The Prevention of Sexual Harassment (POSH) Act, 2013
The
Prevention of Sexual Harassment (POSH) Act, also known as the Sexual Harassment
of Women at Workplace (Prevention, Prohibition, and Redressal) Act, was enacted
in India in 2013.
What is sexual harassment?
the POSH act defines sexual harassment as any one or more of the following unwelcome acts or behaviors committed directly or indirectly against a woman on the workplace
- Physical advancement or contacts
- Demands or requests of sexual favors
- Showing pornography
- Passing of sexually colored remarks
- Directly or indirectly offering preferential treatment in employment
- Directly or indirectly threatening unfavorable treatment in employment
- Directly or indirectly threatening future employment prospects
- Creating a hostile work environment or constant interference in work
- Humiliating treatment likely to affect health and safety
The key features of POSH act are given below:
Definition of Sexual Harassment: The act defines sexual harassment broadly to include unwelcome sexually determined behaviour, physical contact and advances, demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
Applicability: The POSH Act applies to all workplaces in India, including both the public and private sectors. It covers all women employees, regardless of their employment status (permanent, temporary, contract, etc.), and extends to women working as domestic workers or in the unorganized sector.
Duties of Employers: Under the act, employers are required to create a safe and harassment-free workplace environment by adopting a policy against sexual harassment, organizing awareness programs, and providing necessary support to victims of sexual harassment. Employers are also mandated to constitute Internal Complaints Committees (ICCs) at each workplace to receive and address complaints of sexual harassment.
Internal Complaints Committee (ICC): Every organization with ten or more employees is required to constitute an ICC, which must be headed by a woman and include at least one external member from a non-governmental organization or a person familiar with issues relating to sexual harassment. It is the responsibility of ICC to receive and redress the complaints of sexual harassment as soon as possible and sensitively.
Redressal Mechanism: The act provides for both informal and formal mechanisms for the redressal of complaints. Employees who experience sexual harassment have the option to file a complaint with the ICC or directly with the Local Complaints Committee (LCC) established by the district authority in cases where the employer fails to constitute an ICC.
Protection Against Retaliation: The POSH Act prohibits retaliation or victimization against employees who file complaints of sexual harassment or participate in an inquiry process. Employers found guilty of victimizing or retaliating against complainants are subject to penalties under the act.
Penalties
for Non-Compliance:
Non-compliance with the provisions of the POSH Act can result in penalties,
including fines and cancellation of business licenses or registrations.
Legal Remedies: In addition to the internal complaints mechanism provided by the ICC or LCC, individuals who experience sexual harassment in the workplace have the option to seek legal remedies through civil or criminal proceedings. This act gives powers to the victims to seek justice and compensation for any harm suffered resulting from sexual harassment.
Training Requirements: The POSH Act mandates that employers conduct regular awareness and sensitization programs on the prevention of sexual harassment in the workplace. This program is designed to educate employees about their rights and duties under POSH act, and to promote and nurture the culture of respect and gender equality.
Confidentiality: The POSH act, focuses on importance of keeping it confidential throughout the complaint handling process to protect privacy and dignity of both the complainant and accused. Information related to complaints of sexual harassment should be handled discreetly and only shared with individuals directly involved in the investigation.
Timely Redressal: The POSH Act requires that complaints of sexual harassment be addressed promptly and in accordance with the prescribed timelines. Employers have to ensure that the investigation of the cases are conducted in a fair and unbiased manner, and action against the offenders based upon the inquiry reports.
Responsibility of Employers: Employers are responsible for implementing preventive measures to eliminate sexual harassment in the workplace, including establishing a formal policy, displaying the policy prominently, and providing necessary infrastructure and support for the effective implementation of the act.
Overall the POSH act provides a framework for prevention, prohibition an redressal in all forms of sexual harassment. It is a significant step towards women safety at workplace and provide an harassment free environment which ultimately will promote gender equality in India.
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