What is the POSH Act? 

In India, the issue of sexual harassment at the workplace has long been neglected, with many women either suffering in silence or leaving their jobs due to an unsafe working environment. 

Recognising the severity of this issue, the Indian government enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly referred to as the PoSH Act. The Act aims to provide women with a safe working environment, free from harassment and discrimination, ensuring that their rights to equality, dignity, and freedom are protected.

This article discusses the key provisions of the PoSH Act, its implementation, and its impact on workplaces across India. It also explores the challenges the Act faces and the judicial perspectives that have shaped its application.

Historical Background of POSH Act

Before the PoSH Act was passed, the only means of addressing sexual harassment in India was through the Supreme Court’s Vishakha guidelines. These guidelines were established in 1997 in response to the case of Vishakha and Others v. State of Rajasthan, in which a social worker named Bhanwari Devi was raped after she tried to stop a child marriage. In the absence of clear legal provisions, the Supreme Court laid down guidelines to provide a framework for dealing with sexual harassment in the workplace.

While the Vishakha guidelines provided a legal foundation, they were not statutory, which meant that their implementation was often inconsistent. The PoSH Act, therefore, sought to codify these guidelines into law and extend them across all workplaces in India, ensuring a clear, enforceable framework for addressing sexual harassment.

Legislative Timeline of POSH Act

The PoSH Act was introduced in the Parliament in 2010 and passed by the Lok Sabha (lower house) in 2012. The Rajya Sabha (upper house) passed it in February 2013, and the Act was finally assented to by the President of India in April 2013. It came into force in December 2013, marking a significant milestone in India’s legal framework for protecting women at the workplace.

The Act was formulated to provide a clear and effective mechanism to prevent sexual harassment and offer redressal to victims. By incorporating the Vishakha guidelines into a statutory framework, the PoSH Act ensures that workplaces across India are held accountable for providing a safe and respectful environment for women.

Key Provisions of the PoSH Act

Definition of Sexual Harassment

The PoSH Act provides a detailed and broad definition of sexual harassment, ensuring that women are protected from a wide range of conduct. The Act defines sexual harassment as any unwelcome physical contact, sexual advances, requests for sexual favours, making sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

This definition extends to both verbal and physical harassment, making it clear that harassment is not limited to just physical acts but can include inappropriate comments, gestures, and online behaviour. This comprehensive definition ensures that women are protected in all types of workplace environments, whether traditional or modern, and whether the harassment is overt or subtle.

Scope of Protection

The PoSH Act provides protection not only to female employees but also to clients, customers, and domestic workers, making it inclusive in its reach. The definition of “aggrieved woman” under the Act is broad, covering all women, regardless of age, employment status, or sector (organised or unorganised). This inclusive approach ensures that the protection of women extends beyond office spaces to include women working in informal sectors or domestic settings.

The Act also applies to women working in remote locations, non-traditional workplaces, or in the informal economy, recognising the diversity of working environments across India. This is particularly important as women in these sectors were often left without legal protection under previous laws.

Internal Complaints Committee (ICC)

The PoSH Act mandates that every organisation with 10 or more employees must constitute an Internal Complaints Committee (ICC). The ICC plays a pivotal role in addressing complaints of sexual harassment within the workplace. The committee is tasked with receiving and addressing complaints, conducting inquiries, and recommending appropriate actions. The committee has the powers of a civil court for gathering evidence, making it a key mechanism in the redressal process.

The ICC must be constituted in such a way that it is both independent and gender-sensitive, with at least half of its members being women. The committee should include at least one external member who is an expert in the field of women’s rights. This ensures that the committee is equipped to handle complaints impartially and sensitively.

Duties of Employers under POSH Act

The PoSH Act places several responsibilities on employers to create a safe working environment. Employers must:

• Ensure that the workplace is free from sexual harassment and provide a mechanism for resolving complaints.
• Create awareness about the Act by displaying information about the provisions of the Act and conducting regular sensitisation programmes for employees.
• Ensure the establishment of an ICC in every office with 10 or more employees.
• Take appropriate action within the time frame prescribed by the Act in case of a complaint.

Employers are also required to maintain a safe working environment by taking preventive steps such as displaying the policy on sexual harassment, addressing complaints effectively, and protecting victims and witnesses from retaliation.

Complaint Mechanism As Per POSH Act

The PoSH Act sets out a clear process for filing complaints of sexual harassment, which is crucial for empowering women to take action. Complaints can be filed with the ICC, which will then conduct an inquiry into the allegations. The inquiry process should be conducted in a confidential and timely manner, ensuring that the rights and dignity of the complainant and the accused are respected.

The committee is required to complete the inquiry within 90 days and submit a report to the employer or the District Officer, who must take action within 60 days of receiving the report. If the employer fails to take action, the complainant can approach the District Officer, who is responsible for enforcing compliance.

Penalties for Non-Compliance 

The Act includes penalties for employers who fail to comply with its provisions. Non-compliance can result in fines of up to ₹50,000. Repeated violations may result in more severe penalties, including the cancellation of the employer’s business licence or deregistration. This ensures that employers take the issue of sexual harassment seriously and are held accountable for any violations.

Local Complaints Committee (LCC)

In addition to the ICC, the Act also establishes Local Complaints Committees (LCCs) at the district level. The LCCs are tasked with addressing complaints from organisations with fewer than 10 employees or cases where the Internal Complaints Committee is unable to function effectively. These committees are also essential for providing women in remote or rural areas with a platform to voice their grievances.

Conclusion

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a vital piece of legislation aimed at creating a safe and dignified workplace for women across India. By providing clear provisions for preventing, prohibiting, and addressing sexual harassment, the Act has made significant strides in promoting gender equality at work. However, its successful implementation depends on the commitment of employers, employees, and government authorities to enforce its provisions consistently.