The POSH Act, a venture by the Indian government, plays a very important role in having a safe and sound environment at workplaces for all, especially women, as it attempts to prevent sexual harassment at workplaces. The POSH Act arose from ever-growing concerns about sexual harassment at workplaces, with an urgent need for efficient measures to check sexual harassment, promote gender equality, and provide dignity at workplaces.
What is the POSH Act?
POSH Act: The POSH act was enacted with sexual harassment at workplaces in mind; it broadly defines sexual harassment to include all forms of physical, verbal, and other non-verbal behavior, marking a sort of welcoming in the workplace. It primarily aims at safeguarding the employees from harassment so that they can work in a safe environment free from intimidation or discrimination.
Full Form of POSH Act
The full form of the POSH Act is Prevention of Sexual Harassment of Women at Workplace (Protection, Prohibition and Redressal) Act, 2013. This was a crucial landmark in the recognition and redressal of sexual harassment in all workplaces across India.
Applicability of POSH Act
The POSH Act covers all sectors of the organisations: from private to public, with ten and more employees. This includes corporate offices, education and NGOs, government establishments. All workplaces must, according to the Act, formulate their anti-sexual harassment policies and take measures to curb sexual harassment.
History of POSH Act
The POSH Act was a result of the December 9 date, 2013. This was a natural repercussion of the swelling wave of activist movements for the rights of women in India. It was an initiative after the landmark judgment of 1997 by the Supreme Court on the Vishaka ruling that outlined guidelines regarding sexual harassment in the workplace.
Rules under the POSH Act
The POSH Act explicitly cites a set of rules, with which the organization must conform to remain complaint and be able to sustain a healthy work environment. Here are a few of the major rules set by the Act:
1. Forming Internal Complaints Committees (ICCs)
Organizations with ten or more employees have to constitute an Internal Complaints Committee.
The ICC should comprise of a chairperson who preferably would be a woman and two members at least from the organization and one external member.
2. Policy Formulation
There should be a policy that clearly formulates against sexual harassment.
Such policy must be communicated to all employees effectively, including definitions, processes for reporting, and consequences.
3. Awareness Programs
The employers have to organize the awareness programs and trainings periodically among the employees regarding the Act, provisions of the Act, and the importance of a safe workplace.
4. Complaint Mechanism
Complaint mechanism: There should be an established mechanism for filing complaints.
The complaints should be received in writing or oral and how to lodge complaints should be communicated to each employee.
5. Confidentiality
Complaints and identities of the complainants should be strictly confidential to avoid a reaction from people as well as more harassment
6. Time-bound Investigation
The ICC must complete an investigation within a set time limit, which is usually within 90 days from when the complaint was received on date.
7. Interim Relief
The ICC may take interim measures during the investigation, for example by relocating the complainant or accused in cases of possible additional harassment.
8. Implementation of Findings
As such, according to the findings of this investigation, the International Crimes Court may recommend disciplinary measures against the accused, including warnings, suspension, or termination.
9. Annual Reporting
Organisational entities are required to prepare and update complaints reports annually on the received complaints, status, and action taken. These reports are then furnished before the appropriate government departments.
10. Protection against Retaliation
Retaliation of any type of the complaintant or anyone connected with the proceeding of investigating such incidents is not permitted under the Act. This assures an employee that she can make incidents complaints without any fear of retaliations .
11. Knowledge of Rights
Employers must, on a regular basis, update workers as to the rights under the Act and routes that can be pursued in presenting redress or filing a complaint.
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Objectives of the POSH Act
The POSH Act was enacted to avoid, at all costs, various key objectives that are held to provide a working environment free from harassment and disrespect. Some of the main goals of the POSH Act include:
1. Prevention of Sexual Harassment.
The most significant purpose of the POSH Act is to prevent sexual harassment at work by women in the workplace. When such practices never take place in that environment, people will be secure.
2. Safe Work Environment
The Act envisages that any employee, especially women, should be able to work in a safe and dignified manner. It lays down the element of workplaces not being intimidating, discriminatory or harassing.
3. Mechanism for Complaints
The POSH Act defines procedures for complaints about sexual harassment. The formation of Internal Complaints Committees (ICCs) is required in dealing with grievances efficiently and confidentially.
