The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013, or the POSH Act, is a crucial legal framework in India aimed at preventing and addressing
sexual harassment in the workplace. The POSH Act applies to all workplaces in India, including
both the organized and unorganized sectors. It covers women of all ages and includes interns,
volunteers, and even visitors or clients who may face harassment at the workplace.
Here are its key components:
Definition of Sexual Harassment: The POSH Act defines sexual harassment broadly,
encompassing unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature that creates a hostile or intimidating work environment.
Employer Responsibilities: Employers are obligated to provide a safe working environment
free from sexual harassment. They must establish internal complaint mechanisms, such as
forming an Internal Complaints Committee (ICC) and ensure awareness through training
programs.
Internal Complaints Committee (ICC): Every organization with ten or more employees must
constitute an ICC to address complaints of sexual harassment. The committee must include at
least one external member, preferably from an NGO or a legal background, and have 50% or
more of women members.
Complaint Procedure: The POSH Act mandates a specific procedure for filing complaints,
including maintaining confidentiality, conducting fair and impartial inquiries, and providing
protection against victimization for the complainant.
Penalties for Non-Compliance: Employers who fail to comply with the provisions of the POSH
Act can face penalties, including fines and cancellation of business licenses.
Redressal Mechanism: The Act ensures that victims have access to remedies such as
compensation, apology, and assistance in accessing support services. It emphasizes providing
a conducive environment for the victim’s continued employment.
Awareness and Training: Employers are required to conduct regular awareness programs and
workshops to educate employees about their rights and responsibilities under the Act.
Annual Reporting: Employers must submit an annual report to the relevant government
authority, detailing the complaints received, actions taken, and measures implemented to
prevent sexual harassment.
Protection Against False Complaints: The Act includes provisions to protect individuals from
false or malicious complaints, ensuring that the complaint mechanism is not misused.
Understanding these key components is essential for both employers and employees to create
a safe and respectful work environment in compliance with the POSH Act.