The Prevention of Sexual Harassment (POSH) Act, 2013, is a pivotal legislation that holds immense significance in its aim to create a safe and secure workplace environment for women in India. The Act is a powerful tool that seeks to prevent, prohibit, and redress sexual harassment of women in the workplace. by the Overview of POSH Act we can aware the women about the Act.

 

Key Provisions:

1. Definition of Sexual Harassment: The Act defines “Sexual Harassment” as unwelcome sexually tinted behaviour, whether directly or by implication, such as (i) physical contact and advances, (ii) demand or request for sexual favours, (iii) making sexually coloured remarks, (iv) showing pornography, or (v) any other.
2. Workplace: The POSH Act applies to all workplaces, both public and private, and covers a wide range of establishments, including offices, factories, shops, and educational institutions.
3. Internal Complaints Committee (ICC): Every organisation is required to establish an ICC to address reported sexual harassment complaints and ensure a safe workplace for all.
4. Complaint Redressal: The POSH Act mandates that the ICC is required to complete the inquiry within 90 days and submit the report.

 

Practical Aspects of the POSH Act:

 

1. Creating Awareness: Organisations need to conduct regular workshops and training programs to train and sensitise their employees about the various provisions of the POSH Act.
2. ICC Constitution: The Internal Complaints Committee is an in-house redress mechanism for investigating alleged sexual harassment complaints in institutions /organisations. The POSH Act provides that an organisation with 10 or more employees must constitute an ICC. It comprises at least four members, including a chairperson, two members, and one external member.
3. Complaint Handling: Organisations must establish a clear and step-by-step complaint-handling guide that helps the Internal Complaints Committee handle the POSH complaints systematically and promptly.
4. Annual Reports: Organisations are required to submit their annual reports to the District Officer. The report should detail the number of complaints received, the number of complaints resolved, and the status of pending complaints to ensure transparency and accountability.
5. Consequences of Non-Compliance: Non-compliance to the various provisions of the POSH Act can attract a penalty of Rs. 50,000, which can go up to Rs. 25 lakhs, or imprisonment or both.

 

Best Practices:

1. Develop a POSH Policy: Organisations should develop a comprehensive POSH policy, outlining procedures for prevention, prohibition, and redressal.
2. Regular Training: Organisations should demonstrate their ongoing commitment to the POSH Act by conducting regular training programs for employees and ICC members, thereby ensuring everyone is well-informed and prepared.
3. Confidentiality: Organisations should ensure privacy and anonymity for complainants.
4. Prompt Action: Organisations should promptly act on complaints, ensuring timely resolution.

 

The POSH Act is undoubtedly a significant step towards creating a safe and secure work environment for women in India. Organisations must take proactive measures to spread awareness, implement the various provisions of the POSH Act, ensure compliance and create a culture of respect and inclusivity. It helps to create an environment at work where everyone is appreciated, feels important, and is given the freedom to succeed by doing this and also aware us about Overview of the POSH Act. For more contact us from our website.