4. Awareness
One of the most important goals is educating employees about sexual harassment and employee rights. Through the Act, institutes or organizations are spurred to take the initiative for formulating and implementing training and educational programs designed to make employees aware of what constitutes sexual harassment and how and where a complaint can be filed.
5. Promote Gender Balance
The POSH Act, therefore, attempts to promote gender balance at the workplace by making provisions for prohibiting sexual harassment. It recognizes the fact that sexual harassment would undermine women's participation and advancement in the workforce, and it sets about countering this notion.
6. Responsibility
It is the work ethic of the Act to promote a culture of mutual respect, where employees are encouraged to behave responsibly and sensitively towards each other. It needs to ensure that inappropriate behavior in the workplace is not promoted.
7. Legal Compliance
What the POSH Act does is to put workplace practices in tandem with the legal requirements. To ensure that organizations comply with national and international standards related to safety and rights in a place of work by mandating the establishment of policies and procedures, the Act ensures that organizations enforce the standards in place to maintain workplace safety and rights.
8. Ensure Victims' Access to Redressal Mechanisms
This Act aims to ensure victims of sexual harassment are allowed easy access to redressal mechanisms and that no retaliation moves against them. It empowers victims without the fear of doing so.
Few Important Sections of POSH Act
Section 4: Obligation of the Employer to Prevent Sexual Harassment
This section mandates the employer to form an appropriate policy against sexual harassment. It includes the following requirements for the employer:
Forming an Internal Complaints Committee (ICC) for redressing grievances
Publicizing the policy among all employees
Organizing training programs concerning the policy and the procedures to raise complaints concerning harassment.
Section 16: Procedure of the ICC
Section 16 Procedural Provisions by the ICC in the Process of Inquiry into Complaints The provisions for the ICC on investigation of complaints state:
The inquiry shall be fair and informal.
The inquiry shall be conducted in confidence.
The inquiry shall be completed within a period, which may in total exceed 90 days .
Section 18: Powers to be exercised by the ICC
This section explicitly states the power vested upon the ICC, including:
Powers to recommend disciplinary action against the accused based on the findings of the investigation.
This would mean interim measures in the course of an investigation, such as transfer or alteration of duties to ensure employees' safety.
Section 19: Responsibilities of Workplaces
Responsibilities of workplaces in terms of the compliance with the Act are highlighted under Section 19, which entails:
Assisting the ICC in conducting their investigations.
Ensuring the safety of employees and no retaliatory actions against complainants.
Producing records to show registration and outcomes of complaints
Section 21: Consequences of Non-compliance
This section prescribes penalties on employers, failing to comply with the provisions of the POSH Act. These are as follows:
Financial penalties for failing to set up an ICC or not dealing with complaints appropriately
Possibility of legal consequences arising out of continued non-compliance, which may include stiffer penalties for the authorities.
Misuse of the POSH Act
Whereas the POSH Act is fundamentally the framework for the protection of employees from sexual harassment, a growing concern is that it is being misused. But to be able to maintain the integrity of the Act while keeping ground realities in sight, understanding these issues is quite essential.
Risk of Misuse
False Allegations: In some cases, people do make false reports for a variety of reasons, like revenge on someone, professional rivalry, or to gain leverage on disputes. Such abuse can make it problematic for true claims, as it may discourage the real victims from reporting.
Impact on the Accused: Wrongful accusations can result in severe damage for the accused, including reputational damage, mental depression, and loss of employment. The stigma attached to being accused stays even if the accusation is false.
Manipulation of Procedures: There are other persons who may misuse the procedures under the POSH Act, whereby complaints can be lodged under the guise of harassment or intimidation by a colleague or supervisor, and take advantage of protection under the Act.
Checking Provisions for Misuse of Protection
Certain specific provisions have been included in the POSH Act to address these issues:
False Complaint Penalties The Act provides that the committee shall have power to impose disciplinary measures where the committee has found the complaint to be frivolous or vexatious or where the committee finds that misleading information has been given to the ICC. It is in the course of so doing that the Act seeks to prevent frivolous allegations in the guise of complaints.
