Prevention Of Sexual Harrasment

 

WHAT IS THE POSH ACT?

"The **POSH Act** stands for the **Prevention of Sexual Harassment at the Workplace Act**, which was enacted in **2013** in India. The law aims to create a safe and respectful working environment for all employees, regardless of gender."

"The act came into being after a 2012 landmark case where a woman, working in a multinational company, filed a complaint of sexual harassment. This highlighted the need for a clear law to address this issue in the workplace."

WHO DOES THE POSH ACT PROTECT?

"The POSH Act protects all individuals at the workplace, but it's particularly focused on safeguarding women from sexual harassment. This includes employees, interns, contractual workers, and even volunteers working for an organization."

"Importantly, it also applies to workers in both the formal and informal sectors. So whether you’re in a corporate office or working at a small organization, the law is there to protect you."

                Must watch :- Prevention of sexual harrasment

WHAT CONSTITUTES SEXUAL HARASSMENT?

"So what exactly does the law say about sexual harassment? The POSH Act defines sexual harassment as any kind of unwelcome behavior that is **physical, verbal, or non-verbal**. It includes acts like:

Unwanted physical contact or advances

Sexual comments, jokes, or gestures

Displaying sexually explicit materials

Any other behavior that creates a hostile or intimidating environment

"So if any of these things happen in your workplace, it could be considered harassment under the law."

COMPLAINT MECHANISM AND INTERNAL COMMITTEE

"Now, let’s talk about how the law actually works. If someone is harassed, they can file a complaint with the **Internal Complaints Committee** (ICC) in their organization. Every company with more than 10 employees is required to form this committee to deal with such complaints."

"The committee is supposed to be gender-neutral and must be headed by a woman. It also needs to have at least one external member — usually someone with experience in legal or social work related to sexual harassment."

DUTIES OF THE EMPLOYER

"Employers also have specific responsibilities under the POSH Act. They must:

1. Ensure the workplace is free from sexual harassment.

2. Take immediate action if a complaint is made.

3. Implement awareness programs and workshops to educate employees about the law.

"Basically, the employer must create an environment where harassment is not tolerated and ensure there are clear avenues for employees to report incidents."

PENALTIES FOR VIOLATION

"So what happens if the employer or the accused fails to comply with the law? Well, the law does have penalties. If the employer doesn’t set up an Internal Complaints Committee or fails to act on complaints, they could face a fine of up to ₹50,000. In more serious cases, they could face higher fines or even suspension of their business operations."

CONCLUSION

"To wrap things up, the POSH Act plays a crucial role in ensuring safe and dignified workplaces for all employees. It encourages employers to take proactive steps to prevent harassment and create an environment of respect."

"So, if you’re someone who works or manages a workplace, make sure you're aware of your responsibilities under this act. And if you’ve experienced harassment or witnessed it, know that there are legal frameworks in place to help.”