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Posh law - Procedure as the Handmaiden of Justice": Overcoming Technical Loopholes in POSH Enforcement.

A recurring vulnerability in employment law is the weaponization of hyper-technical procedural rules to shield severe workplace misconduct. In high-stakes disciplinary actions, respondents frequently scour dense, legacy civil service rules or ancient standing orders to find minor administrative omissions, using them to stall, invalidate, or completely quash severe penalties. In Arun A. Iyer v. IIT Bombay, the Bombay High Court forcefully addressed this issue, reminding corporate and institutional employers that "procedure is the handmaiden of justice," designed to facilitate equity rather than act as a technical loophole for evasion. The Court observed that a highly formalistic, myopic approach cannot be adopted when interpreting enforcement mechanisms under specialized, welfare-driven legislations like the POSH Act . When an autonomous institution or a corporate entity possesses a robust internal framework that explicitly outlines how sexual harassment complaints are investi...
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Status of Local Committee formation under POSH.

According to Section 6(1) of the Act, "Every District Officer shall constitute in the district concerned a committee to be known as the "Local Complaints Committee" to receive sexual harassment complaints from establishments where the Internal Committee has not been formed because it has fewer than ten employees or if the complaint is against the employer himself."

The Local Complaints Committee was changed to become the Local Committee in May 2016, broadening its mandate from merely handling complaints to one that requires it to act proactively to combat sexual harassment.

According to a report by the Martha Farrell Foundation, POSH policies are not generally being followed to its fullest extent (2018). In accordance with this research, 655 districts had 56 percent of requests for data sets from operating Local Committees ignored. Only 29% of districts claimed to have created LCs, and 15% of those districts still hadn't done so.

43% of respondents from the unorganized sector said they had at least once felt uneasy around a coworker. It is crucial to recognize the part stigma plays. The stigmatization of women increases with their level of marginalization, and many may not have the backing of their families to come forward and report workplace sexual harassment.

The Local Committee has the potential to sustain the spirit of the Vishakha principles through efficient execution. Since 95% of women in India's workforce are employed in the unorganized sector, strengthening the LC's operations would help the country's deeply ingrained patriarchal systems while ensuring institutional accountability.

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