The Prevention of Sexual Harassment (POSH) Act was enacted in India in 2013 to provide a safe work environment for employees, particularly focusing on the prevention, prohibition, and redressal of sexual harassment against women at the workplace. Here’s a breakdown of the key aspects of the POSH Act and how it applies in a workplace setting:
1. Definition of Sexual Harassment
Sexual harassment under the POSH Act includes:
Unwelcome sexual advances, requests for sexual favors, or any physical, verbal, or non-verbal conduct of a sexual nature.
It can involve physical contact and advances, sexually colored remarks, showing pornography, or other unwelcome sexual conduct.
2. Scope and Applicability
The POSH Act applies to all workplaces, including private and public sector organizations, NGOs, educational institutions, sports institutes, and any place where an employee is present due to their employment.
It is gender-specific, focusing on protecting women from harassment, though many workplaces apply similar principles for all genders.
3. Formation of an Internal Complaints Committee (ICC)
Constitution of ICC: Every organization with 10 or more employees is required to form an Internal Complaints Committee (ICC). The ICC must be headed by a senior female employee and include two other employees with a background in gender sensitivity or social work, along with an external member from an NGO or legal background.
Roles of the ICC: The ICC is responsible for addressing complaints of sexual harassment, conducting fair investigations, and providing recommendations on action to be taken.
4. Complaint Process
Filing a Complaint: Any aggrieved woman can file a written complaint to the ICC within three months from the date of the incident, with a provision for extension if necessary.
Inquiry and Resolution: The ICC must complete the inquiry within 90 days and submit a report with recommendations to the employer within 10 days. The employer is required to act on the recommendations within 60 days.
Conciliation: Before initiating an inquiry, the ICC can offer conciliation (settlement) at the complainant’s request, provided it does not involve monetary settlement as a form of redress.
5. Redressal and Disciplinary Action
If the ICC finds the complaint to be valid, it may recommend actions including apology, warning, transfer, suspension, termination, or other disciplinary actions as per the organization’s policies.
If the complaint is found to be malicious, disciplinary action can be taken against the complainant to prevent misuse of the POSH Act, though this is rare and requires proof of intentional falsity.
6. Duties of the Employer
Employers have specific responsibilities under the POSH Act, including:
Policy Implementation: Employers must establish a POSH policy that clearly defines what constitutes harassment, outlines the complaint process, and details the formation and role of the ICC.
Awareness and Training: Conduct regular training sessions and workshops on sexual harassment, sensitizing employees and ICC members to the topic.
Annual Report Submission: Organizations are required to submit an annual report to the District Officer summarizing complaints and actions taken.
Prevention: Take steps to prevent harassment by creating a safe and respectful work environment and ensuring fair and swift handling of complaints.
7. Confidentiality and Protection Against Retaliation
The POSH Act mandates strict confidentiality throughout the process. Names and details of complaints must not be disclosed publicly.
Organizations must protect complainants and witnesses from retaliation, intimidation, or discrimination following a complaint.
8. Penalties for Non-Compliance
Non-compliance with the POSH Act, such as failing to establish an ICC or not addressing complaints appropriately, can result in fines up to INR 50,000. Repeat offenses may lead to higher fines and potential cancellation of the business’s license.