Confidentiality at the Time of Inquiry: Section 19 of the Act underlines the requirement of maintaining confidentiality during the process of inquiry and safeguards both the complainant and the accused till such time as the issue is resolved.
Thorough Investigations: The ICC should carry out thorough investigations over complaints lodged against officials for fair assessment of such complaints. This will determine whether the claims are valid or not before punishment is meted out.
Protective and Accountability Functions
Training: The organisations should ensure conducting the in-house training programmes not only educating employees about their rights and obligations under the POSH Act but also about the liabilities accredited with rights.
Promoting Responsible Reporting: In an open and respectful organization, by demanding employees to report true incidents yet sensitive to the serious consequences of false complaints.
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Punishment Under the POSH Act
The POSH Act has particular provisions of penalties and punishments in connection with any breach of its guidelines. Therefore, both the perpetrator of sexual harassment and the employer would be liable for the breach of the Act. Here is a summary of the punitive measures in the Act:
1. Against Perpetrators of Sexual Harassment
Disciplinary Action: Upon ICC investigation of a complaint, if the person complained about is found guilty. The ICC may recommend the following disciplinary actions:
Warning or Reprimand: Verbal warning on possible future conduct.
Suspension: Removal from duty temporarily. The period can be as short as a few days to several months, depending on the offense committed.
Termination: Separation from the organization for grave offenses.
2. Against False Complaints
Punishment for Malicious Complaints: If the complaint is held to be false or false with oblique motives, the complainant shall also undergo disciplinary action that may be in the form of:
Fines: monetary penalties issued.
Termination of Employment: In those cases where falsity is extreme, one loses one's job.
Legal Action: Depending on circumstances, legal action can be initiated against individuals filing knowingly false complaints, among others.
3. Employer Responsibilities
Punishment for Non-Compliance: An employer can face punishment by failing to comply with provisions of the POSH Act, or failing to set up an Internal Complaints Committee, among other things.
Fines: Fines may be levied on employers for their failure to adhere to the law.
Legal: Continued failures to comply may attract legal measures in the form of criminal charges and punishments from the government.
The ICC plays a highly important role in giving effect to these punishments. In this scenario, it would have to conduct an inquiry into the matter and then give advice according to the findings.
These recommendations should be given due consideration by the employers, and proper action should be taken so that the Act is not violated within their companies.
New Amendments
The POSH Act has undergone many amendments so far, mainly in the year 2023, aimed at enhancing the effectiveness of the law. Such amendments target the expansion of the definition of harassment, new forms of digital harassment, and also procedural safeguards for the complainant.
POSH Act in the company
Companies should regard compliance under the POSH Act as a moral ethos rather than a legal compulsion. Organizations must mandatorily conduct regular training programs, create awareness among all their employees regarding the policies and procedures of the act, and be proactive enough to avoid such malpractices at workplaces. A proactive approach may work wonders to enhance the workplace culture and employee satisfaction.
Conclusion
The POSH Act is the most significant advancement made by Indian legislation towards the rights of women and safety in the workplace. With an organization guaranteeing a safe environment at work, as well as clear redressal mechanisms in procedures, the Act gives respect and dignity to all employees. Continuous efforts towards educating and enforcing the provisions of the Act are important to achieve their objectives.
POSH Act FAQs
1. What is the core objective of the POSH Act?
The POSH Act aims primarily to prevent sexual harassment of women at workplaces and to provide redressal mechanisms.
2. To whom does the POSH Act apply?
The POSH Act applies to all workplaces with ten or more employees, including private and public sector organizations.
3. What are the consequences of a breach of the POSH Act?
Penalties for a violation of the POSH Act can be a fine imposed and penalties meted out against offenders; possible imprisonment for severe offences.
4. Can a man file a complaint under the POSH Act?
Yes; the Act protects women mainly, but men could also be victims of sexual harassment and have a right to file complaints under the POSH Act.
5. How are organisations supposed to ensure compliance?
The organization is expected to comply with the POSH Act.
Forming Internal Complaints Committees and training and awareness programs conducted with regularity, coupled with a sound sexual harassment policy, would ensure that the organizations remained under the ambit of the law.
