What exactly is the PoSH Act 2013? What are the act's provisions? What is the history of India's sexual harassment Posh laws?
Why the PoSH Act 2013 has lately been in the news: The Bombay High Court's contentious restrictions barring the media from reporting on workplace sexual harassment allegations have been challenged before the Supreme Court.
In PoSH Act 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) PoSH Act 2013 (commonly known as the “POSH Act“) became Posh law. The Act creates a process for dealing with workplace sexual harassment accusations.
The PoSH (Protection of Women from Sexual Harassment) Posh Act 2013 was enacted to protect women from sexual harassment.
The PoSH Act 2013 was enacted to prevent and protect women from sexual harassment at work and, as a result, to provide a safe working environment for women.
As a mandatory compliance requirement, the PoSH Act 2013 requires every company with more than ten employees to form an Internal Complaints Committee (ICC) in the prescribed manner to receive and address complaints of any kind of sexual harassment from women in a time-bound and extremely confidential manner. Because the POSH Act 2013 is not gender-neutral, the individual who can make a complaint must be a woman.
Provisions of the PoSH Act 2013
- The Posh Law outlines sexual harassment in the workplace, establishes a procedure for resolving complaints, and protects against false or malicious claims.
- Every employer is obligated to form an Internal Complaints Committee (ICC) in each office or branch with ten or more workers.
- If a complainant requests it, the Complaints Committees have the authority of civil courts and are obligated to arrange for mediation before commencing an inquiry.
- Penalties have been established for employers who fail to comply with the Act's requirements.
- The State Government will inform the District Officer in each district, who would form a Local Complaints Committee (LCC) to allow women working in the unorganised sector or small companies to operate in a sexually harassment-free environment.
The formation of an ICC sends a strong statement that the organisation is entirely dedicated to working toward the protection of women. Nonetheless, it is crucial to highlight that forming an ICC is a legal obligation under the PoSH Act 2013, and failure to do so can result in significant fines and the loss of a licence to conduct commercial activities.
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