The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the POSH Act, was enacted to create a safe and respectful work environment for women across India.
The legislation serves as a crucial step in protecting women’s right to equality, safeguarding them from sexual harassment at their workplaces, and ensuring their dignity is upheld.
The Supreme Court of India defines sexual harassment as any unwelcome, sexually determined behavior, whether physical, verbal, or non-verbal. The POSH Act identifies several forms of sexual harassment, including:
· Physical contact or advances
· Requests or demands for sexual favors
· Making sexually colored remarks
· Showing pornography
· Any other unwelcome behavior of a sexual nature
This legislation emphasizes that sexual harassment is characterized by being unwelcome and sexual in nature, with a focus on the impact of the behavior rather than the intent. It often occurs in situations where there is a power imbalance between the harasser and the victim.
Key Features of the POSH Act
Applies to All Workplaces: One of the most significant aspects of the POSH Act is its wide applicability. The law covers both organized and unorganized sectors, ensuring that women of all employment statuses, whether part-time, full-time, or even visiting workers, are protected. It also extends to all women, regardless of age.
Internal Complaints Committee (ICC): The law mandates that all employers, irrespective of the organization’s size, establish an Internal Complaints Committee (ICC) to handle complaints of sexual harassment. The ICC is composed of both internal members from the workplace and external experts, such as members from NGOs or social workers, to ensure impartiality.
Duties of ICC: The ICC is tasked with conducting confidential inquiries, ensuring that the complainant feels safe and supported throughout the process. The committee also holds fair hearings and recommends appropriate actions, which could include penalties, transfers, or dismissals, depending on the severity of the case.
Penalties for Non-Compliance: Employers who fail to comply with the provisions of the POSH Act may face severe penalties, including fines, possible cancellation of business licenses, and reputational damage. The law places a responsibility on employers to prevent harassment by raising awareness, organizing training programs, and enforcing the law effectively.
Women’s Rights Under the Act: The POSH Act recognizes the legal right of every woman to a workplace free from harassment. It defines an “aggrieved woman” as someone who alleges to have been sexually harassed in relation to their workplace. This definition includes women of all ages and employment statuses, irrespective of their role or type of work.
The legislation reinforces that sexual harassment is a gross violation of a woman’s right to equality and dignity. By protecting women from such acts, the law promotes a safer, more equitable working environment.
Speaking Up Against Harassment: Sexual harassment should never be tolerated under any circumstances. Women who experience unwelcome behavior of a sexual nature that creates an intimidating or hostile work environment are encouraged to file complaints. Complaints can be made to the ICC or, if unavailable, to the Local Complaints Committee (LCC).
In an effort to make reporting easier, the government has introduced the SHe-Box portal (https://shebox.wcd.gov.in/) where complaints can be registered online. Additional support is available through the Women Helpline at 181 or the nearest Sakhi – One Stop Centre.
(Source: DIPR)