The Fundamental Objectives of the PoSH Act 2013

Over time, there has been an increase in the number of women working in organised and unorganised sectors across the globe. Although women contribute significantly to all areas like sports, politics, corporate, academics, entertainment etc., they are not treated equally in their workplace due to gender biases and mental and physical harassment.

Sexual harassment in the workplace is a form of gender discrimination that violates a women's fundamental right to equality, liberty, and right to life guaranteed under Articles 14, 15 and 21 of the Constitution of India. The legislature introduced the Prevention of Sexual Harassment (POSH) Act. The POSH Act aims to prevent, protect and redress complaints against sexual harassment of women.

Sexual harassment in the workplace is harming society indirectly. Society and, in turn, a nation cannot progress if the woman in the workplace is being harassed mentally or sexually. Women can't focus on work and contribute positively to the company's growth if she's being harassed. It is women's human right to be protected against sexual harassment at work with dignity.

As per POSH Act, there are four key definitions –?

1. Aggrieved woman?– a woman of any age, whether employed or not in a workplace.?
2. Employee?– a person employed at a workplace on a regular, temporary, ad hoc or daily wage with or without remuneration.
3. Employer?– Head of the department, organisation, undertaking, branch, or office.
4. Workplace?– (i) any organisation, establishment, or department financed by Government or local authority; (ii) any private sector organisation; (iii) hospitals or nursing homes; (iv) any sports institute, stadium/ complex or games venues; (v) any place visited by an employee during employment including the transportation for such journey; (vi) a dwelling place or a house.?

Many cases of sexual harassment against women in the workplace and in general were being reported daily. Some cases were so brutal that they led to the victim's death. Therefore, there was a need to create awareness of this issue, and hence POSH Act came into effect. The purpose of the POSH Act is to provide every woman with a safe, secure and dignified working environment free from harassment.

In India, the landmark judgment of the Supreme Court in Vishaka v. State of Rajasthan (1992) laid down the framework of Sexual Harassment in the workplace. In the absence of a specific law in India, the Supreme Court laid down certain guidelines making it mandatory for every employer to provide a mechanism to redress grievances about workplace sexual harassment, known as Vishaka Guidelines, which employers were following until the enactment of the POSH Act.

The fundamental objectives of the POSH Act

The fundamental objectives of the POSH Act 2013 (Prevention of Sexual Harassment) are centred around creating a safe and harassment-free work environment. The act aims to achieve the following objectives:

1. Prevention of sexual harassment: The primary objective of the POSH Act is to prevent incidents of sexual harassment in the workplace. It seeks to create awareness among employees, employers, and organisations about what constitutes sexual harassment and the steps to be taken for its prevention.
2. Protection of employees: The act aims to protect employees, especially women, from sexual harassment in the workplace. It provides them with a legal framework to seek redressal and take action against perpetrators of sexual harassment. The act emphasises the importance of ensuring a safe and respectful environment where employees can work without fear of harassment.
3. Promoting gender equality: The POSH Act recognises that sexual harassment is a form of gender-based discrimination and aims to promote gender equality in the workplace. Addressing sexual harassment and providing mechanisms for redressal, the act creates a more inclusive and equitable work environment.
4. Establishing a complaint redressal mechanism: The act mandates organisations to establish an internal committee (IC) to handle complaints of sexual harassment. This mechanism ensures that employees have a designated body to approach, confidentially and impartially, for reporting incidents of harassment. The IC plays a crucial role in addressing complaints, conducting investigations, and recommending appropriate actions.
5. Legal compliance: The POSH Act sets out the legal obligations for employers to provide a safe and harassment-free workplace. It emphasises the importance of compliance with the POSH Act's provisions and establishes penalties for non-compliance. Organisations must implement policies and procedures in line with the POSH Act, conduct awareness programs, and take appropriate actions against perpetrators of sexual harassment.
6. Awareness and sensitisation: Another objective of the act is to promote awareness and sensitisation about sexual harassment. It encourages organisations to conduct training programs and awareness campaigns to educate employees about their rights, the complaint redressal mechanism, and preventive measures. By fostering a culture of respect and understanding, the act aims to create an environment where sexual harassment is not tolerated.

By achieving these objectives, the POSH Act aims to ensure a safer and more equitable work environment where individuals can work without fear of sexual harassment and where gender equality is promoted.