Posh Act

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH) was enacted to secure safe workspaces for women in India. It requires that Complaints Committees be setup by companies/ organisations for its employees and at district level by local administration for all informal workers not working under established organisations. The Act also requires authorities and employers to spread awareness about the menace of sexual harassment and prominently display redressal mechanisms so that women know their rights. There are heavy penalties for non compliance with provisions of the Act by companies. The POSH Act is the cornerstone for providing safety, security and dignity for the working women in the country. However, there are lacuna in its implementation which need to be worked on so that the rights which are promised can be enjoyed by women.

The need for the Act was first nationally recognised when a social worker Bhanwari Devi was gangraped for preventing child marriage in Rajasthan. First legal guidelines for protection of women in the workplace were given by the Supreme Court in the Vishakha Case. Supreme Court cited India’s ratification of Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and constitutional provisions upholding dignity and equality of women to enforce these guidelines in the country till a law was promulgated. The Vishakha Guidelines are now incorporated in the POSH Act.

The POSH Act was brought in 2012 with extensive protections and a broad definition of sexual harassment which includes physical, verbal, non-verbal and suggestive sexual remarks. Infact the Act’s application is also very wide and covers not just permanent employees but also interns, adhoc hirees, contractual employees etc. Women during the course of employment not only are protected at their office, but even at site areas or other places they might travel for work commitments. Hence, the entire time during their course of employment women are protected from any harassment.

All female employees, whether contractual or on ad hoc basis and even interns are protected under the law. Any harassment they face at their office or even while travelling for official work can be reported under this Act.

Sexual Harassment is defined very broadly under the Act and includes physical sexual advances and assault. It also includes conversations which can be sexually coloured, lewd jokes, verbal abuse or asking for sexual favours. A hostile work environment can be created for female employees with such conversations and remarks. Any other acts/ gestures of suggestive nature done including showing pornography is prohibited.

The Act also identifies the power dynamic involved and how female employees can be pressured to perform sexual favour in exchange for promotions or even threatened with demotion/ dismissal. Humiliating treatment which affects the safety or health of the female employee is also strictly prohibited.

The Act also identifies the power dynamicinvolved and how female employees can be pressured to perform sexual favour in exchange for promotions or even threatened with demotion/ dismissal. Humiliating treatment which affects the safety or health of the female employee is also strictly prohibited.

Employer is required to do the following and if they are found defaulting fines upto Rs 50,000 can be levied.

1. Setup an Internal Complaints Committee (ICC), if the company employs more than 10 employees.
2. Submit record of sexual harassment complaintsrecieved and action taken to district authorities.
3. Spread awareness about the Act to all employees through discussions/ talks/ briefings and by posting posters about the rights of the employees under the Act in prominent places.
4. Formulate a policy against sexual harassment at workplace

There are two committee setup, one is the ICC for each company/ organisation with more than 10 employees and the second is the Local Complaints Committee (LCC) in every district for all other working women in formal and informal sector which includes gig workers, social workers, domestic workers, hawkers, ragpickers etc.

• ICC Composition: The ICC is to be headed by a woman and should include a unbiased person from outside the organisation like an NGO worker who has atleast 5 years of experience in sexual harassment challenges.
• An inquiry is initiated with a written complaint which has to be submitted within 3-6 months of the incident.
• Limitation Period: If 6 months have passed, then that incident cannot be reported.
• Inquiry or Conciliation: The matter can either be settled through conciliation between the parties or there is an inquiry into the complaint. The Committee undertakes the inquiry and takes appropriate action based like firing/ transfering the wrongdoer. Inquiries are conducted as per the rules under the Act.
• Fair Procedure: All inquiries must follow principles of natural justice like giving a reasonable opportunity of hearing to both parties and sufficient time to them. So while no strict criminal procedure is followed, justice should be done and the committee should not act arbitrarily.

The POSH Act is a civil remedy, and was setup in interest of convenience so that women do not have to undertake the tedious criminal prosecution process.

• While this goal of accessibility was a noble one, there are also challenges with reporting your colleague at the workplace due to fear of repercussion and reputational damage.
• There is a power dynamic also involved in workplace harassment issues. Hence, there is a need to sensitize all people andimprove efficiency of the Committess to ensure justice.
• Most women do not report sexual harassment in India. A Report on ‘State of Sexual Harassment in India’ by Women’s Indian Chamber of Commerce and Industry noted that while half of the women at work have experienced sexual harassment, most do not report it.
• There is no monitoring body which checks if the law is being implemented in all companies. Neither is there a centralised database of workplace harassment cases to review the Act’s effectiveness.
• Committees are either not constituted or improperly constituted missing the external neutral member.
• Majority women in India are employed in the informal sector as labourers, domestic workers etc. They are not even aware of the existence of this Act and their rights under it.

The POSH Act is a comprehensive legislation which casts a wide net to protect women from all kinds of harassment. However there are challenges in ensuring its implementation and changing the mindset of people to ensure safety and security of women across the country. The Supreme Court of India and other subordinate courts have consistently taken note of the situation and issued penalties/ directions to authorities so that the Act is implemented e.g. recently directions were given forinstant appointment of District Officers in all areas.

SHe-Box (Sexual Harassment Electronic Box) online platform has been introduced by the Ministry of Women & Child Development for women to file complaints online. Here, all women can file their complaints which will be directed by the government to the employer’s ICC or the LCC. This technological intervention enables improved record keeping and monitoring by the government.

POSH Act implementation has a direct impact on safety of women and their participation in the workforce. As India’s Female Labour Force Participation is falling, POSH Act implementation is one of the crucial basic needs to signal that the workplace is safe for women in India. India’s goal of being a developed country in 2047 will be secured only when our women are part of the workforce.