The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: A Comprehensive Guide

Introduction

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly referred to as the POSH Act, is a landmark legislation enacted in India to protect women from sexual harassment at their places of work. This Act is a result of the growing recognition of the need to provide a safe, secure, and dignified work environment for women, free from any form of sexual harassment. It establishes a legal framework that goes beyond physical acts and addresses various forms of unwelcome behavior, including verbal, non-verbal, and implicit actions that create a hostile or offensive work environment.

Understanding Sexual Harassment Under the Act

The Act defines "sexual harassment" in broad terms to encompass a range of behaviors that can make the workplace uncomfortable or hostile for women. The following are considered acts of sexual harassment under the Act:

1. Physical contact and advances: Any unwelcome physical touch or contact with a sexual overtone.
2. Demand or request for sexual favors: Explicit or implicit solicitation of sexual favors in exchange for employment benefits or other advantages.
3. Sexually colored remarks: Comments, jokes, or statements that are sexually suggestive, demeaning, or inappropriate.
4. Showing pornography: Displaying or sharing pornographic content in any form.
5. Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature: This includes gestures, whistling, leering, or inappropriate body language.

Additionally, the Act also covers situations where there is:

• An implied or explicit promise of preferential treatment in employment in return for sexual favors.
• An implied or explicit threat of detrimental treatment or adverse consequences concerning employment status.
• Interference with a woman’s work or creation of an intimidating, offensive, or hostile work environment.
• Humiliating treatment that affects a woman’s health or safety.

Key Provisions of the Act

The Act outlines several key provisions to ensure its effective implementation and to provide a comprehensive mechanism for addressing complaints of sexual harassment in the workplace.

1. Internal Complaints Committee (ICC)

The Act mandates the formation of an Internal Complaints Committee (ICC) in every workplace with more than 10 employees. The ICC is responsible for receiving and addressing complaints of sexual harassment and ensuring that the complainant is provided with a fair and impartial process. The composition of the ICC is as follows:

• Presiding Officer: A senior woman employee of the workplace.
• Two Members: Employees who are preferably committed to the cause of women or have experience in social work or legal knowledge.
• One External Member: A person from an NGO or an association committed to the cause of women or familiar with issues related to sexual harassment.

Key Features of the ICC:

• At least 50% of the ICC members must be women.
• The members, including the Presiding Officer, hold office for a maximum period of three years from the date of their nomination.
• The external member is entitled to fees or allowances for attending the proceedings, as prescribed by the employer.

2. Local Complaints Committee (LCC)

In cases where an organization has fewer than 10 employees, or if the complaint is against the employer himself, the Act provides for the establishment of a Local Complaints Committee (LCC) by the District Officer in every district. The LCC serves as an alternative forum to receive complaints of sexual harassment from such establishments.

Composition of the LCC:

• Chairperson: An eminent woman in the field of social work committed to the cause of women.
• One Member: A woman working at the block, taluka, tehsil, ward, or municipality level.
• Two Members: At least one of whom must be a woman, nominated from non-governmental organizations or associations committed to the cause of women or familiar with issues of sexual harassment.

Key Features of the LCC:

• At least one nominee should preferably have a legal background.
• At least one nominee should be a woman from a Scheduled Caste (SC), Scheduled Tribe (ST), Other Backward Class (OBC), or minority community.
• The Chairperson and members hold office for a maximum period of three years.

The jurisdiction of the LCC extends throughout the district, and the District Officer designates nodal officers in every block, taluka, and ward to receive and forward complaints to the LCC within seven days.

Redressal Mechanism

The Act provides a detailed procedure for handling complaints of sexual harassment. The complainant can submit a written complaint to the ICC or LCC within three months from the date of the incident. This period can be extended by another three months if the ICC or LCC finds the reasons for delay justified.

Upon receiving the complaint, the ICC or LCC may conduct a conciliation process between the complainant and the respondent to resolve the matter amicably, provided that the complainant is willing. However, monetary compensation is not allowed as a basis for conciliation. If conciliation is not possible or fails, the ICC or LCC shall proceed with an inquiry following the principles of natural justice.

During the inquiry:

• Both the complainant and the respondent are given a fair chance to present their case.
• Confidentiality is maintained throughout the process.
• The inquiry must be completed within 90 days.

If the respondent is found guilty, the ICC or LCC recommends appropriate action to the employer or the District Officer, which may include:

• Written apology
• Warning
• Reprimand or censure
• Withholding of promotion, pay raise, or increment
• Termination of employment
• Counseling or community service

The complainant also has the right to seek compensation from the employer, taking into account factors such as mental trauma, loss of career opportunity, and medical expenses.

Employer’s Responsibilities

Under the Act, employers have several obligations to ensure compliance and foster a workplace free from harassment. Key responsibilities include:

1. Creation of a Safe Workplace Environment: Employers must provide a safe working environment free from sexual harassment.
2. Constitution of the ICC: Employers are mandated to set up an ICC at every office or branch with more than 10 employees.
3. Awareness and Training Programs: Employers must organize workshops and awareness programs to sensitize employees about the Act and the consequences of engaging in sexual harassment.
4. Display of Information: Employers must prominently display information about the provisions of the Act, the formation of the ICC, and the process for filing complaints.
5. Reporting Obligations: Employers are required to include details of sexual harassment complaints and their outcomes in the annual report submitted to the district officer.

Penalties for Non-Compliance

Failure to comply with the provisions of the Act can result in penalties for employers, including a fine of up to ?50,000. Repeated violations may lead to higher fines or cancellation of business licenses.

Significance of the Act

The POSH Act is a crucial piece of legislation that empowers women to speak out against sexual harassment at the workplace and seek redressal in a structured and supportive environment. By broadening the definition of sexual harassment, the Act recognizes various forms of inappropriate behavior that can create a hostile work environment. It also establishes a clear and comprehensive mechanism for addressing complaints, providing a sense of security and support to women in the workplace.

Conclusion

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, serves as a critical framework for ensuring the safety, dignity, and equality of women in the workplace. It empowers women to seek redressal for grievances and emphasizes the importance of a harassment-free workplace culture. Employers are encouraged to actively implement the Act’s provisions and create an environment where all employees can thrive without fear of harassment. The Act not only protects the rights of women but also fosters a culture of respect, equality, and safety in the workplace.

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Article Compiled by:-

~Neel Lakhtariya

(LegalMantra.net Team)

Disclaimer: Every effort has been made to avoid errors or omissions in this material in spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition In no event the author shall be liable for any direct indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information Many sources have been considered including Newspapers, Journals, Bare Acts, Case Materials , Charted Secretary, Research Papers etc.

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