If you are working in the corporate sector or any government job, you must have heard of the POSH Act for sure. Most people confuse POSH with the POCSO Act. So if they are not very sure about the terminology itself, being familiar with the laws and provisions sounds dicey. You do not need to be a lawyer to know what this particular law holds for you. Therefore, here is an introduction to the POSH Act, 2013.
POSH Act Full Form
POSH Act stands for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Section 1 (1) of the Act lays out what it is called, the short title. It is interesting to note that while almost every workplace in India identifies the law as POSH, the term has not been mentioned even once in the 2013 Act. The POSH Act full form is the only name legally termed in the Act.
Applicability of the Act
Section 1 (2) of the Act mentions that its applicability extends to the whole of India. The workplaces who need to implement POSH Policy have been explained in the Act. As the title suggests, the POSH Act addresses the menace of sexual harassment faced by women at their workplace. It further clarifies that men facing sexual harassment at workplace are not subject to relief under the POSH Act. Therefore, the provisions of the Act are not gender neutral but bring relief only for women.
Sexual Harassment under POSH Act
Since this blog seeks to explain and simplify all crucial aspects of the POSH Act, it is important to know what constitutes sexual harassment under the same. Given below are the major acts or behaviour which may be counted as sexual harassment of women under POSH Act:
- physical contact and advances; or
- a demand or request for sexual favours; or
- making sexually coloured remarks; or
- showing pornography; or
- any other unwelcome physical, verbal or non-verbal conduct of sexual nature; or
- Sexual harassment with implied or explicit promise of preferential treatment in her employment; or
- Sexual harassment with implied or explicit threat of detrimental treatment in her employment ; or
- Sexual harassment with implied or explicit threat about her present or future employment status; or
- Sexual harassment with interference with her work or creating an intimidating or offensive or hostile work environment for her; or
- Sexual harassment with humiliating treatment likely to affect her health or safety.
Consent in POSH Cases
The term “consent” has nowhere been mentioned expressly. There is nothing like the aggrieved woman should not consent, or that it becomes illegal where consent is withdrawn. Then does it mean that voluntary participation in acts which may constitute sexual harassment can also attract POSH Act punishment? Well….when defining sexual harassment, the legislators added a word “unwelcome”. Unwelcome means not welcome, not wanted or desirable. Thus, acts or behaviour which the woman did not call for constitute sexual harassment under POSH Act.
Workplaces for POSH Compliance
The POSH Act, 2013 does not exclude any place from following the law for sexual harassment of women at workplace. Whether it is an enterprise run by individuals, self employed workers, or a place having less than ten workers employed. They are counted in the unorganised sector. Given below are some examples of workplaces under POSH Act:
- Educational Institute
- Hospital
- Government or Private Organization
- Multinational Companies (MNC)
- Residences for domestic workers
POSH Act Complaints Process
A woman aggrieved of sexual harassment may approach the Internal Complaints Committee to inform about the same. Every organization having 10 or more employees is required under POSH Act 2013 to have an Internal Complaints Committee (ICC). During ICC Inquiry of the matter, the aggrieved woman may be granted paid leave, transferred to any other workplace, or given any other suitable relief. It may be noted that the contents of the POSH complaint needs to be kept confidential and not be made public.
A POSH complaint in case of domestic worker, organization with less than 10 employees or complaint against the employer may be made with the Nodal Officer to reach the Local Committee set up by the Govt. at District level. Such a complaint may be lodged within 3 months of the incident. In case of inability of the aggrieved woman to lodge POSH complaint due to trauma or death, a legal heir or a friend aware of the facts may proceed with the complaint.
POSH Act Punishment
The punishment under POSH Act is subject to proving that the woman was subjected to sexual harassment at workplace. Once proved, the law lays that the respondent may be punished according to service rules for misconduct. It may result in suspension, termination, deduction from salary or wages. Compensation to be paid to the aggrieved woman under POSH Act is paid from the salary or wages so deducted.
The punishment for false complaints of sexual harassment of women at workplace is also laid in the 2013 Act. This also follows service rules, which may result in suspension, termination or salary deduction.
Non-compliance of POSH Policy at a workplace may be punished with a fine of Rs 50,000. In case of a previous conviction of an employer for not following POSH Rules, it may attract twice the punishment, subject to the maximum POSH punishment. In addition, cancellation of licence or withdrawal, or non-renewal, or approval, or cancellation of the registration may be the consequences of ignorance of the POSH Act.
