The POSH Act is one of the most important acts introduced by the Indian government for the safety of women at the workplace. The commonly used full form of POSH is Prevention of Sexual Harassment at Workplace. It is officially known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
What is POSH Act
The POSH Act was introduced on 9 December 2013. It was introduced by the government to ensure the safety and security of women at the workplace. The POSH Act, 2013 is a legal act designed to take action against inappropriate behaviour by colleagues at the workplace. It applies to offices, NGOs, schools, hospitals, and also the unorganized sector. It provides a proper system for complaint redressal.
Why POSH Act matters
Sexual harassment can create mental and physical distress. It is important to take action regarding these offences. The POSH Act ensures that a proper complaint procedure can be followed and strict action can be taken against the offender. This allows women to work without fear and participate equally in their jobs. It promotes gender equality and a safe working environment.According to a recent UN report, no country has yet achieved full legal equality for women, which makes laws like the POSH Act even more important.
Scope and applicability
The law applies to workplaces like offices, NGOs, government offices, schools, hospitals, and even the unorganized sector. It includes both formal and informal work areas. It applies to all types of employees such as full-time, part-time, contractual workers, trainees, interns, and also covers situations related to work-from-home or virtual work environments. However, the Act specifically provides protection to women.
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What counts as sexual harassment under POSH
Under the POSH Act, sexual harassment includes unwelcome acts or behaviour such as physical contact and advances, sexual verbal remarks, demand or request for sexual favours in the name of promotion, unwanted messages of a sexual nature, showing or sending inappropriate content, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
Key provisions of the POSH Act
The POSH Act, 2013 recommends having an Internal Complaints Committee (ICC) in the workplace so that a proper inquiry process can be followed. It ensures confidentiality and proper action against the wrongdoer.
- Internal Complaints Committee (ICC): Every organisation with 10 or more employees must form an ICC. It should include a Presiding Officer (a senior woman employee), at least two members from employees, and one external member (such as from an NGO or legal background).
- Complaint process: A complaint should be filed by the woman within 3 months of the incident (this period can be extended by another 3 months if required).
- Inquiry process: The ICC conducts an inquiry and submits the report regarding the complaint.
- Confidentiality: The ICC must ensure confidentiality and should not share the personal details of the complainant.
- Awareness training: Awareness sessions should be conducted so that every employee knows about ICC and POSH policies.
- Ensure safety and support: The complainant should be supported and protected during the process.
POSH Act complaint procedure
People often get confused about this process, but it is simple.
- A written complaint should be filed with the Internal Complaints Committee (ICC).
- The ICC should acknowledge the complaint.
- The complainant should be protected throughout the process.
- The inquiry should be completed within 90 days.
- The report should be submitted to the employer within 10 days after completion of the inquiry.
- Action must be taken by the employer within 60 days according to the findings.
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Rule 7 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013
Rule 7 of the POSH Act describes how complaints of sexual harassment should be investigated within an organization. The Internal Complaints Committee (ICC) plays a significant role in handling the complaint.
- The inquiry must be fair, and both the complainant and the respondent must have an equal opportunity to present their side.
- The inquiry process must be completed within 90 days.
- Both parties have the opportunity to present evidence and bring witnesses.
- Confidentiality must be strictly followed.
- The ICC should submit its report to the employer.
Penalties and compliance
For the respondent (if found guilty):
- Written apology
- Warning or termination
- Salary deduction
- Counseling or other disciplinary action
For non-compliance by the employer:
- Fine up to ₹50,000
- Repeated violation may lead to higher penalties or cancellation of license
Role of NGOs in POSH awareness
NGOs play an important role in promoting POSH by:
- Conducting awareness sessions
- Training employees and staff
- Supporting victims and motivating them to take action
- Promoting gender equality.
NGOs also play a crucial role in spreading awareness about child protection laws like POCSO. Read full article to know more about it-POCSO Act क्या है?
Difference between POCSO and POSH Act
Many people cannot differentiate between the POSH Act and the POCSO Act.
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) is related to protecting women from sexual harassment at the workplace.
- The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is related to protecting children below 18 years from sexual offences.
- POSH applies to the workplace, while POCSO applies in all settings involving children.
Conclusion
The POSH Act, 2013 is one of the most important laws introduced by the government, and it plays a major role in strengthening women’s rights at the workplace. It promotes gender equality. For building a truly professional workplace, the POSH Act plays a significant role so that women can work freely and do not hesitate to develop their skills.
FAQs
1. What is the POSH Act 2013?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a law in India that aims to protect women from sexual harassment at their workplace and provides a system for filing and handling complaints.
2. What is the full form of POSH?
POSH commonly stands for Prevention of Sexual Harassment at Workplace.
3. Who is covered under the POSH Act?
The POSH Act applies to workplaces such as offices, companies, schools, hospitals, factories, NGOs, and other professional environments, and specifically protects women employees.
4. What is Rule 7 of POSH Rules 2013?
Rule 7 describes how complaints should be examined and ensures that both parties get a fair opportunity during the inquiry process.
5. What is the role of the Internal Complaints Committee (ICC)?
The ICC is mandatory in organizations with more than 10 employees and handles complaints in a confidential manner.
6. What happens if a company does not comply with POSH?
If a company fails to follow POSH, it may face legal action, including fines and other penalties.