Introduction
The Prevention of Sexual Harassment (POSH) Act, 2013, is a significant step towards
ensuring safe and secure workplaces in India, free from sexual harassment. This
legislation was enacted in response to the need for a comprehensive framework to
address workplace harassment, primarily following the landmark Vishaka guidelines
by the Supreme Court of India in 1997.
Main Purpose of the POSH Act
The main purpose of the POSH Act is to provide protection against sexual harassment
for women in the workplace. It also provides the recognition of legal redress for the
victims, protection of their rights as well as puts in place a check and balance in
organizations. The Act therefore covers all workplaces, in the organized as well as the
unorganized sectors, the private and public enterprises, the government, non
governmental organizations, learning institutions, hospitals, and other institutions.
What Constitutes Sexual Harassment?
The POSH Act broadly defines sexual harassment and covers a wide range of
inappropriate actions. This encompasses unwelcome physical contact or advances,
demands for sexual favors, making sexually colored remarks, displaying pornography,
and any other verbal or non-verbal conduct of a sexual nature. The Act also makes
provision for instances where harassment may be quite subtle thus making it
possible to address such situations.
Internal Complaints Committee (ICC)
The Prevention of Sexual Harassment (POSH) Act mandates that organizations with
ten or more employees must establish an Internal Complaints Committee (ICC). The
ICC’s roles are mainly to accept complaints of sexual harassment, investigate the
cases, and make recommendations as necessary. The committee must be headed by
a senior female employee and include at least one external member to ensure
impartiality.
In organizations having less than ten employees or in the unorganized sector the
Local Complaints Committees (LCC) are constituted by the District Officer for
redressing the complaints of sexual harassment.
Key Features and Procedures:
Mechanism for Filing Complaints: A woman who feels that she has been treated
unfairly has the right to lodge a written complaint to the ICC or LCC within three
months from the time of the incident. But this period may be extended under
reasonable causes.
Investigation and Resolution Process: Upon receipt of a complaint, the ICC or LCC is
required to conduct a thorough investigation. Throughout this procedure, both
parties are entitled to present their case, and the inquiry must be concluded within
90 days. After, the committee will write a report to the employer with
recommendations that can include a disciplinary measure, compensation, or other
corrective measures.
Confidentiality: The Act, also sets huge value of confidentiality in protecting the
identity of the complainant and the proceedings. This is especially important to
prevent the suffering party from any further abuse or predatory actions.
Protection Against Retaliation: The Act protects the complainant against retaliation
or victimization because he or she complained. It is worth noting that employers are
also barred from practicing retaliations in any way.
Role of Employers:
The employers must fulfill the provisions outlined in the Prevention of Sexual
Harassment (POSH) Act since they play a very important role in maintaining the
provisions of the guidelines. They are responsible for creating awareness about
sexual harassment and the Act’s provisions. This includes organizing regular
workshops and sensitization programs for employees and ICC members. It is also a
legal requirement that employers put up the Act against sexual harassment in the
workplace. Some sanctions have been prescribed for non-adherence to the
provisions of the POSH Act and repeated violations may lead to stricter penalties,
including the cancellation of the business license.
Why the POSH Act is important?
The Prevention of Sexual Harassment (POSH) Act is an important and empowering
piece of legislation that provides women with a legal framework to address and
combat workplace harassment. This act, thus, not only provides legal provisions for
complaining and seeking remedy but also serves as a deterrent, fostering a safer and
more respectful work environment. By helping the employer ensure that the
workplace is free from harassment, the Act fosters an environment where women
can freely work without threats of being harassed or discriminated against.
Challenges and Future Outlook
The POSH Act is a good attempt to safeguard women’s rights from sexual harassment
in the workplace but it is facing several challenges during its implementation.
Unfortunately, many organizations remain ignorant or simply fail to form the
necessary Internal Complaints Committees (ICCs). Still, for some women, coming
forward is a problem bearing in mind the measures in place because of the stigma or
reprisal that they stand to face. There is also criticism about the Act’s scope as it only
concerns women and does not cover men and trans-gendered persons who may also
be harassed. To support it is necessary to establish strict supervision over the Act and
increase its recognition by employers and employees.
In the future training needs to happen not only regarding the legal issues but also
regarding the culture change in the workplace regarding respect and diversity. If
concrete measures are continued to be implemented, then the POSH Act has the
potential to create better working environments across the country.
Conclusion
Prevention of Sexual Harassment (POSH) Act 2013 is still one of the foremost anti
sexual harassment legislation that seeks to eliminate and deal with cases of sexual
harassment in the workplace. Most of these pieces of legislation have been
beneficial by offering clear policies and avenues by which women’s empowerment is
upheld while making employers accountable. Nevertheless, its great impact will be
realized only where there is a sustained application of the provisions, increased
awareness of them, and the cooperation of both employers and employees in the
creation of a safe and civil working environment.
