Workplace safety is an essential aspect of employee well-being. In India, the POSH Act 2013 (Sexual Harassment of Women at Workplace – Prevention, Prohibition and Redressal Act) was enacted to create a safe and respectful work environment. But before diving deep, it is important to understand the background, why this law was needed, and how it shaped workplace culture in India.
Background and History of POSH Law in India
The roots of the POSH Act trace back to the famous Vishaka Guidelines issued by the Supreme Court in 1997 in the case of Vishaka vs. State of Rajasthan. These guidelines laid the foundation for addressing sexual harassment at the workplace, recognizing it as a violation of fundamental rights under Articles 14, 15, and 21 of the Indian Constitution.
Despite being progressive, the guidelines were not legally binding until 2013, when the POSH law was formally enacted. The Act came into force on December 9, 2013, making compliance mandatory for all organizations across India.
What is POSH?
The term POSH stands for Prevention of Sexual Harassment. The Act provides a legal framework to prohibit, prevent, and redress complaints of sexual harassment at the workplace. While primarily focused on women’s safety, questions such as “Is POSH Act gender neutral?” often arise. Currently, the law mainly protects women, but discussions about inclusivity continue.
Purpose and Scope
The objective of POSH Act 2013 is to:
- Prevent workplace harassment.
- Provide a redressal mechanism.
- Ensure employer accountability.
It applies to all workplaces in India, including corporate offices, government institutions, hospitals, educational institutions, NGOs, and even the unorganized sector like domestic workers.
Key Provisions and Features of POSH Act 2013
Some of the important provisions of POSH Act include:
- Definition of sexual harassment: Covers physical contact, demands for sexual favors, sexually colored remarks, showing pornography, or any unwelcome conduct of a sexual nature.
- Internal Complaints Committee (ICC/IC): Every organization with 10 or more employees must establish an Internal Committee to address complaints.
- District Officer’s Role: In areas where organizations have fewer than 10 employees, or where the employer is the respondent, a Local Complaints Committee (LCC) is constituted by the District Officer.
- Timeframe for complaints: Complaints must generally be filed within three months of the incident, extendable in special cases.
- Confidentiality: The Act strictly ensures privacy during the inquiry process.
Complaint Procedure under POSH Act
- The aggrieved woman submits a written complaint to the ICC within 3 months.
- The ICC conducts an inquiry, giving both parties a fair chance to present evidence.
- The inquiry report is to be submitted within 10 days to the employer/District Officer.
- Appropriate action, including disciplinary measures, is taken by the employer.
- Both parties have the right to appeal within 90 days.
Duties of Employers under POSH Law
Employers play a critical role in POSH Act compliance. Their duties include:
- Constituting an Internal Complaints Committee.
- Conducting awareness programs and training sessions.
- Displaying POSH policy at prominent places in the workplace.
- Assisting in filing complaints to ICC or LCC.
- Ensuring non-retaliation against the complainant.
Penalties and Punishments
Non-compliance with the POSH Act rules and regulations can lead to:
- Fines up to ₹50,000.
- Higher penalties for repeated violations.
- Possible cancellation of business license or registration.
Additionally, false complaints under POSH Act can attract penalties, but the law carefully ensures that genuine complaints are not discouraged.
POSH Act and Technology: SHe-Box
The Government of India launched SHe-Box (Sexual Harassment electronic Box), an online platform where women can file complaints of workplace sexual harassment. It integrates with the ICC and District Officers for quicker resolution.
POSH Act in Practice: Challenges and Misuse
While the law has been instrumental in empowering women, there are debates about misuse of POSH Act in certain cases. Critics also point out gaps such as limited gender inclusivity and awareness in rural/ unorganized sectors. However, amendments and awareness campaigns continue to strengthen its implementation.
POSH Act FAQs
Q1. When was the POSH law incorporated in India?
It was enacted in 2013 and came into effect on December 9, 2013.
Q2. Who can complain under the POSH Act?
Any woman who experiences sexual harassment at her workplace, including interns, contract workers, and domestic workers.
Q3. Is the POSH Act civil or criminal?
It provides a civil redressal mechanism, but certain acts of sexual harassment may also attract provisions of the Indian Penal Code (IPC).
Q4. What is the maximum punishment under POSH Act 2013?
Employers may face fines up to ₹50,000, cancellation of license, and disciplinary action against the offender.
Q5. Does POSH apply to men?
The Act is primarily for women. However, some organizations adopt gender-neutral POSH policies voluntarily.
Conclusion
The POSH Act 2013 is a landmark law ensuring dignity, equality, and safety for women at workplaces in India. From its origin in the Vishaka judgment to the current framework including SHe-Box and strict compliance requirements, it has evolved into a vital safeguard. For companies, compliance is not just a legal requirement but also a moral responsibility to build inclusive and safe workplaces.
Useful Links
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