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POSH Act | Meaning & Definition

Throughout history, women have been confined to traditional roles, with society expecting them to take care of the home while men were expected to be the breadwinners. This division created gender norms that restricted women’s professional and personal growth. As societies progressed, women began to enter the business world. They became more active in the workforce. Despite these advancements, women still face serious challenges. Violence and exploitation remain significant issues.

In work environments where men hold the majority of the positions, harassment and discrimination are commonly experienced. The Equal Employment Opportunity Commission (EEOC) found that 25–85% of women report experiencing sexual harassment in the workplace. To safeguard working women, the Prevention of Sexual Harassment at Work Place Act was introduced in India in 2013.

This blog explains the POSH Act and how HR personnel can implement it effectively. Understanding the nuances of the POSH Act is crucial for HR professionals to ensure compliance and protect employees. This would enable HR to formulate a clear sexual harassment policy at their workplace.

What is POSH?

The POSH Act is a legislation enacted by the Government of India in 2013. The full form of POSH is Prevention of Sexual Harassment. Its objective is to create a safe and conducive workplace for women.

The Sexual Harassment Prevention Act specifies what constitutes sexual harassment. This includes unwelcome or offensive physical contact and sexual advances, requests or solicitations for sexual favors, and other sexually charged remarks and pornography display, amongst other improper physical, verbal, or non-verbal conduct of a sexual character.

The act itself constitutes a full body of rules that would bind all Indian workplaces to some extent. It outlines the procedures applicable to complaints of sexual harassment except for those presumed by superior legal authorities.

POSH Act: Background

One of India’s most major decisions in its fight against sexual harassment in the workplace was the Supreme Court’s judgment in Vishaka and Others v State of Rajasthan. At the time when there was no specific legislation to deal with such severe issues, the court provided the Vishaka Guidelines.

The Vishaka Guidelines were not only based on domestic law but also drew inspiration from international standards. The Supreme Court drew power from relevant provisions of the Constitution, such as Article 15, which prohibits discrimination on the basis of gender. Additionally, the court looked to international conventions like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India ratified back in 1993.

These guidelines formed the basis for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Under the POSH Act, What Conditions Does It Enforce on Employers?

Certain conditions/obligations are imposed on the employers by the Government under the POSH Act. Here are the conditions imposed on employers:

Safe Working Environment

Employers under the Sexual Harassment Prevention Act must ensure a safe working environment for all women.

Anti-Sexual Harassment Policy

Employers must establish an anti-sexual harassment policy. This policy should define misconduct clearly. It should explain how to lodge complaints. It must outline actions against offenders.

Internal Complaints Committee (ICC)

An organization with ten or more employees shall form an ICC. The committee investigates any complaint of sexual harassment and recommends action.

ICC Composition

The ICC must have at least 4 members. The Presiding Officer should be a senior-level woman employee. At least 50% of the members must be women.

Display ICC Details

Ensure ICC details are visible to employees. Include names and contact details.

Awareness Programs

Regularly conduct awareness programs. Provide training sessions for all employees and managers. Cover the Sexual Harassment Prevention Act, its provisions, and prevention of sexual harassment.

Complaint Mechanism

Establish a clear complaint mechanism. Make it accessible for reporting incidents. This may include a complaint box, email address, or online portal.

Confidentiality

Maintain the highest level of privacy. Do not disclose the identity of the complainant. Do not disclose the identity of the respondent.

Time-bound Investigation

Conduct investigations within the timelines specified by the Act.

Annual Report

Present a yearly report. Submit it to the District Officer and the employer. Include details on the number of complaints received and disposed of.

Hurdles Faced in Implementing the POSH Act in India

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was a landmark legislation in India. However, several difficulties are faced in fully implementing the Act. Here are five main challenges faced:

Lack of Awareness

Many organizations, especially smaller units, are unaware of the Sexual Harassment Prevention Act. They may fail to establish Internal Complaints Committees or comply with the Act’s requirements.

Social Stigma and Fear of Retaliation

Reporting sexual harassment can be intimidating. This is especially true in conservative workplaces. Women may face social stigmatization and victim shaming. They may also fear retaliation. These fears can prevent them from filing complaints.

Ineffective ICC Composition

Sometimes, ICCs do not effectively represent women. They may lack trained and experienced members. This can undermine confidence in the process and discourage women from coming forward.

Delays in Investigations and Resolutions

Inquiries under the Sexual Harassment Prevention Act have to be time-bound. Delays in processing complaints can occur due to bureaucratic red tape or insufficient resources. These delays discourage complainants and undermine the purpose of the Act.

Resistance of Employer

Some employers view implementing the POCSOH Act as a drag and a cost added to their expenditure. They may be reluctant to spend money on ICC formation, training, or investigations. A lack of commitment from top management can hinder the Act’s effective implementation and lead to non-compliance.

What are the Other Initiatives for Women’s Safety Besides PoSH Act

There are many initiatives in addition to the POSH Act that promote women’s safety in the workplace, including:

Awareness campaigns

The National Commission for Women (NCW) conducts awareness campaigns. These involve seminars, workshops, and public outreach programs to educate women about their rights and the legal remedies available.

Helplines

These provide a direct channel for women to file complaints. The National Commission for Women (NCW) can be contacted at 011-26944880/26944883 or through its website.

Gender sensitivity training programs

These programs help promote gender sensitivity in the workplace. These programs often cover unconscious bias, gender stereotypes, and respectful workplace behavior.

Labor laws

These laws include provisions for suitable seating arrangements, restrictions on night shifts, and facilities for personal hygiene.

Conclusion

The POSH Act is more than legislation. It represents a commitment to a safe and respectful workplace for women. HR managers must ensure proper implementation of the act. They should simultaneously establish a Sexual Harassment Policy within the organization. Embracing this Act will help build a future where every worker is valued, allowing everyone to work without fear of harassment.

FAQ

Is Implementing the POSH Act a Complex and Expensive Process?

Implementing the Sexual Harassment Prevention Act requires proactive steps. Employers must form an ICC and conduct training. This may involve initial costs. However, these steps are crucial. They help create a safer workplace. They also reduce legal risks and ensure employee well-being.

What if My Organization Is Small and Has Fewer Than 10 Employees?

Small organizations must appoint a Complaint Enquiry Officer. This officer will handle and address complaints.

How Do I Ensure There Is a Fair and Unbiased ICC Investigation?

The ICC must be diverse. It should include women and external members. ICC members must be well-trained. The investigation process must be kept confidential. This ensures a fair outcome.

What Can Be the Consequence of Non-adherence With the POSH Act?

Non-compliance leads to penalties. It also results in reputational loss. Litigation may follow. Investing in a POSH-compliant workplace ensures a happier workplace. It also protects your organization in the long run.

Where Could I Get Information About Implementing the Sexual Harassment Prevention Act?

The Ministry of Women and Child Development provides guidelines on its website. NGOs and law firms offer consultation services for Sexual Harassment Prevention Act implementation.

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