Decoding POSH: Analysis of India’s Regime Against Sexual Harassment

 

Decoding POSH: Analysis of India’s Regime Against Sexual Harassment

 

Through this article, we attempt to put forth the key provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [Prevention of Sexual Harassment Act (POSH)]. POSH was enacted in 2013 with the objective of ending sexual harassment at workplace.

 

Key provisions of POSH

 

(a) Applicability

The POSH Act extends to all places which fall within the definition of “workplace”. It applies to both organised and unorganised bodies.

(b) Sexual harassment

It is essential to understand what constitutes sexual harassment. The POSH Act defines sexual harassment as any unwelcome sexually motivated behaviour, whether directly or by implication. The Act outlines a list of actions which may be construed to be sexual harassment. These are:

(i) physical contact or advance;

(ii) a demand or request for sexual favours;

(iii) making sexually coloured remarks;

(iv) showing pornography; and

(v) any other physical, verbal or non-verbal conduct of a sexual nature.

 


(c) Internal Complaints Committee

The most distinctive feature of the POSH Act is the Internal Complaints Committee (ICC). Employers employing 10 or more employees are required to set up an “internal complaints committee” at each office or branch, of an organisation, to hear and redress grievances pertaining to sexual harassment. The ICC is chaired by the senior-rmost woman employee and includes 2 members from among the employees and an external member who is committed to the cause of women.

(d) Redressal process

At the first instance, the aggrieved woman and the accused would be required to settle the matter through conciliation. If this is not possible then a written complaint needs to be sent to the ICC. A copy of the complaint should also be sent to the accused. The inquiry is required to be completed within 90 days of the complaint. The identity of the aggrieved woman is required to be kept anonymous. At the request of the aggrieved woman, she may be transferred to other workplace or be granted additional leave up to 3 months.

 

Counsel Quest (CQ) is a spirited Law Firm, committed to provide ‘Precise, Realistic and Ethical’ legal solutions to its clients. Counsel Quest is empanelled with the Ministry of Women and Child Development for Prevention of Sexual Harassment (POSH) and has expertise in the domain of Anti Sexual Harassment including Training, Compliances and Investigations. 

Conclusion

The POSH Act is an important tool in the hands of women and hence it is essential that it is used judiciously. All employers having 10 or more employees should necessarily have an ICC in place. Sensitisation about this issue is essential. Awareness sessions should be held. It is imperative that this piece of legislation does not merely adorn the paper but becomes a real weapon to curb sexual harassment in the country.

 

 

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