Prevention of Sexual Harassment at Workplace – POSH Act 2013
Prevention of Sexual Harassment at Workplace (POSH Act, 2013) – Detailed Overview
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, was enacted to ensure safe and harassment-free workplaces for women in India.
📜 Objective of the POSH Act
✅ Prevent sexual harassment at workplaces
✅ Prohibit hostile work environments
✅ Redress complaints through a structured mechanism
🔹 Key Provisions of the POSH Act, 2013
1️⃣ Definition of Sexual Harassment (Section 2(n))
Any unwelcome physical, verbal, or non-verbal conduct of a sexual nature, including:
✔ Physical contact and advances
✔ Demand or request for sexual favors
✔ Making sexually colored remarks
✔ Showing pornography
✔ Any other unwelcome sexual behavior
🔹 Example: Sending inappropriate messages or making sexist jokes at the workplace.
2️⃣ Who is Covered Under POSH? (Section 2 & 3)
The law protects all women employees, including:
✔ Permanent, temporary, contractual, interns, and daily wage workers
✔ Employees working at government or private offices
✔ Female workers at shops, factories, hospitals, educational institutions, etc.
✔ Domestic workers are also covered
🔹 Case Law: Vishaka v. State of Rajasthan (1997) – Supreme Court set guidelines for workplace safety, leading to the POSH Act, 2013.
3️⃣ Employer’s Responsibilities (Section 4-6)
Employers must:
✅ Establish an Internal Complaints Committee (ICC) in offices with 10 or more employees
✅ Create awareness programs for employees
✅ Ensure a safe work environment
🔹 Penalty for Non-Compliance:
❌ ₹50,000 fine for failing to set up ICC
❌ Further penalties for repeated offenses
4️⃣ Complaint & Redressal Mechanism
| Step | Process |
|---|---|
| Step 1: Filing a Complaint | Woman should file a complaint within 3 months of the incident to ICC or Local Complaints Committee (LCC) |
| Step 2: Inquiry by ICC | ICC investigates within 90 days, allowing both parties to present their case |
| Step 3: Recommendations & Report | ICC submits findings to the employer within 10 days |
| Step 4: Action by Employer | Employer must act within 60 days, including disciplinary action or compensation |
🔹 Case Law: Saurabh Kumar Mallick v. Comptroller & Auditor General of India (2008) – Workplace includes not just office premises but also work-related interactions.
5️⃣ Punishment for Harassment
✅ Apology, warnings, transfer, suspension, or termination
✅ Compensation to the victim
✅ Legal action under IPC Sections 354A, 509
🔹 Example: If a manager forces a female employee for sexual favors in exchange for a promotion, he can be terminated & penalized.
🔹 FAQ on the POSH Act
❓ Can men file complaints under POSH?
🔹 No, POSH applies only to women. However, men can file complaints under other legal provisions.
❓ Can a complaint be filed against a customer or vendor?
🔹 Yes, if harassment occurs at the workplace.
❓ What if an organization has fewer than 10 employees?
🔹 The complaint is filed with the Local Complaints Committee (LCC) set up by the government.
❓ What is the time limit for filing a complaint?
🔹 3 months from the date of the incident (can be extended by ICC if justified).
🔹 Conclusion
The POSH Act, 2013 is a strong step toward ensuring workplace safety for women. Every organization must implement the law, set up ICCs, and create awareness to build a safe working environment.
💡 Need help with POSH compliance or drafting a policy? Let me know! 😊