The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, is a crucial legislation in India that aims to protect all individuals, regardless of their gender, from sexual harassment in the workplace. It is essential for both employees and employers to be aware of this act and its provisions to create a safe and respectful work environment.



Raising a Complaint under the POSH Act

Any individual who experiences or witnesses sexual harassment in the workplace can file a complaint with the Internal Complaints Committee (ICC) constituted by the employer. The complaint must be filed within three months of the incident or the last incident in case of a series of incidents. The ICC will then initiate an inquiry into the matter and provide a fair opportunity to both the complainant and the accused to present their case.

Formation and Responsibilities of the Internal Complaints Committee (ICC)

  • The employer is responsible for constituting an ICC at each workplace with 10 or more employees. The ICC should consist of at least four members, including a presiding officer (a woman employed at a senior level), two members from among employees committed to the cause of women or who have experience in social work or legal knowledge, and one external member from a non-governmental organization or association committed to the cause of women.

  • The ICC has the power to summon witnesses, gather evidence, and conduct inquiries. It is responsible for maintaining confidentiality throughout the process and ensuring that the complainant and witnesses are not victimized or disadvantaged.

Addressing Complaints and Ensuring Unbiased Investigations

The ICC will conduct an inquiry into the complaint and provide a fair opportunity to both parties to present their case. The inquiry should be completed within 90 days, and a report of the findings should be submitted to the employer. If the allegations are proven, the ICC will recommend appropriate disciplinary action against the accused.

Protection and Support for Victims of Sexual Harassment

The POSH Act provides protection and support to victims of sexual harassment. The employer is required to provide a safe working environment, display the POSH Act's provisions at the workplace, and conduct awareness programs. The ICC can recommend providing counseling services, medical support, or even a transfer or leave for the complainant during the inquiry process.

Actions against the Accused and Legal Consequences

If the allegations against the accused are proven, the ICC can recommend appropriate disciplinary action, such as a written apology, warning, reprimand, withholding of promotion or pay raise, or termination of employment. Failure to comply with the POSH Act's provisions can result in penalties for the employer, including fines and cancellation of business licenses.

In conclusion, the POSH Act is a crucial legislation that aims to create a safe and respectful work environment for all individuals, regardless of their gender. By understanding the act's provisions and following the necessary steps, both employees and employers can contribute to fostering a culture of respect, accountability, and zero tolerance for sexual harassment in the workplace.

Differences between the POSH Act and the Vishaka Guidelines

Scope

  • Vishaka Guidelines: Applicable only to cases of sexual harassment of women in the workplace.

  • POSH Act: Applicable to all individuals, regardless of gender, in the workplace.

Legal Status

  • Vishaka Guidelines: Issued by the Supreme Court as an interim measure until a law was enacted.

  •  POSH Act: A comprehensive law enacted by the Parliament in 2013 to address sexual harassment in the workplace.

Definitions

  • Vishaka Guidelines: Provided a broad definition of sexual harassment.

  • POSH Act: Provides a more detailed and specific definition of sexual harassment.

Complaint Mechanism

  • Vishaka Guidelines: Required employers to set up Complaints Committees to address complaints.

  • POSH Act: Mandates the formation of Internal Complaints Committees (ICC) and Local Complaints Committees (LCC) with specific composition and responsibilities.

Inquiry Procedure

  • Vishaka Guidelines: Did not specify a time-bound procedure for inquiry.

  • POSH Act: Prescribes a 90-day time limit for completing the inquiry process.

Penalties

  • Vishaka Guidelines: Did not specify penalties for non-compliance.

  • POSH Act: Outlines penalties for employers, including fines and license cancellation, for non-compliance.

Main preventive measures outlined in the POSH Act

Preventive Measures under the POSH Act

Employer's Duties

  • Employers are required to take the following preventive steps:

  • Organize regular POSH awareness and sensitization sessions for employees

  • Conduct regular training programs for Internal Complaints Committee (ICC) members to keep them updated on the law and procedures

  •  Organise activities like video making, poster making, or street plays on the theme of sexual harassment

  • Conduct exclusive sessions for team leaders/managers on inclusive leadership and creating a healthy work atmosphere

  • Include POSH sensitization in the induction program for new joiners

  • Organize gender sensitization programs to create ownership in bringing a change

  • Ensure the ICC meets quarterly to discuss issues and stay updated

Forming the Internal Complaints Committee (ICC)

  • Employers must constitute an ICC at each workplace with 10 or more employees

  • The ICC should consist of at least 4 members, including a presiding officer (a senior-level woman employee), two members from among employees committed to the cause of women, and one external member from an NGO or association committed to women's causes

  • The ICC has the power to summon witnesses, gather evidence, and conduct inquiries

  • The ICC is responsible for maintaining confidentiality throughout the process

Fostering a Safe Work Environment

  • Employers must display the POSH Act's provisions at the workplace and conduct awareness programs

  • Employers are required to provide a safe working environment, counseling services, medical support, or even a transfer or leave for the complainant during the inquiry process

Effective ways to train Internal Committee members

Comprehensive Training on POSH Act Provisions

  • Provide in-depth training on the key provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) and the roles and responsibilities of the IC.

  • Cover topics like the definition of sexual harassment, complaint mechanism, inquiry procedure, timelines, and recommendations.

Practical Case Studies and Role-Play

  • Use real-life case studies and hypothetical scenarios to help IC members understand how to handle complaints in practice.

  • Engage them in role-play exercises to build their skills in conducting inquiries, maintaining confidentiality, and writing reports.

Interactive Sessions and Expert Guidance

  • Encourage interactive discussions among IC members to share experiences and best practices.

  • Invite external experts or trainers who specialize in sexual harassment prevention to provide valuable insights and guidance.

Regular Training and Refresher Courses

  • Schedule regular training sessions at least once a year to reinforce knowledge and skills.

  • Provide refresher courses to keep IC members updated on legal developments and evolving best practices.

Comprehensive Training Manual

  • Develop a comprehensive training manual covering all aspects of the IC's roles and responsibilities.

  • Include templates for complaint forms, inquiry reports, and recommendations to ensure consistency.

Ongoing Support and Mentoring

  • Provide ongoing support and mentoring to IC members to address specific concerns and challenges.

  • Encourage them to reach out to the HR department or external experts for guidance when needed.

By implementing these effective training strategies, organizations can empower their Internal Committees to handle sexual harassment complaints efficiently, promote a safe and inclusive workplace, and ensure compliance with the POSH Act.

Examples of disciplinary measures taken under the POSH Act

  • Written Apology: The accused may be asked to tender a written apology to the complainant as a form of remorse and acknowledgment of their wrongdoing.

  • Warning or Reprimand: A formal warning or reprimand can be issued to the accused, which becomes a part of their employment record.

  • Withholding of Promotion or Pay Rise: An accused employee may be denied a promotion or pay rise as a punitive measure and to deter future misconduct.

  • Termination of Employment: In cases of severe or repeated offenses, the employer can terminate the employment of the accused, effectively dismissing them from service.

  • Suspension: The accused may be suspended from work for a certain period, either with or without pay, depending on the gravity of the offense.

  • Transfer or Reassignment: The accused can be transferred to another location or assigned different duties to limit their interaction with the complainant.

  • Counselling or Community Service: As an alternative to harsher punishments, the accused may be required to undergo counselling sessions or perform community service to address their behaviour and promote rehabilitation.

  • Deduction of Compensation: The employer can deduct a portion of the accused's wages to compensate the complainant for the mental trauma, loss of career opportunities, or medical expenses incurred due to the harassment