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Ensuring Safe Workplaces for Women – Understanding India’s POSH Act




Introduction


Sexual harassment at the workplace is a pervasive issue that undermines women’s dignity, safety, and professional growth. To combat this, India enacted The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act. This legislation is a crucial step toward creating safer and more inclusive work environments. Let’s delve into its significance, key provisions, and how it empowers women.


Why Was the POSH Act Enacted?


The Act was introduced to uphold women’s constitutional rights to:


  • Equality (Articles 14 & 15)

  • Life with dignity (Article 21)

  • A safe workplace (aligned with international conventions like CEDAW).


Before 2013, India relied on the Vishaka Guidelines (laid down by the Supreme Court in 1997). The POSH Act formalised these guidelines into a robust legal framework.


Key Provisions of the POSH Act


1. Definition of Sexual Harassment


The Act defines sexual harassment broadly, including:


  • Physical contact or advances.

  • Demand for sexual favours.

  • Sexually coloured remarks or gestures.

  • Showing pornography.

  • Any other unwelcome conduct of a sexual nature.


2. Mandatory Committees


  • Internal Complaints Committee (ICC): Required in workplaces with 10+ employees.

  • Local Complaints Committee (LCC): For smaller workplaces or complaints against employers.


3. Complaint Mechanism


  • Complaints must be filed within 3 months (extendable under valid reasons).

  • Conciliation is optional, but monetary settlements are barred.

  • Inquiry must conclude within 90 days.


4. Employer Responsibilities


Employers must:


  • Display penal consequences of sexual harassment.

  • Organise awareness programs.

  • Provide a safe environment and assist in legal proceedings.


5. Penalties


  • For employers: Fines up to ₹50,000 for non-compliance.

  • For false complaints: Action against malicious complainants.

  • For respondents: Disciplinary action, compensation, or legal consequences.


6. Confidentiality


The Act mandates strict confidentiality to protect the identities of all parties involved.


Challenges & the Way Forward


While the POSH Act is a progressive law, challenges remain:


  • Awareness: Many women and employers are still unaware of their rights/duties.

  • Implementation: Smaller organisations often neglect forming ICCs.

  • Cultural Barriers: Fear of retaliation discourages reporting.


To strengthen compliance:


  • Regular training and workshops must be conducted.

  • Employers should foster a zero-tolerance culture.

  • Women must be encouraged to report without fear.


Conclusion


The POSH Act is a powerful tool to combat workplace harassment, but its success depends on effective implementation and societal change. By understanding and adhering to this law, employers and employees can collectively create safer, more respectful workplaces for women.


Let’s pledge to uphold dignity, equality, and safety at work!




Drop an email to us at: info@thelegalwatch.in and one of our PoSH Consultants (Trainers) will contact you soon and discuss our online/offline PoSH Awareness Solutions.


SHe-BoxOnline Complaint Management System


IF YOU ARE FACING SEXUAL HARASSMENT AT WORKPLACE


Sexual Harassment electronic Box (SHe-Box) is an effort of GoI to provide a single window access to every woman, irrespective of her work status, whether working in organised or unorganised, private or public sector, to facilitate the registration of complaint related to sexual harassment. Any woman facing sexual harassment at workplace can register their complaint through this portal. Once a complaint is submitted to the ‘SHe-Box’, it will be directly sent to the concerned authority having jurisdiction to take action into the matter.



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