In December 2013 the Prevention of Sexual Harassment at the Workplace Act, also known as the PSH Act, was enacted. The Act was enacted in December 2013 to give women protection against sexual harassment on the job and related matters.
Key Provisions in the POSH Act
1. Definition of sexual Harassment
Indirectly, or directly (as appropriate), sexual harassment can include any or all of these unwelcome actions or behaviors.
- Contact and physical advances
- Demanding sexual favors
- Making Sexually Colored Remarks
- Pornography
- Other unwanted sexual conduct, whether physical or verbal
2. The POSH Act has a broad scope
The Act is applicable to all women, irrespective of their age, employment status, or type of organization they are working in (organized/unorganized, public/private sectors). The Act covers both salaried and non-salaried workers as well trainees, apprentices and public sector employees.
3. The Constitution of the Internal Complaints Committee
Employers with more than 10 employees are required to form an ICC for the purpose of addressing complaints about sexual harassment. The ICC should consist of:
- The Presiding officer is usually a female employee at the senior level.
- Two members of the organisation must have experience in legal or social work.
- You can also ask an expert from a non-profit organization or someone with experience in sexual harassment to join you.
4. Local Complaints Committee
If the complainant is an employer or the number of employees at the establishment are below 10, the local government will need to form a Local Complaints Committee.
5. The Complaints Filing Process
Within three months of the date the incident occurred, the woman who has been harmed must file a written complaint with the ICC. This time limit may be increased if valid reasons are given for the delay.
6. Inquiry Process
Upon receiving a complaint, the ICC/LCC conducts an inquiry that should be concluded within 90 calendar days. It is important that the inquiry be conducted according to natural justice principles, with both sides being given an opportunity to be heard.
7. Confidentiality
According to the Act, the identity of the complaint, the respondent and the witnesses as well as proceedings and recommendations must remain confidential. The Act punishes breaches of confidentiality.
8. Sanctions and Penalties
If an allegation is proven to be true, the ICC/LCC may recommend disciplinary actions in line with company service rules, including termination, salary deductions, and other appropriate disciplinary measures. This Act also prescribes sanctions for employers that fail to adhere to the Act’s provisions.
India Relevant Examples
Example 1: Tezpur University, Assam
Tezpur University formed an Internal Complaints Committee, in accordance to the POSH Act, for complaints of sexual misconduct. The university organized seminars and workshops to educate staff and students about the Act.
Example 2: Infosys Ltd.
Infosys’ internal complaints committee is established and they conduct regular trainings to make employees aware of sexual harassment. The company has created a portal online where anonymous complaints can be registered by employees.
FAQs are frequently asked questions
1. What constitutes sexual harassment under the POSH Act?
Under the POSH Act, sexual harassment includes unwanted acts such as sexually charged remarks or advances, sexual demands or requests, pornography or other sexually oriented conduct.
3. Who has the right to make a POSH Act complaint?
Any woman who feels harassed at work, be it an employee, trainee, or apprentice, paid or not, may file a claim under the POSH Act.
3. When can I file a formal complaint?
The complaint must be made within 3 months of the date the incident occurred. This period may be extended, however, if the complainant can provide valid reasons.
4. What happens when there’s no Internal Complaints Committee?
Women who are not satisfied with the internal complaints committee of an organization can appeal to the Local Complaints Committee formed by the District Government.
5. How long will it take to process my inquiry?
The ICC/LCC will investigate the complaint within 90 days of receiving it.
6. What is the punishment for making false claims?
The ICC/LCC has the right to recommend that an action be taken against the complainant if it is determined that their complaint was false or malicious. This will depend on the rules and regulations of the organisation.
7. How can the ICC advise on the best course of action if these allegations are confirmed?
If the allegation is proven to be true, the ICC will recommend disciplinary actions against the respondent. This may include terminating employment, deducting salary from the respondent’s pay, writing an apology, and other measures.
8. Do you have any rules or regulations regarding the handling of confidential cases?
The POSH Act does require confidentiality. Confidentiality must be maintained in the identity of complainant, defendant, witnesses and proceedings. Under the Act, a breach of confidentiality can be punished.
9. What is the POSH Act’s employer responsibility?
Employers must provide a secure working environment. An ICC is to be formed. Sexual harassment will have severe penalties. Workshops and awareness programs are organized.
10. Does the complainant have the right to compensation?
A woman may claim compensation if she has suffered a loss. The ICC/LCC could recommend compensation for the woman based upon the psychological trauma suffered, the loss of career prospects, the medical expenses and other factors.
You can also read our conclusion.
The POSH Act in India is a major legislative initiative to provide safer working environments for Indian women. This act mandates the organizations to implement preventive measures, and it provides mechanisms that will allow them to deal with complaints effectively. It is important to maintain a culture that promotes safety and respect in the workplace.
