The Prevention of Sexual Harassment (PoSH) Act, 2013, is a significant piece of legislation in India aimed at ensuring a safe and secure working environment for women. Here are the essential aspects of the PoSH Act, 2013:
The primary aim of the PoSH Act is to provide protection against sexual harassment of women at the workplace and to establish a redressal mechanism for complaints. It is intended to create a safe working environment that enables women to work without fear of prejudice, gender bias, or sexual harassment.
The Act defines sexual harassment in a broad manner, covering any unwelcome acts or behavior (whether directly or by implication) such as:
The definition also extends to places visited by the employee during the course of employment, including:
The Act applies to all workplaces in India, including:
Every employer with 10 or more employees is required to constitute an Internal Complaints Committee (ICC) at each office or branch. The ICC is responsible for addressing complaints of sexual harassment and is composed of:
For workplaces with fewer than 10 employees or if the complaint is against the employer, a Local Complaints Committee (LCC) must be established by the District Officer. The LCC serves the same purpose as the ICC but operates at the district level.
The Act ensures protection for complainants, witnesses, and ICC/LCC members against any form of retaliation or victimization.
The Act mandates a time-bound process:
Employers who do not comply with the provisions of the Act face various penalties, including:
Employers are responsible for organizing workshops and awareness programs at regular intervals for sensitizing employees about the provisions of the Act and forming a gender-sensitive workplace.
The ICC is required to prepare an annual report with details of the number of cases filed and their disposal, which must be included in the employer's annual report to the respective state government. The PoSH Act, 2013, represents a crucial step towards safeguarding women in the workplace.
SHe-Box (Sexual Harassment electronic Box) is an initiative by the Ministry of Women & Child Development, Government of India, providing a single-window platform for women to report workplace sexual harassment. It caters to women across all sectors organized or unorganized, public or private.
1. Access the Portal: Navigate to the official SHe-Box website: https://shebox.wcd.gov.in.
2. Initiate Complaint Registration:
a) Click on the “Register Your Complaint” tab on the homepage.
b) Select your employment sector: Central Government, State Government, or Private Sector.
3. Fill in Complainant Details:
a) Indicate if you're filing for yourself or on behalf of someone else.
b) Provide your full name, valid email ID, and mobile number.
c) Specify your employment status and organization details.
4. Provide Workplace Information:
a) Enter details about your workplace, including the name, address, and relevant ministry or department (if applicable).
b) Select the state and district where your workplace is located.
5. Enter Respondent (Accused) Details:
a) Provide the name, designation, and contact information of the individual you're filing the complaint against.
b) Describe your working relationship with the respondent.
6. Detail the Complaint:
a) Indicate if you've previously filed a complaint with your organization's Internal
Committee (IC).
b) Select the type of harassment experienced.
c) Provide a brief description of the incident(s) (up to 500 words).
d) Upload any supporting documents (PDF, JPEG, PNG formats; maximum size 2MB).
7. Submit the Complaint:
a) Review all entered information for accuracy.
b) Click “Submit” to file your complaint.
c) You&'ll receive a confirmation email with a link to set your password and activate your
account.
8. Tracking Your Complaint
After registration, you can monitor the status of your complaint:
a) Visit https://shebox.wcd.gov.in.
b) Click on the “View Status of Complaint” tab.
c) Log in using your registered email ID and password.
d) Enter the captcha code and click “Submit” to view the current status.
Confidentiality: All complaints are handled with strict confidentiality.
Jurisdiction: Complaints are forwarded to the appropriate Internal Committee (IC) or Local Committee (LC) based on your workplace.
Resolution Timeline: As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, complaints should be resolved within 90 days.
Mandatory IC Registration: In Uttar Pradesh, all organizations with 10 or more employees are required to establish Internal Committees and register them on the SHe-Box portal.
