Context: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH) has completed 10 years of implementation.

What is the POSH Act?

• Objective: To provide protection against sexual harassment of women in their workplace, public or private, to ensure gender equality, right to dignity and a favourable working environment.

• It gave legislative backing to Vishaka Guidelines.  

Key Features of the PoSH Act

• Clear Definition of Sexual Harassment: The Act defines sexual harassment to include unwelcome acts such as physical contact and sexual advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. 

• Applicability: The Act is applicable to all workplaces, including the organized and unorganized sectors, the public and private sectors, and government and non-government organizations.

• Employee: All women employees, whether employed regularly, temporarily, contractually, on an ad hoc or daily wage basis, as apprentices or interns or even employed without the knowledge of the principal employer, can seek redressal to sexual harassment in the workplace.

• Constitution of Internal Complaints Committee (ICC): Employers are required to constitute an ICC at each office or branch with 10 or more employees.

• It has to be headed by a woman, have at least two women employees, another employee, and a third party such as an NGO worker with five years of experience. 

• Local Committee (LC): It mandates every district in the country to create a local committee (LC) to receive complaints from women working in firms with less than 10 employees.

• Procedure for Filing Complaints: Woman can file a written complaint within three to six months of the sexual harassment incident.

• There are two ways to resolve the issue by the committee- through conciliation between the complainant and the respondent (which cannot be a financial settlement), or committees could initiate an inquiry, taking appropriate action based on what it finds.

• Annual Audit Report: The employer has to file an annual audit report with the district officer about the number of sexual harassment complaints filed and actions taken at the end of the year. 

• Penalty: If the employer fails to constitute an ICC or does not abide by any other provision, they must pay a fine of up to Rs 50,000, which increases for a repeat offence.

Significance of the Act

• Quicker and more efficient resolution of cases

• Promotion of a Safe Work Environment.

• The existence of a legal framework with penalties for non-compliance serves as a deterrent against sexual harassment at the workplace. 

• The  wide applicability ensures that protections against sexual harassment are extended to a diverse range of workplaces.

• The Act emphasizes the importance of maintaining confidentiality during the inquiry process which encourages victims to come forward and report incidents.

Challenges in the Implementation of the PoSH Act

• Lack of Awareness: Many individuals may not be fully aware of their rights and responsibilities under the law, leading to underreporting of incidents and inadequate preventive measures.

• Inadequate Training: Lack of training can result in improper handling of complaints, potential biases, and a failure to create a supportive and responsive environment.

• Non-compliance: Some employers may not fully comply with the requirements of the PoSH Act, such as the constitution of ICCs, conducting awareness programs, and implementing preventive measures. 

• Informal Workplaces: Challenges in addressing sexual harassment in informal or unorganized workplaces where there may be a lack of clear reporting structures, established policies, and awareness about the legal framework.

• Inadequate Penalties: The Act does not specify stringent penalties for non-compliance, which may reduce the deterrent effect. 

• Cross-Border Challenges: Multinational organizations may face challenges in implementing the POSH Act across different jurisdictions with varying legal frameworks. 

Justice Verma Committee on Sexual Harassment at Workplace

• Recommended setting up an employment tribunal instead of an Internal Complaints Committee (ICC). 

• To ensure speedy disposal, the committee may choose its own procedure to deal with each complaint. 

• Domestic Workers should be included in the purview of the Act. 

• The panel has recommended removing the provision penalizing women for false complaints, as it can potentially nullify the objective of the law. 

Road Ahead

• Stronger penalties and enforcement mechanisms could contribute to better compliance with the provisions of the law.

• Adapting the PoSH Act to address the challenges posed by changes, such as virtual harassment and decentralized work environments, is crucial.

• Regular awareness campaigns, comprehensive training programs, and continuous evaluation and updates to the legal framework can contribute to the effective implementation of the PoSH Act.