Counsel Quest

  All You Need to Know About the POSH Act, 2013   The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is India’s first law against prevention, prohibition, and redressal of sexual harassment for women at the workplace. When The Companies Act 2013 superseded the Companies Act 1956, there came a change in the much-needed sphere of sexual harassment at the workplace. The Act, along with its rules, is collectively called the POSH law. The act came into being because of a tragedy. The subsequent POSH Act of 2013 builds upon the Vishaka guidelines laid out in 1997 by the Supreme Court of India. Following up on Vishaka, the Supreme Court of India ruled that physical contact was not essential to be considered an act of sexual harassment. The act applies to women working in the private, government, and informal sectors. The POSH Act states that any organisation that has ten or more employees should mandatorily constitute an Internal ...

  Critical Analysis of Posh Act, 2013 Posh Act defines sexual harassment as unwelcome acts or behaviour (whether directly or by implication) namely, physical contact and advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography, any other unwelcome physical, verbal or non-verbal conduct of sexual nature. The Act also provides the circumstances under which an act may amount to sexual harassment. The Act was undoubtedly considered to be a great step towards the protection of the working women and the first effort towards creating a safe and a decent working environment for women in the Indian society. Article 14, 15 and 21 of the Indian constitution gave a true meaning to this legislation and gave effect to the right to work with dignity and freedom. Sexual harassment is also considered as a violation of right to practice any occupation, trade or business as guaranteed under article 19 (1)(g), and this necessarily ...