Introduction
In modern workplaces, ensuring safety and dignity for women is not just a moral responsibility—it's a legal mandate. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, was enacted by the Indian Parliament to address and prevent sexual harassment against women at the workplace.
With increasing female participation in corporate and public sectors, it became imperative to create legal safeguards to protect women from unwelcome behavior, and the POSH Act emerged as a powerful step in that direction.
What is the POSH Act, 2013?
The POSH Act aims to ensure a safe working environment for women, free from sexual harassment. It legally defines sexual harassment and lays down procedures for filing complaints, conducting inquiries, and penalizing the guilty. It applies to all workplaces—organized or unorganized, private or public, and includes domestic workers.
Definition of Sexual Harassment [Section 2(n)]:
Includes any unwelcome physical, verbal or non-verbal conduct such as:
- Physical contact and advances
- Demand or request for sexual favors
- Sexually colored remarks
- Showing pornography
- Any other unwelcome sexual behavior
Background: Vishakha Guidelines
The Act draws its roots from the Supreme Court’s landmark ruling in Vishakha v. State of Rajasthan (1997). The Court laid down mandatory Vishakha Guidelines, emphasizing the employer's duty to prevent and redress sexual harassment. These guidelines later became the foundation for the POSH Act.
The judgment also invoked Article 15 of the Indian Constitution and international commitments such as CEDAW, which India ratified in 1993.
Provisions of the POSH Act
- Internal Complaints Committee (ICC) [Section 4]:
Mandatory for every workplace with 10 or more employees. - Local Complaints Committee (LCC) [Section 6]:
For workplaces with fewer than 10 employees or where ICC is not feasible. - Complaint Procedure [Section 9]:
The aggrieved woman can file a complaint within 3 months of the incident. - Inquiry Procedure [Section 11]:
The committee must complete the inquiry within 90 days. - Conciliation Option [Section 10]:
If the woman desires, conciliation (excluding monetary settlement) may be explored before inquiry. - False Complaint Penalty [Section 14]:
Action can be taken against malicious or false complaints. - Employer Duties [Section 19]:
- Ensure a safe working environment
- Conduct awareness programs
- Assist in legal redressal
- Treat harassment as “misconduct” under service rules
- Penalty for Non-Compliance [Section 26]:
Employers may face fines up to ₹50,000; repeated violations may lead to deregistration.
What is SHe-Box?
The Ministry of Women & Child Development launched SHe-Box – an online complaint portal for women (in any sector) to report sexual harassment at work. Complaints are directed to the appropriate authority for action.
Challenges in Implementation
While the POSH Act is comprehensive, implementation gaps persist:
- Absence or inactivity of ICCs
- Lack of awareness among employees
- Delayed or biased inquiry processes
- Stigma and fear of retaliation
Recent Supreme Court observations have flagged these shortcomings, urging stricter enforcement and accountability by employers and government bodies alike.
Conclusion
The POSH Act, 2013 is a landmark in ensuring workplace dignity and security for women. However, legal protection alone isn't enough—it must be matched with active awareness, gender sensitization, and robust internal mechanisms. Only then can we ensure a truly safe and inclusive work culture for all.
