What is the POSH Act?

What is the POSH Act?

The POSH (Prevention of Sexual Harassment) Act, implemented to prevent and safeguard women against workplace sexual harassment, mandates every company with more than ten employees to establish an Internal Complaints Committee (ICC) following specific guidelines. The ICC is responsible for promptly and confidentially addressing complaints of any form of sexual harassment reported by women. Its crucial to note that the POSH Act is not gender-neutral, allowing only women to file complaints under its provisions....

Provisions of the POSH Act

The legislation defines workplace sexual harassment and establishes a framework for addressing complaints, incorporating safeguards against unfounded or malicious accusations. Key provisions include:...

SHe-Box

The Ministry of Women & Child Development introduced the SHe-Box as a platform for women, regardless of employment status, to register complaints related to sexual harassment. The portal ensures that complaints are promptly forwarded to the relevant authority with jurisdiction to address the matter....

Defining Sexual Harassment under the POSH Act

The POSH Act aligns its definition of ‘Sexual Harassment‘ with the Supreme Court’s interpretation in the Vishakha Judgment. It encompasses unwelcome sexually suggestive behaviour, whether explicit or implied, covering physical contact, requests for sexual favours, sexually coloured remarks, displaying pornography, or any other unwelcome conduct of a sexual nature....

Characteristics Defining Impact

The Act’s impact is defined by its comprehensive definition of sexual harassment, the establishment of committees for complaint redressal, and mechanisms for accountability. It stands out for its inclusivity, covering various sectors and reflecting a commitment to creating safe and harassment-free spaces for women....

Development of Legislation Addressing Workplace Sexual Harassment

The foundational principles of India’s Constitution have long emphasized the eradication of gender-based discrimination. The commitment to gender equality is explicitly embedded in various parts of the Constitution, including the Preamble, fundamental rights, fundamental duties, and Directive Principles. Nevertheless, the issue of workplace sexual harassment in India gained official recognition for the first time through the landmark Vishakha v. State of Rajasthan judgment by the Supreme Court....

Determining Instances of Sexual Harassment

The POSH Act outlines specific circumstances that, among others, may amount to sexual harassment. These include an implied or explicit promise of preferential treatment or a threat of detrimental treatment in employment. It also covers situations involving an implied or explicit threat to present or future employment status, interference with work leading to an intimidating or offensive work environment, or humiliating treatment affecting the female employee’s health or safety....

Sexual Harassment at Workplace Act, 2013: An Overview

Workplace environments should be spaces of professionalism, collaboration, and respect. The Sexual Harassment of Women at Workplace Act, 2013, plays a pivotal role in ensuring this. The following are its key components:...

Conclusion

In the transformative landscape of workplace dynamics in India, the Sexual Harassment of Women at Workplace Act, 2013, stands as a beacon of change. Rooted in constitutional principles and aligned with global human rights standards, this legislation signifies a paradigm shift toward gender equity and justice. It not only defines sexual harassment comprehensively but also establishes mechanisms for prevention, redressal, and accountability. As the nation continues its journey towards inclusivity, the Act’s impact is poised to resonate across diverse professional realms, fostering safer, more inclusive workplaces and upholding the dignity and equality of women....

Frequently Asked Questions (FAQs):

1. Why was the POSH Act of 2013 enacted, and what were the challenges it aimed to address?...