Until the landmark Vishaka judgment, working Indian women did not receive much protection or equality in the workplace. This changed with the onset of the POSH act. This act, more formally known as The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 aims to make workplaces safer for women by preventing, prohibiting, and redressing acts of sexual harassment against them. This act was enacted in 2013 by the ministry for women and child development and applies to the whole of India. The Act propelled India by national legislation to a select league of nations that have outlawed sexual abuse in the workplace. The act applies to both organized and unorganized sectors. Further, this act only protects women from sexual harassment and not men. The act defines ‘sexual harassment’ under section 2(n) as various unwelcome acts such as physical contact and sexual advances, demand or request for sexual favors, making sexually colored remarks, showing pornography, and/or any other unwelcome physical, verbal or non-verbal conduct of sexual nature. It is clear that the definition is quite subjective. The act defines the workplace as not limited to the physical office but also any place visited by the employee arising out of or during employment. The beneficiaries of this act are any women irrespective if they work for the company where the crime was committed or not. The mandates of this act are:
The PoSH Act holds employers liable for ensuring that their workers are safe in the workplace. They must take steps in this respect to ensure that their workers are protected from all employees and non-employees who might enter the workplace.
One of the two remedial bodies under the PoSH Act is the Internal Committee (IC). Any workplace employer with 10 or more staff is required to constitute an IC. The IC is responsible for hearing and redressing any sexual harassment complaints in such workplaces.
While it is only necessary to create ICs for workplaces with 10 or more employees, this does not mean that women working in all other workplaces do not receive protection under the PoSH. In every district responsible for hearing and redressing sexual harassment complaints from workplaces that may have less than 10 employees, the PoSH Act also requires the establishment of a Local Committee (LC). In the event such a complaint is against the employer of a workplace itself, the LC also redresses complaints.
As the case may be, the IC/LC is required, per the provisions of the service rules applicable to the respondent, to conduct an investigation into every complaint of sexual harassment within ninety days (90 days) of the complaint being lodged. The IC/LC is required to prepare a report of its findings upon the completion of an inquiry. The IC/LC may recommend the employer or the District Officer to take action against the accused if the allegations of sexual harassment are proven.
Each employer is obligated by the PoSH Act to organize periodic sensitization workshops for all its employees so that they are well versed in the provisions of the Act, the remedial procedures of the organization, and the consequences of engaging in acts that constitute sexual harassment. Such workshops/training sessions must be organized by individuals who are POSH sensitization experts or experienced.
The PoSH Act takes false and malicious accusations into account and provides for strict action against them. If the IC/LC finds that a sexual harassment allegation is false, it may recommend that the employer or district officer, following the provisions of the service rules applicable to them, take action against the woman or the person who has made the complaint.
This act is an example of Judicial activism and India's growing efforts to provide for the tenets of its constitution.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
