGY:

Based on the literature review, geographic gap is revealed that highlighted a dearth of studies related to awareness and implementation of PoSH regulations particularly in Rajasthan state of India. Hence the study is aimed to assess the awareness among employees of Micro Small and Medium Enterprises (MSMEs) in Rajasthan regarding the existence, provisions, and implications of PoSH regulations. Furthermore, the research also intended to investigate the strategies employed by MSMEs in Rajasthan to implement and enforce PoSH regulations.

 

Thus, the research objectives showed the way to build following research hypotheses:

H01: There is no significant difference in the awareness level of employees regarding PoSH regulations due to their gender.

H02: There is no significant difference in the awareness level of employees regarding PoSH regulations due to their age.

H03: There is no significant difference in the awareness level of employees regarding PoSH regulations due to nature of work organization.

H04: There is no significant difference in the awareness level of employees regarding PoSH regulations due to their job position.

H05: There is no significant difference in the awareness level of employees regarding PoSH regulations due to the type of industry.

H06: There is no significant difference in the Implementation of PoSH regulations due to nature of work organization.

H07: There is no significant difference in the Implementation of PoSH regulations due to the type of industry.

 

·       Research Design: The present research is Descriptive by nature

·       Sample Description: 130 Working Professionals of MSMEs operating in Rajasthan have been contacted through the Judgmental sampling technique.

·       Data Collection: Primary data was collected by survey technique using a structured questionnaire. The questionnaire contained the questions about demographic details, awareness, implementation, reporting and handling procedures, implications, evaluation and improvement related to PoSH regulations.

 

·       Data Analysis Tools: Independent Sample t-test and ANOVA with the help of IBM-SPSS 21.0 software.

 

4.    DEMOGRAPHIC ANALYSIS:

The demographic profile of respondents about age group, gender, nature of work organization, job position and type of industry is represented in the table 1.

 

Table 1: Demographic Analysis

Demographic Characteristics

Category

Frequency

%

Age Group

(In years)

Below 25

14

10.8

25-35

60

46.2

35-45

46

35.4

45-55

2

1.5

Above 55

8

6.2

Gender

Male

44

33.8

Female

86

66.2

Nature of Work Organization

Government

14

10.8

Semi Government

10

7.7

Private

106

81.5

Job Position

Executive/Staff

74

56.9

Supervisor/Manager

28

21.5

Senior Management

14

10.8

Leadership

14

10.8

Type of Industry

Manufacturing/ Processing

36

27.7

Banking/Finance

8

6.2

Education

30

23.1

Information Technology

26

20.0

Healthcare/ Pharmaceuticals

2

1.5

Hotel and Restaurant

4

3.1

Automobile

4

3.1

Other

20

15.4

(Source: Primary Data)

 

5. RESULT AND DISCUSSION:

Normality Test: Kolmogorov-Smirnov Test is used to test the normality of data. As the value of p (1.895 for Awareness about PoSH regulations and 1.985 for Implementation of PoSH provisions) is greater than 0.05, so it can be said that data is normally distributed.

 

Table 2: One-Sample Kolmogorov-Smirnov Test

 

PoSH Awareness

Implementation Score

N

130

130

Normal Parametersa,b

Mean

75.5556

55.6412

Std. Deviation

17.41226

28.03893

Most Extreme Differences

Absolute

.166

.174

Positive

.121

.103

Negative

-.166

-.174

Kolmogorov-Smirnov Z

1.895

1.985

Asymp. Sig. (2-tailed)

.002

.001

a. Test distribution is Normal.

(Source: SPSS output)

 

Result of Independent sample t-test:

This test is used to test H01 as there are only two categories (Male and Female) of independent variable (Gender).


Table 3: Group Statistics

 

Gendedr

N

Mean

Std. Deviation

Std. Error Mean

PoSH Awareness

Male

44

76.7677

16.91345

2.54980

Female

86

74.9354

17.72755

1.91161

(Source: SPSS output)

 

Table 4: Independent Sample test for H01

 

Levene's Test for Equality of Variances

t-test for equality of Means

F

Sig.

T

df

Sig. (2 - tailed)

PoSH Awareness

Equal variances assumed

0.413

0.522

0.566

128

0.572

Equal variances not assumed

 

 

0.575

90.464

0.567

 


The result shows the non-significant value (p>0.05) of Levene’s test so the null hypothesis H01 is accepted and can be said that there is no significant difference in the awareness level of employees regarding PoSH regulations due to their gender. This suggest that both male and female employees need to have adequate knowledge of the provisions laid down to stop Sex based Contact at the offices.

