Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

The POSH Act was enacted to address the serious issue of sexual harassment of women in workplaces, ensuring a safer environment for all employees. The recent directive from the Odisha government to sensitize teachers, non-teaching staff, and students about this act highlights the importance of creating awareness and fostering a safe and respectful environment.

Background:

The POSH Act was enacted following the Vishaka Guidelines of 1997, established after a landmark judgment by the Supreme Court of India. The guidelines aimed to prevent and address incidents of sexual harassment at the workplace, leading to the eventual formulation of the Act in 2013.

Key Provisions of POSH Act:

1. Definition of Sexual Harassment:

   • The Act provides a clear definition of sexual harassment, which includes any unwelcome act, gesture, or behavior of a sexual nature that creates a hostile or intimidating environment at the workplace.

   • It also covers acts of sexual advances, unwelcome physical contact, requests for sexual favors, or verbal/physical conduct of a sexual nature.

2. Applicability:

   • The POSH Act applies to all workplaces, whether in the government, private sector, or NGOs.

   • It is applicable to both formal and informal sectors, educational institutions, and even homes where work-related services are performed.

3. Internal Complaints Committee (ICC):

   • The Act mandates every workplace with more than 10 employees to constitute an Internal Complaints Committee (ICC).

   • The ICC is responsible for receiving complaints of sexual harassment, conducting inquiries, and ensuring appropriate action is taken.

   • The committee should have a majority of women members, and one member should be from a women's rights NGO.

4. Local Complaints Committee (LCC):

   • For workplaces with fewer than 10 employees or those unable to form an ICC, the district officer will form a Local Complaints Committee (LCC) to address complaints of sexual harassment.

   • The District Magistrate or Collector is the designated officer responsible for constituting the LCC.

5. Complaint Procedure:

   • A written complaint must be filed by the aggrieved woman or an authorized representative.

   • Complaints must be filed within three months from the incident (or from the last incident in case of recurring harassment).

   • The inquiry should be completed within 90 days, and any delay should be properly justified.

6. Confidentiality:

   • The POSH Act ensures the confidentiality of the identities of both the complainant and the accused.

   • All proceedings, including testimonies, must be kept confidential to ensure a fair investigation and to protect the privacy of the involved parties.

7. Protection Against Retaliation:

   • The POSH Act offers protection against any form of retaliation for individuals who file a complaint in good faith.

   • It prohibits adverse actions such as termination, demotion, or any discriminatory treatment against the complainant.

8. Penalties for Violations:

   • Employers found guilty of not implementing the POSH Act may face severe penalties, including fines.

   • The employee found guilty of harassment may also face penalties, including termination or other disciplinary actions.

9. Employer’s Obligation:

   • Employers must implement the recommendations of the ICC or LCC within 60 days of receiving the report.

   • They must also provide appropriate relief to the aggrieved woman, including monetary compensation, counseling, or any other necessary measures to ensure a safe workplace.

Complaint Procedure:

1. Filing the Complaint:

   • The aggrieved woman or her representative can file a written complaint either with the ICC or LCC depending on the workplace size.

2. Timeframe:

   • Complaints must be filed within three months of the incident. If there are multiple incidents, the complaint can be filed within three months of the last incident.

3. Committee Inquiry:

   • The ICC or LCC must conduct a fair and impartial inquiry. Both the complainant and the accused have the right to present their case and evidence.

   • The inquiry should be completed within 90 days, but extensions are possible if warranted.

4. Report and Action:

   • Upon completing the inquiry, the ICC or LCC prepares a report with their findings and recommendations.

   • If the accused is found guilty, appropriate penalties are recommended to the employer. The employer must act on the recommendations within 60 days.

5. Appeal:

   • Either party dissatisfied with the outcome can appeal to the Appellate Authority within 60 days.

Conclusion:

The POSH Act provides a robust framework for addressing sexual harassment in the workplace, protecting women from exploitation and abuse. The focus on awareness, education, and training—like the one being initiated in Odisha—will play a vital role in preventing harassment and promoting a culture of safety and equality.