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Prevention of Sexual Harassment in the workplace

The POSH Act full form (Prevention of Sexual Harassment) Act refers to the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, enacted by the Indian Parliament. This law was introduced to provide protection against sexual harassment of women in the workplace and for the prevention and redressal of complaints related to sexual harassment.

The POSH Act is a significant step in ensuring a safe and respectful work environment for women in India, aiming to protect their rights and dignity at the workplace.

What is Sexual Harassment?

➢ANY UNWELCOME ACT or behaviour
➢SEXUAL in nature
➢A SUBJECTIVE experience
➢IMPACT not the Intent that matters

Sexual Harassment includes:

  • Stalking, Physical contact, Abusive Sounds
  • Making sexually coloured remarks or Showing pornography or the likes;
  • Demand or request for sexual favours;
  • HOSTILE WORK ENVIRONMENT or Interference with her work
  • Humiliating treatment likely to affect her health or safety
  • Implied or explicit TREATMENT promise of PREFERENTIAL in her employment; or
  • Vulgar/indecent jokes, phone calls, text massages, e-mails,
  • Implied or explicit in her THREAT ABOUT PRESENT ANDFUTURE EMPLOYMENT STATUS
  • Using sexually abusive language or signs in the presence of woman employee;
  • Physical confinement or touches against the will and likely to intrude upon one’s privacy;

Key Provisions of the POSH Act India:

What is posh act: The Act provides a broad definition of what constitutes sexual harassment. It includes physical contact and advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. The posh act 2013 also called sexual harassment act 2013.

The posh bare Act is applicable to all workplaces in India, including the private sector, public sector, government bodies, non-governmental organizations, and even places where women may visit as part of their employment.

Every organization with 10 or more employees is required to constitute an Internal Complaints Committee (ICC) at each office or branch. The ICC is tasked with handling complaints related to sexual harassment.

In cases where an organization has fewer than 10 employees or if the complaint is against the employer, the Act mandates the creation of a Local Complaints Committee (LCC) at the district level.

The Act outlines a specific procedure for filing complaints, conducting inquiries, and delivering justice. The complainant must submit a written complaint within three months of the incident, extendable by another three months if justified.

The Act mandates confidentiality of the complainant’s identity and details of the complaint. Any breach of confidentiality is subject to penalty.

If the accused is found guilty, the ICC/LCC can recommend actions such as a written apology, reprimand, suspension, termination, or any other punishment as deemed appropriate. False complaints and malicious intent are also punishable under the posh act bare act.

Employers are required to create awareness about the POSH Act, conduct regular training and workshops, and display information about the rights of employees and the details of the ICC.

The ICC is required to submit an annual report detailing the number of complaints received, disposed of, and any pending cases.

Indian Law on Sexual Harassment

  • The Constitution of India The Constitution of India,
  • Vishaka Vs. State of Rajasthan (Vishaka guidelines),
  • Industrial Employment (Standing Orders) Act, 1946
  • The Indian Penal Code (Section 209, 354, 376 and 509), 1860;
  • The Objectives of these laws is Prevention + Protection + Redressal
  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules made thereunder.

Duties of the Employer

Support to the ICC: Provide necessary facilities for conducting inquiries, assist in securing the attendance of the respondent and witnesses, and ensure compliance with the recommendations of the ICC.

Preventive Measures: Ensure a safe working environment, display details of the Act and the ICC, organize awareness programs, and sensitize employees.

The Indian Penal Code Provision

  • Section 509 – Word, gesture or act intended to insult the modesty of a woman
  • Section 354 A: Sexual harassment and punishment for sexual harassment
  • Offence: making any sound or gesture, exhibiting any object, utterance of any word,
  • With an intention to intrude upon the privacy of such woman such woman
    1. Nature of offence: Cognizable
    2. Punishment: Simple imprisonment up to 3 years + fine
  • Amendment to the Indian Penal Code Provision

Compliance Requirements under PoSH Act 2013:

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the PoSH Act, is a legislative framework in India designed to prevent and address sexual harassment at the workplace.

Compliance with the PoSH Act is mandatory for all organizations in India, and the key elements of compliance include:

  • Mandatory Formation: Every organization with 10 or more employees must constitute an Internal Committee (IC) at each office or branch.
  • Composition: The IC should be headed by a senior woman employee, and at least half of the members should be women. It must include an external member from an NGO or someone familiar with issues relating to sexual harassment.
  • Anti-Sexual Harassment Policy: Organizations must draft and implement an Anti-Sexual Harassment Policy. This policy should detail the organization’s commitment to preventing sexual harassment, procedures for filing complaints, and the redressal process.
  • Communication: The policy must be communicated to all employees, and they should be made aware of the mechanisms available to address grievances.

  • Employee Training: Regular training programs and workshops should be conducted to sensitize employees about sexual harassment, the provisions of the PoSH Act, and the organization’s policy on sexual harassment.
  • IC Training: Members of the IC should be provided with specialized training to handle complaints, conduct inquiries, and understand the nuances of the PoSH Act.

  • Filing of Complaints: The IC must handle complaints in a confidential and timely manner, ensuring that the complainant is not subjected to any victimization.
  • Inquiry Process: The IC must follow the prescribed process for inquiry, allowing both the complainant and the respondent to present their case.
  • Recommendations and Actions: Based on the inquiry findings, the IC can recommend appropriate action against the respondent, including disciplinary action, if the complaint is substantiated.

  • Filing of Annual Report: The IC is required to prepare an annual report on the number of cases filed, the nature of cases, and the action taken. This report should be submitted to the employer and the District Officer.

  • Submission to District Officer: Employers must submit annual compliance reports to the District Officer, detailing the number of cases and their outcomes.

  • Maintenance of Confidentiality: All proceedings, information, and documents related to a complaint must be kept confidential by the IC and the organization.

  • Fines and Penalties: Non-compliance with the PoSH Act can lead to penalties, including fines of up to INR 50,000 for the first offense. Repeated violations may lead to higher penalties, including cancellation of business licenses.
  • Interim Relief: The IC can recommend interim measures for the complainant during the inquiry process, such as transferring the complainant or the respondent or granting leave to the complainant.
  • Inclusion of Contractors: Organizations must also ensure that third-party contractors, vendors, and other associates are aware of and comply with the organization’s PoSH policy.

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