Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Latest News

Odisha government recently directed all colleges to sensitise teachers, non-teaching staff and students on the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, within three days.

About POSH Act

• It was enacted to prevent and address incidents of sexual harassment of women at their place of work and provide a mechanism for redressal of complaints related to such harassment.
• 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.

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POSH Act Key Provisions

• Definition of Sexual Harassment: The Act provides a clear definition of sexual harassment, encompassing unwelcome acts or behaviour that are sexually colored, creating a hostile or intimidating work environment.
• Applicability: The Act applies to all workplaces, including government, private, and non-governmental organizations, as well as any organization, institution, undertaking, or establishment.
• Internal Committee (IC): The Act mandates every workplace employing more than ten persons to constitute an Internal Complaints Committee. This committee is responsible for addressing complaints of sexual harassment and ensuring a safe working environment.
• Local Committee (LC): 
  • The appropriate Government may notify a District Magistrate or Additional District Magistrate or the Collector or Deputy Collector as a District Officer for every District to exercise powers or discharge functions under this Act.
  • In cases where the workplace does not have an IC, the district officer shall constitute a Local Committee to receive and redress complaints. 
• Complaint Procedure: The Act lays down a specific procedure for making complaints, conducting inquiries, and resolving cases of sexual harassment. It ensures confidentiality and timely resolution of complaints.
• Protection against Retaliation: The Act prohibits retaliation or adverse actions against the complainant for filing a complaint in good faith.
• Penalties: If found guilty, the Act provides for penalties, which may include a monetary fine or termination of employment, depending on the severity of the offense.

POSH Act Complaint Procedure

• Filing the Complaint:
  • The aggrieved woman or any person authorized on her behalf can file a written complaint of sexual harassment.
  • The complaint should be filed with the Internal Committee (IC) if the organization has more than ten employees. 
  • If the organization has less than ten employees or for any other valid reason, the complaint can be filed with the Local Committee (LC) constituted by the district officer.
• Timeframe for Filing: The complaint should be filed within three months from the date of the incident of sexual harassment or within three months of the last incident, in case of a series of incidents.
• Composition of the Committee:
  • The IC or LC, as applicable, must have a majority of women members.
  • One of the members should be from a women’s rights organization or NGO.
• Inquiry Process:
  • The committee shall conduct an inquiry into the complaint in a fair and impartial manner.
  • The complainant, as well as the accused, shall have the right to present their case and provide evidence during the inquiry.
• Timeframe for Completion:
  • The committee is required to complete the inquiry within 90 days from the date of receipt of the complaint. 
  • However, if there are valid reasons, the time limit may be extended for an additional period, not exceeding 90 days.
• Confidentiality: The Act mandates that the proceedings of the inquiry and the identity of the parties involved should be kept confidential.
• Report and Action:
  • After completing the inquiry, the committee shall prepare a report of its findings and recommendations.
  • If the committee finds the accused guilty of sexual harassment, it shall recommend appropriate actions and penalties to the employer.
• Employer’s Action:
  • The employer is obligated to implement the recommendations of the committee within 60 days. 
  • The employer must provide appropriate relief to the aggrieved woman, which may include monetary compensation, counseling, or any other action to ensure a safe working environment.
• Appeal: If either party is dissatisfied with the decision of the IC/LC or the action taken by the employer, they may appeal to the Appellate Authority, as notified by the State Government within a period of 60 days from the date of recommendations.

Source: TH