The Prevention of Sexual Harassment (PoSH) Act, 2013, plays a crucial role in creating a safe and respectful working environment in India. Applicable to both public and private sectors, the Act mandates that organisations take proactive measures to prevent and address incidents of sexual harassment in the workplace. But what exactly does the PoSH Act entail, and why is it so important?
What is the PoSH Act?
The PoSH Act stands for the Prevention of Sexual Harassment of Women at Workplace Act, 2013. It was enacted to provide protection against sexual harassment of women in the workplace and to ensure that every woman is able to work in an environment that is free from harassment.
The Primary Objective
The primary objective of the PoSH Act is not merely to punish offenders but to create a safe working environment where employees can perform their duties without fear of harassment. This involves setting up preventive measures, addressing complaints promptly, and ensuring that justice is served.
Who Can File a Complaint?
Under the PoSH Act, any aggrieved woman can file a complaint of sexual harassment. This includes employees, whether on a regular, temporary, ad-hoc, or daily wage basis, as well as interns and those working under contract. The Act is designed to protect women across all sectors, ensuring that every workplace is safe and respectful.
The Role of the Internal Committee (IC)
One of the key mandates of the PoSH Act is the establishment of an Internal Committee (IC) in organisations with more than 10 employees. The IC is responsible for addressing grievances related to sexual harassment. It should be chaired by a senior woman employee and include at least one external member who is familiar with issues relating to sexual harassment.
Responsibilities of the Employer
Employers have a significant role to play under the PoSH Act. They are responsible for organizing workshops and awareness programs, displaying the PoSH policy at the workplace, and ensuring the proper functioning of the Internal Committee. Failure to comply with these obligations can result in penalties, with a maximum fine of up to Rs. 50,000.
The Process of Filing a Complaint
An aggrieved woman has up to 90 days from the date of the incident to file a complaint with the IC. The IC then has 90 days to complete the inquiry and submit its report to the employer. Based on the findings, the employer is required to take appropriate action, which could range from issuing a warning to termination of employment, depending on the severity of the misconduct.
Conclusion
The PoSH Act is a critical piece of legislation aimed at creating a work culture that is free from harassment. By understanding and implementing the provisions of the Act, organizations can ensure that they provide a safe and conducive environment for all their employees.
