The Prevention of Sexual Harassment (POSH) Act, officially known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is a significant legislative measure in India aimed at ensuring a safe and respectful work environment for women. The POSH Act 2013 was enacted to address and prevent sexual harassment against women at workplaces, which was previously not adequately covered under Indian law.
Under the POSH Act, sexual harassment is defined broadly to include physical contact and advances, a demand or request for sexual favors, making sexually colored remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. The Act mandates that any organization with more than 10 employees must establish an Internal Complaints Committee (ICC) to address complaints of sexual harassment. This committee is responsible for conducting a fair and timely investigation and recommending appropriate action based on its findings.
In today’s dynamic corporate landscape, fostering a safe and respectful workplace is paramount. One crucial legislation in this realm is the Sexual Harassment of Women at Workplaces (Prevention, Prohibition and Redressal) Act 2013, well known as “the PoSH Act”. Today, after a decade of the law being enforced and still not implemented to 100%, we at Upceed Consulting Services want to delve into the intricacies of the PoSH Act, to unravel its significance and point out how its implementation can help to create a secure working environment at your workplace.
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Understanding and Significance of the PoSH Act:
PoSH was enacted to address and combat the issue of sexual harassment at workplaces in India and applies to all organizations, both in the public and private sectors, including domestic workers.
Legal Compliance and Obligations:
The PoSH Act mandates that organizations must establish an Internal Complaints Committee (IC) in every office with ten or more employees; to address complaints of sexual harassment promptly. So, what about workplaces with less than ten employees? Well, the Local Complaints Committee, formed at every district will come to their rescue.
Creating Awareness and Sensitivity:
Implementing the PoSH Act, necessitates conducting awareness programs to educate employees about their rights and the organization’s commitment to maintaining a safe working environment. This fosters a culture of sensitivity and respect.
Redressal Mechanism:
The enactment of the PoSH Act has given an opportunity to the victims of sexual harassment by providing a formal mechanism, a platform to enable them to report any incident of sexual harassment, instead of running pillar to post by filing an FIR. Further, the requirement to maintain confidentiality under POSH Act, encourages victims to come forward without fear of reprisal or stigma.
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Implementation of the PoSH Act:
Conducting Awareness Workshops:
To ensure widespread understanding, organizations should conduct awareness programme sessions for its employees and orientation sessions for its IC at regular intervals to educate them about the PoSH Act.
Regular Meetings and Compliance Checks:
To ensure continuous adherence to the PoSH Act, organizations should conduct regular compliance checks. This involves reviewing policies, re-constituting the IC members, enabling quarterly IC meetings, displaying notices regarding the penalties for sexual harassment and details regarding the members of the IC, promptly addressing any emerging issues and filing the Annual Report every year with the District Officer.
The PoSH Act is a pivotal piece of legislation that plays a crucial role in creating a safe and respectful workplace. By understanding its significance and diligently implementing its provisions, organizations can contribute to a work culture that prioritizes the well-being of their employees. Embracing the PoSH Act not only ensures legal compliance but also fosters an inclusive environment that empowers every individual within the workforce. Being PoSH Compliant ensures legal adherence and protects the reputation of the organization.
