Sexual Harassment of Women at Workplace- POSH Act

 

Sexual Harassment of Women at Workplace- POSH Act



The sexual harassment of women in the workplace is a form of gender-based violence. Besides violating their self-esteem, dignity, and self-respect, it also violates their constitutional and human rights. The issue of sexual harassment in the workplace cannot be viewed as a recent phenomenon, but it has certainly been brought to light by fast-changing workplace equations.

In India, the legislation regarding this is the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). As a result of the Act, women are protected at work from sexual harassment. Furthermore, it provides for preventing and redressing complaints of sexual harassment.

Sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as 

a) physical contact and advances; 

b) a demand or request for sexual favours; 

c) sexually-coloured remarks; 

d) showing pornography; 

e) any other unwelcome physical, verbal or non-verbal conduct of sexual.

Even though sexual harassment has become a serious issue, women do not report such incidents to the appropriate authorities in most case, for fear of losing their livelihood or personal and professional status. It is increasingly acknowledged that workplace sexual harassment violates the rights of women and is a form of violence against them.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was passed to create safe and supportive working environments that respect women’s right to equality of opportunity and status at work. As a result of the Act’s effective implementation, more women will be able to claim their equal rights to gender equality, life and liberty, and equal working conditions around the world. 

The POSH Act extends to all places which fall within the definition of “workplace”. It applies to both organised and unorganised bodies. As a result of the Act, women are protected at work from sexual harassment. Furthermore, it provides for preventing and redressing complaints of sexual harassment.

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.

Counsel Quest is a law firm in Delhi which provides advisory and litigation services in the area of Anti Sexual Harassment Laws, Corporate Legal Advisory, Labour Laws, Intellectual Property Laws, Commercial Disputes, Arbitration, International Matrimonial Disputes and NRI Legal Services.

To know more, connect with Counsel Quest today!

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