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:
Purpose and Objective
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.
Definition of Sexual Harassment
The Act defines sexual harassment in a broad manner, covering any unwelcome acts or behavior (whether directly or by implication) such as:
- Government bodies
- Private and public sector organizations
- Non-governmental organizations
- Vocational and educational institutions
- Sports institutes
- Places visited by the employee during the course of employment, including transportation
- Physical contact and advances
- A demand or request for sexual favors
- Sexually colored remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature
Scope of the Act
The Act applies to all workplaces in India, including:
- Government bodies
- Private and public sector organizations
- Non-governmental organizations
- Vocational and educational institutions
- Sports institutes
- Places visited by the employee during the course of employment, including transportation
Internal Complaints Committee (ICC)
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:
- A senior woman employee as the Presiding Officer
- At least two employees committed to the cause of women or having experience in social work or legal knowledge
- One external member from an NGO or association committed to the cause of women
Local Complaints Committee (LCC)
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.
Complaint Procedure
- Filing of Complaint: The aggrieved woman must submit a written complaint within three months from the date of the incident. This period can be extended by another three months if there are valid reasons.
- Conciliation: Before initiating an inquiry, the ICC/LCC can take steps to settle the matter between the aggrieved woman and the respondent through conciliation, if requested by the complainant.
- Inquiry: If conciliation is not possible or desired, the ICC/LCC conducts an inquiry following principles of natural justice.
Protection Against Retaliation
The Act ensures protection for complainants, witnesses, and ICC/LCC members against any form of retaliation or victimization.
Time-bound Process
The Act mandates a time-bound process:
- The inquiry should be completed within 90 days.
- The report of the inquiry should be submitted to the employer within 10 days of completion.
- Action on the report should be taken within 60 days.
Penalties for Non-compliance
Employers who do not comply with the provisions of the Act face various penalties, including:
- A fine of up to ₹50,000
- Repeat offenses may lead to higher fines and cancellation of business licenses
Training and Awareness
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.
Annual Report
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
