Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)
Introduction to POSH Act
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), a landmark legislation, stands as a safeguard against workplace harassment, advocating a secure, respectful environment for every individual. This act aims to create awareness, prevent, and address instances of sexual harassment at workplaces across India.
Legal Framework
The POSH Act operates within a comprehensive legal framework that delineates the definition of sexual harassment, including unwelcome physical, verbal, or non-verbal conduct of a sexual nature. It mandates employers to constitute an Internal Committee (IC) in every office with more than 10 employees, ensuring a structured process for complaints and resolutions.
Role of Internal Committee (IC)
At the heart of the POSH Act lies the Internal Committee, entrusted with the pivotal responsibility of receiving, addressing, and redressing complaints. Comprising a presiding officer, two employees, and an external member, the ICC acts as the primary forum for resolving harassment complaints confidentially and impartially.
Grievance Redressal Process
The grievance redressal process under the POSH Act is a systematic pathway ensuring fair treatment to the complainant and the accused. It commences with the filing of a written complaint, followed by a thorough investigation, and culminates in a reasoned conclusion with appropriate action taken against the perpetrator.
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Responsibilities of Different Stakeholders
The POSH Act allocates distinct responsibilities to various stakeholders. Employers are mandated to provide a safe workplace, conduct awareness programs, and constitute ICs. Employees hold the responsibility to report instances of harassment promptly, ensuring their own and their colleagues’ well-being.
Compliances Under the POSH Act
Compliance with the POSH Act necessitates adherence to specific guidelines. It involves conducting periodic workshops, disseminating information about the Act, prominently displaying the policy, and ensuring the IC functions effectively and transparently.
Punishment for Violation or Non-Compliances
The Act sternly addresses violations and non-compliances. Failure to constitute an IC or non-adherence to the prescribed procedures can lead to penalties and even cancellation of business licenses, emphasizing the seriousness with which the law regards workplace safety.
Here is a list of resources, including Acts, Rules, and Advisories, provided by the Ministry of Women and Child Development, Government of India.
How Do We Build a Culture of Prevention?
Building a culture of prevention begins with instilling awareness and fostering a zero-tolerance attitude towards harassment. Regular sensitization workshops, training programs, and open dialogues are pivotal in shaping an environment where respect and dignity form the cornerstone of workplace interactions. Encouraging prompt reporting without fear of retaliation and ensuring swift and impartial redressal further fortify this culture.
Conclusion
The Prevention of Sexual Harassment Act stands not just as a legal mandate but as a catalyst for cultural transformation within workplaces. By establishing clear frameworks, delineating responsibilities, and emphasizing prevention, it endeavors to create an ecosystem where every individual feels safe, respected, and empowered.
In adhering to the POSH Act, organizations not only meet legal obligations but also manifest a commitment to ethical and moral principles, fostering an inclusive and secure work environment that enables every employee to thrive without the looming shadows of harassment.
Complinity is conducting a webinar on The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) on Wednesday, Dec 20, 2023 from 11 am – 12:30 pm. Click the link below to register for free.
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