In a time where inclusivity and equality are not just encouraged but mandated, it is critical to comprehend laws such as the Prevention of Sexual Harassment (POSH) Act. The POSH Act, officially known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, was enacted in 2013 by the Indian Legislature in response to the landmark judgment in the Vishaka case. This act is a comprehensive legal framework aiming to prevent and address sexual harassment in the workplace and ensure a safe working environment for women.
Here is a structured breakdown to help employers, employees, and even the self-employed grasp the essentials of the Act.
The Scope of the Act
The POSH Act has a wide range of applications, encompassing both organized and unorganized sectors and encompassing all women, rrespective of their age or work status. Employers are required by the legislation to establish a sexual harassment policy and to notify all staff members about it. The intention is to promote an environment where sexual harassment is not accepted, and workplace dignity is upheld. It covers all companies with more than 10 workers and acknowledges that sexual harassment against women can occur not just in offices but also in any setting related to work, such as a moving vehicle. Workplaces must provide periodic training sessions and awareness programs to educate staff members on the subtleties of sexual harassment, the associated legal consequences, and the procedures for seeking redressal.
Definition of Sexual Harassment
Any unwanted sexual behavior, whether overt or covert, such as physical contact, requests for or demands for sexual favors, comments with a sexual bent, the display of pornographic material, or any other unwanted physical, verbal, or nonverbal conduct of a sexual nature, is considered sexual harassment under the POSH Act. Sexual harassment, as defined by the POSH Act, comprises any one or more of the following unwanted acts or behaviors
- Physical contact or advances
- A demand or request for sexual favors
- Making sexually colored remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
Responsibilities of Employers
The POSH Act places several critical responsibilities on employers to ensure a workplace that is safe and respectful for all women. These responsibilities include
- Create Awareness: Employers must conduct awareness programs and create discussion forums around gender sensitivity and legal literacy.
- Establish Committees: A mandate under the act is to set up an ‘Internal Complaints Committee’ (ICC) at every office or branch with ten or more employees.
- Provide a Safe Working Environment: Employers must ensure a safe working environment free from sexual harassment, which includes displaying notices regarding the consequences of indulging in such activities.
- Organize Training Programs: Regular workshops and training programs should be organized to educate employees about the POSH Act.
By fulfilling these responsibilities, employers play a pivotal role in implementing the POSH Act, ensuring that the workplace is a secure and dignified space for every woman.
The Complaint Mechanism
The POSH Act provides a systematic approach for handling complaints of sexual harassment, with the following procedure
- Filing of Complaint: The mechanism begins with the aggrieved woman complaining within three months of the date of the last incident. This timeframe can be extended if the woman can provide sufficient reason for the delay.
- Internal Complaints Committee (ICC): Each organization must have an ICC, with a senior woman employee as chairperson and half of its members being women.
- Conciliation: Before initiating an inquiry, the ICC may take steps to settle the matter through conciliation at the request of the aggrieved woman. No monetary settlement can be made as a basis of conciliation.
- Inquiry Process: If conciliation is not requested or does not resolve the matter, the ICC proceeds with a formal inquiry, maintaining confidentiality throughout the process.
- Action Against Offenders: Upon completion of the investigation, if the accused is found guilty, the POSH Act mandates that the organization take action. This may range from a written apology to termination of employment, depending on the severity of the case.
By mandating this process, the POSH Act ensures a robust and sensitive handling of sexual harassment complaints in the workplace, providing a safer environment for women to work.
Preventive Measures
The POSH Act emphasizes a proactive stance on the prevention of sexual harassment through various measures
Sensitization and Training: Regular sensitization and awareness programs should be conducted to educate the employees about the POSH Act. The objective is to foster a workplace culture of respect and understanding of what constitutes sexual harassment, the repercussions of such behavior, and the rights and protections afforded under the POSH Act.
Policy Development: Organizations are mandated to develop a sexual harassment policy. This policy should communicate zero tolerance towards such behavior, define what constitutes harassment, and outline the procedures for reporting and dealing with complaints. It should also detail the consequences of violating the policy to deter potential offenders.
Safe Reporting Mechanism: A safe and confidential mechanism should be in place for reporting sexual harassment cases. This ensures that individuals who experience or witness sexual harassment can come forward without fear of retaliation or stigma. The system should protect the complainant’s identity and provide a clear, accessible pathway for lodging complaints.
By institutionalizing these preventive measures, the POSH Act not only seeks to tackle issues after they arise but also to create an environment where sexual harassment is less likely to occur.
How the POSH Act Has Brought Impactful Change in Workplace Culture?
The POSH Act has significantly altered workplace culture in India by instituting a strong legal framework against sexual harassment, mandating the formation of Internal Complaints Committees, and compelling organizations to adopt explicit anti-harassment policies. These measures have led to a cultural shift towards increased sensitivity and respect, improved reporting of harassment cases, and a zero-tolerance attitude towards such behavior. The Act has heightened employer vigilance, promoted women’s participation in the workforce, enhanced organizational reputations, and contributed to better job satisfaction and productivity. Essentially, the POSH Act has been a catalyst for creating safer and more inclusive work environments.
Final Thoughts
The POSH Act is a testament to the progress that has been made in creating a safer work environment for women in India. It’s an opportunity for organizations to lead by example, demonstrating that a workplace may be a place where people can advance professionally and also feel secure and respected.
Nonetheless, businesses’ and employees’ active engagement is necessary for the Act to be implemented successfully. For businesses, this is going above and beyond what the law requires to provide an environment where everyone’s safety and dignity are truly valued. For individuals, it entails being aware, watchful, and encouraging. Together, we can move towards a truly inclusive and harassment-free workplace.