The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India which seeks to protect against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment.
1. THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
IS A LEGISLATIVE ACT IN INDIA WHICH SEEKS TO PROTECT
AGAINST SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
AND FOR THE PREVENTION AND REDRESSAL OF COMPLAINTS
OF SEXUAL HARASSMENT.
P R E P A R E D B Y :
S U B M I T T E D T O : S A J A L M I S H R A
D R . A A N Y A C H A U D H A R Y T A N Y A A R O R A
Prevention of
Sexual Harassment At Workplace
(POSH)
2. Glance: POSH
The Act will ensure that women are protected against sexual
harassment at all the work places, be it in public or private. This will
contribute to realization of their right to gender equality, life and
liberty and equality in working conditions everywhere.
The sense of security at the workplace will improve women's
participation in work, resulting in their economic empowerment and
inclusive growth.
The Constitution also provides every citizen the right to practice or
carry out any occupation, trade or business under Article 19(1)(G) of
the Constitution, which includes the right to a safe environment, free
from all forms of harassment.
The Act came into force from 9 December 2013.
3. Definition of sexual harassment at work
As defined in the Supreme Court guidelines (Vishakha vs. State of
Rajasthan, August 1997), sexual harassment includes such unwelcome
sexually determined behavior as:
Implied or explicit threat of detrimental treatment
Humiliating treatment likely to affect her health or safety
Interfering with her work or creating an intimidating, offensive or
hostile work environment
Implied or explicit threat about her present or future employment
Implied or explicit promise of preferential treatment
Any other unwelcome physical, verbal or nonverbal conduct of a sexual
nature, for example, leering, telling dirty jokes, making sexual remarks
about a person's body, etc
4. The Vishakha guidelines:
All workplaces should have an appropriate complaints mechanism with
a complaints committee, special counselor or other,
A woman must head the complaints committee (ICC & LCC) and half of
its members should be women,
The committee should include an NGO/individual familiar with the
issue of sexual harassment,
The complaints procedure must be time bound,
Confidentiality must be maintained,
Complainants/witnesses should not experience
victimization/discrimination during the process
The Committee is required to complete the inquiry within a time
period of 90 days,
Mandated to take action on the report within 60 days.
5. Preventive Steps:
Sexual harassment should be affirmatively discussed at workers'
meetings, employee meetings, etc,
Guidelines should be prominently displayed to create awareness about
the rights of female employees,
The employer should assist persons affected in cases of sexual
harassment by outsiders,
Central and state governments must adopt measures, including
legislation, to ensure that private employers also observe the
guidelines,
Names and contact numbers of members of the complaints committee
must be prominently displayed
Mandatorily to be followed by organizations, both in the private and
government sector.