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Prevention of Sexual Harassment (PoSH)

What is PoSH Act 2013?

The Prevention of Sexual Harassment (PoSH) Act, officially known as the “Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013”, is a law in India designed to protect women and all employees from sexual harassment at the workplace.

POSH Act 2013 is India’s first codified legislation specifically formulated to deal with three specific purposes:

  • prevention,
  • prohibition, and
  • redressal

This women harassment Act came into force on December 9, 2013, and is legally binding on all employers and workplaces.

Foundation of the Act

This India Sexual Harassment Act is an extension of the Vishakha Guidelines issued by the Supreme Court in 1997 and its foundation lies in:

  • Constitution of India: Article 14, 15 & 21 2) UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), July 9, 1993 The POSH Act was the need of the hour as women faced rampant harassment at workplace. Sexual harassment faced by women at the workplace has been recognized in this Act as a violation of their fundamental rights granted under the Indian Constitution. Article 14 and 15 of the Constitution that guarantees Right to Equality, as well as Article 21(3) that ensures Right to live with dignity, are the rights of a woman that are greatly marginalized due to sexual harassment. With the implementation of this Act, the responsibility to provide a safe & secure work environment to every female worker lies squarely on the employer. Statutory Requirements under POSH Act The POSH Act is binding on all and mandates that all Public and Private Sector Organizations in India comply with certain statutory requirements. The onus to ensure PoSH at work for women lies on the employers and managements and for this, they are directed to:
  • Form an Internal Complaints Committee,
  • Provide Periodic PoSH Training on Sexual Harassment law, and
  • Develop an effective Complaint lodging and Redressal Policy. Know All about the Internal Complaints Committee Under Section 4 of the POSH Act at all workplaces with 10 or more employees, the employer must form an Internal Complaints Committee (ICC). This is an obligation that must be adhered to by public and private organizations. This initial in-house body plays the most important role in ensuring the smooth functioning of the provisions of the POSH Law and also towards the fulfillment of its objectives. An aggrieved woman has to approach the ICC to file a complaint relating to sexual harassment. After receiving the complaint from the aggrieved woman, the Committee inquires into the matter and accordingly makes recommendations. The Internal Complaints Committee’s major functions entail:
  • forceful implementation of the policies relating to the prevention of sexual harassment,
  • strive to resolve complaints by the aggrieved complainant, and
  • henceforth, recommend actions to be taken by the employer.

 

Constitution of Internal Complaints Committee

  1. Notification: Sec 4 (1) The formation of the Internal Complaints Committee must be officially notified by an employer through an order in writing and such notification should be validated by the CEO or Board too. In case there are different offices of the same organization, then the Committee needs to be constituted at every office or unit.
  2. Composition: Sec 4(2) The Committee must consist of the following members:
  • A Presiding Officer: This must be a senior female employee of the organization.
  • Two employee members: These employees must be aware and sensitive to gender issues and dedicated to the cause of women or possess some legal knowledge on related matters. • One external member: This should be from an NGO or Association committed to the cause of women and issues related to sexual harassment. The composition should be such that half of the total members must be women.

Why should the internal compliance committee be constituted?

Sexual harassment in the workplace is a delicate issue that requires caution, patience, and understanding. To provide a harmonious and harassment-free workplace for all employees, the complaints must be resolved as quickly as possible. As a result, forming an IC sends a clear message that the organization cares about women’s safety. Furthermore, this is a legal requirement, and failure to comply can result in severe penalties, including the loss of a business licence.

The organization’s internal compliance committee is authorized to carry out the following tasks:

  • Creating a Sexual Harassment Prevention Policy for the Organization (POSH)
  • Working to make the workplace a safe and respectful environment for all employees
  • Organizing programmes to raise awareness at regular intervals
  • Organize meetings:
  • In the event that any form of misconduct or sexual harassment has occurred, to address a complaint submitted by any of the female employees, to settle grievances, and to ensure that appropriate compensation is provided.
  • If the aggrieved woman decides to pursue a sexual harassment case in court, we will assist her in filing a police report.

 

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