 

Result of Analysis of Variance (ANOVA): ANOVA Analysis is performed for remaining six hypotheses. This test helps to know whether or not there are significant differences between the means of independent variables. The result of the test is shown as under:

 

Table 5: ANOVA Analysis

Dependent variable

Categorical Variable

F

Significance

Result

PoSH Awareness

Age Group

6.342

0.000

Reject H02

PoSH Awareness

Nature of Work Organization

1.788

0.171

Accept H03

PoSH Awareness

Job Position

3.782

0.003

Reject H04

PoSH Awareness

Type of Industry

5.586

0.000

Reject H05

PoSH Implementation

Nature of Work Organization

0.505

0.668

Accept H06

PoSH Implementation

Type of Industry

5.636

0.000

Reject H07

(Source: SPSS Output)

 

·       F value (6.342) at p<0.05 reject the null hypothesis and signifies that Awareness level about PoSH regulations is dependent upon employees’ age. It has emerged as a significant factor influencing awareness levels regarding PoSH regulations, with maturity exhibiting a positive correlation with awareness. As individuals mature, their understanding of legal and ethical work practices tends to increase.

·       The next hypothesis H03 is accepted because p (0.171) is more than 0.05. Hence, it can be inferred that the significant differences in the awareness level of employees regarding PoSH regulations is not dependent upon the nature of work organization. Every organization, regardless of whether it is government, semi-government, or private, must adhere to the regulations established to prevent sex-based Contact at offices.Top of Form

·       Furthermore, it is also found that Awareness about PoSH regulations is significantly different due to the job position of the employees. As individuals ascend the organizational hierarchy, their job roles require a deeper understanding of legal compliances. Employees in senior organizational positions demonstrate heightened awareness of PoSH regulations, underscoring the significance of senior management's comprehension and commitment to legal compliance.

·       Thereafter the p value (less than 0.05) disproves the H05 i.e. Awareness about PoSH regulation is also dependent upon the particular type of industry served by the business organization. Different industries have unique work environments and challenges, necessitating tailored approaches to sexual harassment prevention and Compliance.

·       The implementation of PoSH provisions hinges on the specific industry context, as work environments differ from one industry to another. The type of industry stands out as a crucial factor influencing the execution of PoSH regulations. This emphasizes the need for tailored interventions and training initiatives designed to tackle the distinct challenges and dynamics present in various sectors.

 

6. CONCLUSION AND RECOMMENDATIONS:

The findings of this research shed light on the awareness and implementation of Prevention of Sexual Harassment (PoSH) regulations among employees of Micro, Small and Medium Enterprises (MSMEs) in Rajasthan. Through a comprehensive analysis of various demographic factors, including age, gender, nature of work organization, job position, and type of industry, several key insights have been revealed as discussed earlier.

 

Addressing the gaps highlighted in this study can empower MSMEs in Rajasthan to cultivate inclusive workplaces where every employee feels valued, respected, and safeguarded from harassment. Here are several suggestions recommended by respondents for achieving this:

·       The organization must comply with PoSH provisions to ensure adherence to its guidelines. For instance, as one respondent noted, having a female supervisor for the complaint register ensures that female employees can comfortably discuss matters with confidentiality. This highlights the significance of PoSH regulations for all employees within the company.

·       Most of the respondents felt the need of developing tailored training programs that cater to different age groups, job positions, and industries. Implementing regular awareness campaigns within MSMEs can ensure employees are informed about their rights and responsibilities regarding sexual harassment prevention. These campaigns may include workshops, seminars, and distributed informational materials like newsletters.

·       Organizations must effectively communicate these policies to all employees and ensure consistent enforcement throughout the organization. Moreover, they should regularly review and update policies to align with best practices and legal standards. As illustrated by one respondent's suggestion, displaying signs such as "We prevent sexual harassment" boards outside the Company can serve as a proactive measure, akin to "This is a non-smoking area" sign.

·       The organization creates supportive organizational environment which ensures inclusivity, regard, and no room for sexual harassment. It can be ensure with leadership commitment, employee engagement initiatives, and promoting open communication channels for reporting incidents.

·       The organizations should establish mechanisms for monitoring and evaluating the accomplishment of sexual harassment prevention efforts within MSMEs. It can be done through regular surveys, analysing complaint data and seeking feedback from employees to identify areas for improvement.

·       The organizations should negotiate with Third party like government organisation, NGO, and industry associations, to access resources and expertise in sexual harassment prevention. This collaboration can provide additional support in developing and implementing effective prevention strategies.

·       The organization should equip the leaders and managers with the necessary skills and knowledge to handle such complaints sensitively and take appropriate action.

·       By following these tips, small and medium-sized businesses can help prevent sexual harassment and create a safe and respectful workplace for everyone.

 

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Received on 08.09.2024      Revised on 12.10.2024

Accepted on 11.11.2024      Published on 17.03.2025

Available online from March 26, 2025

Asian Journal of Management. 2025;16(1):1-6.

DOI: 10.52711/2321-5763.2025.00001

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