Home » Career Guidance » PoSH Act 2013: The Safeguard Against Sexual Harassment
Sexual harassment of an individual in the workplace is a grave concern to humanity. It may involve unwanted advances. Some other forms of harassment, both verbal and physical. It fundamentally violates an individual’s dignity, rights, and well-being. Sexual harassment creates an environment of fear and discomfort in the workplace. It hinders professional growth and diminishes productivity.
The PoSH Act 2013 was designed to combat these challenges. It provides a comprehensive framework to prevent and redress instances of sexual harassment. The Ministry of Women and Child Development
passed the Sexual Harassment of Women at Workplace Act 2013 (“PoSH Act”). It included three main elements. These are Prevention, Prohibition, and Redressal. Thus, the PoSH full form is “Prevention of Sexual Harassment”.
This article explores the PoSH Act 2013. Its provisions, employer obligations, benefits of compliance, implementation strategies, and enforcement challenges.
The PoSH Act was enacted to protect women from sexual harassment in the workplace. Employers must offer female employees a secure and safe work environment.
The PoSH (Prevention of Sexual Harassment) Act 2013 has several key provisions. These provisions address workplace sexual harassment:
Complying with the PoSH Act 2013 brings several benefits to companies. It fosters a safer and more inclusive work environment.
Implementing the PoSH Act requires strategic steps to create an effective organizational framework. It is achieved through establishing the ICC and Local Complaints Committees (LCC).
Some of the key strategies employers can adopt to enforce the PoSH Act are as follows:
The Internal Complaints Committee (ICC) is crucial in implementing the PoSH Act 2013. The key responsibilities and functions of the ICC are as follows:
The Local Complaints Committee (LCC) was created according to Section 6 of the PoSH Act. It is for organizations that don’t have an Internal Committee and have fewer than 10 employees. The LCC should have at least 50% women and five members. It includes the Chairperson and representatives.
The key roles of LCC are discussed as follows:
The intentions behind the PoSH Act are positive. Yet, there were many challenges to implementing this.
Workplaces are changing quickly. It’s becoming more important to have a strict rule against sexual harassment at work. The PoSH Act is a significant law in India that aims to promote gender equality. It gives protection and rights to all employees. The Vishaka guidelines explain more about this law. The government has made important improvements to the PoSH Act. According to this law, employers must ensure the workplace is safe. Victims also get the right to be protected.
Every company has a legal duty to support employees who experience sexual harassment. They must educate everyone about it and ensure female employees are safe. Employers should have Internal Complaints Committees (ICCs) to ensure everyone knows the rules. However, there are obstacles to overcome, like not knowing enough about the problem or facing social and cultural barriers to reporting. Workplaces must face these challenges and treat all employees with respect and dignity.
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Some of the key points of the PoSH Act are:
1.The Act defines what actions and behaviour comprise the offence of sexual harassment.
2. The Act provides the constitution of the internal complaints committee.
3. The form and manner in the complaint must be made by the aggrieved woman stated by the Act.
4. Victims of sexual harassment have the right to file complaints and seek redressal.
5. Non-Compliance with the Act results in penalties such as fines and license cancellation.
The PoSH Act has three major elements- prevention, prohibition, and redressal.
1. Prohibition: The Act prohibits sexual harassment in the workplace. It promotes the creation of a safer environment.
2. Prevention: The Act promotes awareness, education, and establishing policies and guidelines. This helps in better implementation of the Act.
3. Redressal: Employers have legal obligations to establish ICC, which helps prevent harassment.
The PoSH Act protects every woman against sexual harassment, regardless of employment status. It means if she faces harassment in any workplace, she can complain. The Act also covers all employees in the private and public sectors. It protects women working in factories, shops, agricultural fields, etc.
If any individual misbehaves or does wrong, as mentioned in clause (i), clause (ii), or clause (iii) of sub-section 1 can go to jail. The jail time can be up to three years, and there may also be a fine. Even if employers don’t set up an ICC or break the law, they can be fined up to Rs. 50,000.
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