Frequently Asked Questions
What is Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoshAct), all about?
Until 1995, India did not even recognize or acknowledge the existence of sexual harassment at work places. The first time anyone even mentioned about sexual harassment at work places was in the case of Rupan Deol Bajaj vs. K P S Gill Case [1995 SCC (6) 194]. In this case, a woman IPS officer alleged harassment by a male superior. He was charged under the provisions of Indian Penal Code because of the absence of any laws to this effect. In the year 1997, in Vishaka & Othrs. vs. State of Rajasthan & Othrs. [(1997) 6 SCC 24], where a woman employee was raped, the Supreme Court was appalled that government had not laid down any law on this subject. Therefore, it formulated guidelines for prevention of sexual harassment of working women at all work places. It was only in December 2013 that the Indian Government brought into force the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”).
What is sexual Harassment?
Sexual Harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:-
- Physical contact and advances; or
- A demand or request for sexual favours; or
- Making sexually coloured remarks; or
- Showing pornography; or
- Any other unwelcome physical, verbal or non verbal conduct of sexual nature;
Is it mandatory for establishments to set up an Internal Committee?
Yes, any company or establishment that has more than 10 employees, irrespective of whether it employs women or not, has to set up an internal committee to deal with cases of sexual harassment;
Is it mandatory to provide training / awareness programs to its employees and Internal Committee?
Under Chapter VI of POSH sub section (c) every employer has to organise workshop and awareness programmes at regular intervals for sensitising employees with the provisions of the Act and orientation programmes for internal committee.
Is an annual report required to be filed under #PoSHAct? Who should file it?
Yes, an annual report in a prescribed form has to be filed as per prescribed form and sent to the appropriate authority designated for the specific district. Annual report should be filed by the employer.
