The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, commonly known as the POSH Act, was passed by the Indian government in 2013. Its primary purpose is to protect women from sexual harassment in their place of work and provide a mechanism for redressal.
Defining Sexual Harassment
Under the POSH Act, sexual harassment is defined as any one or more of the following unwelcome acts or behaviours, whether committed directly or indirectly:
- Physical contact and advances.
- Demands or requests for sexual favours.
- Showing pornography.
- Passing sexually coloured remarks.
- Creating a hostile work environment or humiliating treatment likely to affect a woman's health and safety.
- Threatening unfavorable treatment or offering preferential treatment in exchange for sexual favours.
The "Workplace" Definition
The Act uses a broad definition for the "workplace," which includes more than just the physical office. It encompasses:
- The actual office space.
- Any place visited by an employee for work purposes.
- Transportation provided by the employer for commuting to and from work.
Organizational Requirements
Every organization is legally obligated to ensure a safe environment for its employees. Key requirements include:
- POSH Policy: Every organization must have a formal policy defining sexual harassment, the complaint process, and employee rights.
- Internal Committee (IC): Any workplace with 10 or more employees must constitute an Internal Committee. This committee must have a minimum of four members, at least half of whom must be women, and must be headed by a senior female employee (Presiding Officer). At least one member must be an external expert on POSH issues.
- Annual Reporting: Organizations must submit an annual report to the district officer detailing the number of cases filed and actions taken.
- Awareness: The employer is responsible for improving awareness of the POSH Act among all employees.
Seeking Redressal and Protection
If a woman experiences harassment, she (or a legal heir/friend/relative in special circumstances) can file a written complaint to the IC within 3 months of the incident.
- Inquiry Process: The IC must look into the complaint and can attempt conciliation if requested, though this cannot involve a monetary settlement. Otherwise, they must conduct an inquiry within 90 days and submit a report within 10 days of completion.
- Third-Party Complaints: If the person committing harassment is not an employee (e.g., a repair person from another company), the victim can still approach her organization's IC, which is then responsible for forwarding the complaint to the police.
- Failure to Act: If an organization fails to take action on a genuine complaint, they can be fined, and in serious cases, their business license can be cancelled.