POSH ACT 2013-KEY POINTS

Organizing?Posh Training?in an organization fosters better relationships and equality among employees, thus ensuring a quality workplace environment for all its employees.?POSH training is a method used by organizations to educate their employees on sexual harassment of women at the workplace and create awareness of all that it has included under It.?This also?avoids legal complications?and helps to maintain a?healthy work environment?in the company.

As a result of the Act, women are protected at work from sexual harassment. Furthermore, it provides for preventing and redressing complaints of sexual harassment. This article provides a comprehensive overview of this Act.

How did it come into the Existence ?

Before the POSH Act 2013 there was a Vishakha Guideline .?There was a case filed by the women's right group including one called Vishakha over a aligned?gangrape of a social worker Banwari Devi in Rajasthan state. Banwari has fought against the marriage?of a one year old baby girl in the year 1992 and in the result a group of man raped her and then Vishakha Guidline come into the existence.?The Vishakha?Guideline?defined sexual?harassment?and this imposed three key?obligation?on institutions - Prohibition, Prevention and Redress . Before 2013 this Vishakha guidelines existed but it was not much powerful?so when the POSH act 2013 came into existence the?existing Vishakha guideline became more powerful?and it is now legally powerful and the court made the guideline?"legally binding".

Many of you might be aware that there was a news article published by a Very reputed publication and it revealed that 16 of India's 30 sports federations do not have an?Internal Complaint Committee (ICC)?and so a committee?came into existence.

The POSH Act places a legal obligation on?employers to prevent and prohibit sexual harassment in the workplace.?Employers are required to constitute an?Internal Complaint?Committee ( ICC)?at each workplace where there is 10 or more employees?to receive and address complaints of sexual harassment.?The complaints committees have the?powers of civil courts?for gathering evidence.

-This Act defines various aspects of sexual harassment?and lay down procedure for action in case of a complaint.

-Victim under the act can be a female of any age whether employed or not who alleges to have been subjected to any act of sexual harassment.

-Act protects the rights of all women who are working or visiting any workplace in any capacity.

What are the circumstances under the POSH ACT 2013?

• Physical Contact or advances.
• A demand and request for sexual favour.
• Sexually coloured remarks.
• Showing Pornography.
• Any unwelcome physical, verbal, non-verbal conduct of sexual nature.

Any one or more than one of above mentioned unwelcome acts or behaviour committed?directly or by implication.

Procedure to complaint under the Act:-

-It is not compulsory for the victim to file the complaint for the ICC to take action

-She may do so or any member of ICC who is aware of the incident can provide her reasonable assistance to complain in writing .?

-If the women can not complain?due to any Mental or physical incapacity or death her leagal heir do so.

-Complaint?must be done within 3 month from the date of the incident.

-ICC can even extend the time limit according to the victims?health well being or based on the nature of the incident.

-ICC may either forward victim case to the police or it can start an inquiry that has to be completed within 90 days.

-ICC has power similar to those civil courts in respect of summoning and examining any person on oath and requiring the discovery and production of documents.

-Once the enquiry is done and report made then the ICC have to submit that report within the 10 days to the employer.

-After the submission?of a report an employer can take any action based on the nature of the incident .

So, a complaint?must be done within 3 month from the date of the incident?, ICC can take 90 days for the inquiry and making report and ICC have to submit the report within 10 days after the completion of the inquiry.

Protection against the false complaint of sexual harassment:-

-Section 14 of the same Act deals with the punishment for false or malicious complaint and false evidence.

-It is not compulsory?that every such complaint is true even if a false complaint has also been made.

-In such a situation or case ICC can recommend employees?to take necessary action against?the women who made a false complaint.

- A man can also raise his voice if he feels the complaint is false and the evidence is not true.

It is important that employers and authorities adopt, implement, and encourage best practices to detect and respond to workplace harassment in order to achieve high workplace productivity. The best way to prevent such unfavourable working conditions is to actively advocate for initiatives that increase awareness and encourage prevention efforts.