Every year, March 8 is celebrated as International Women’s Day, a time to acknowledge the achievements of women and advocate for gender equality. In India, one of the most significant steps toward ensuring women’s safety and dignity in the workplace has been the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the POSH Act.
What is the POSH Act?
The POSH Act was enacted to provide a legal framework to prevent and address sexual harassment at workplaces in India. It ensures a safe and respectful work environment for women across all sectors, from corporate offices to informal workplaces.
The Act is based on the Vishaka Guidelines, laid down by the Supreme Court of India in 1997 after the landmark Vishaka v. State of Rajasthan case. These guidelines were the first step toward recognizing workplace sexual harassment as a violation of women’s fundamental rights.
Key Provisions of the POSH Act
- Definition of Sexual Harassment: The Act broadly defines sexual harassment to include unwelcome physical contact, sexually colored remarks, demands for sexual favors, showing pornography, and any other unwelcome sexual conduct.
- Applicability: The law applies to all workplaces, including private organizations, government offices, NGOs, educational institutions, and the informal sector.
- Internal Complaints Committee (ICC): Every workplace with 10 or more employees must set up an Internal Complaints Committee (ICC) to address complaints of sexual harassment.
- Local Complaints Committee (LCC): For organizations with fewer than 10 employees or for women who experience harassment from someone outside their organization, a Local Complaints Committee (LCC) must be established at the district level.
- Confidentiality: The Act ensures that complaints, investigations, and proceedings remain confidential to protect the victim’s identity.
- Time-bound Process: The ICC or LCC must complete the inquiry within 90 days, and appropriate action must be taken within 60 days thereafter.
- Penalties for Non-Compliance: Employers who fail to comply with the provisions of the Act may face fines and other penalties, including the cancellation of business licenses.
The Impact of the POSH Act
Since its implementation, the POSH Act has played a crucial role in promoting safer workplaces for women. Many organizations have taken proactive measures by conducting awareness programs, training sessions, and ensuring compliance. However, challenges such as underreporting, fear of retaliation, and lack of awareness still exist. More efforts are needed to strengthen its implementation and encourage women to report harassment without fear.
Way Forward: Empowering Women in the Workplace
On this International Women’s Day, let’s reaffirm our commitment to creating safer and more inclusive workplaces for women. Employers must prioritize POSH compliance, employee sensitization, and a zero-tolerance policy for harassment. Encouraging open dialogue and supporting survivors can make a significant difference in achieving gender equality and workplace dignity.
At Sankhla Corporate Services Pvt. Ltd., we specialize in labor law compliance, including POSH Act implementation and training. Contact us to ensure your workplace is fully compliant and fosters a culture of respect and equality.
This International Women’s Day, let’s stand together for a safer and harassment-free workplace for all women!
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