What is the POSH Act 2013?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was enacted in 2013, also known as the Prevention of Sexual Harassment (POSH) Act.?

The legislation enacted by the Indian government is devoted to protecting women from a workplace environment that is unsafe for them and to combat sexual harassment at the workplace.?

Need for the Legislation

Tracing back the need for this Act, it came as a structured approach that was consistent with the Vishakha Guidelines established by the Supreme Court in 1997. The Vishakha Guidelines were in response to a significant case of Bhanwari Devi highlighting workplace harassment.?

The Supreme Court in?Vishaka & Ors v State of Rajasthan?has achieved the norms of safety in the workplace through the establishment of comprehensive guidelines to protect the rights of women against sexual harassment and, hence, dignity and equality at work.?

The judgments highlighted the necessity for proactive measures by employers as well as responsibility for violations under international standards and constitutional rights. This decision further consolidates the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and ensures that the workplace for women in all of India becomes safer.

The POSH Act?

The PoSH Act protects women from unwelcome sexual advances and behaviour that create a hostile work environment. Sexual harassment is defined broadly to include acts such as physical contact, sexual advances, demands for sexual favours, and making sexually coloured remarks.

• The Act applies to all workplaces, including public and private sectors, and is not only limited to the organised sector but expands to include the unorganised sector where the number of workers is less than ten.
• The legislation circumscribes not only employees working on a remuneration basis but also covers interns, volunteers, and even clients or customers.?

• It requires that organisations with ten or more employees have an Internal Committee (IC) to address complaints of sexual harassment.

• Employers must also have preventive measures, such as internal training sessions to educate employees about sexual harassment and programs to spread awareness of their legal rights.

• The POSH Act requires employers to submit an annual compliance report on the implementation of the Act. Non-compliance with the legislation can attract penalties, including fines and cancellation of license and withdrawal or non-renewal of registration.?

Enacting the Act is a consequential step towards enriching a secure and respectful working environment for women in India. This Act establishes clear definitions and procedures for addressing the issues of sexual harassment intended to promote equal opportunities for women in professional settings.

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