POSH ACT, 2013 (Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act)
Background of the issue and POSH act :
- The sexual harassment of women in the workplace is a form of gender-based violence. Apart from violating their self-esteem, dignity, and self-respect, it also violates their constitutional and human rights.
- To stop this evil, the Supreme Court in a landmark judgement called Vishakha and others vs State of Rajasthan 1997 case gave guidelines which came to be known as the FAMOUS VISHAKHA GUIDELINES.
- Based on this guidelines, parliament enacted the POSH ACT which is Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,2013.
- As a result of this act, women are now protected legally from sexual harassment at workplace.
- The act also provides for prevention and also redressal of complaints related to sexual harassment.
About the POSH act:
What is meant by sexual harassment under the act?
- Sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as
- physical contact and advances;
- a demand or request for sexual favours;
- sexually-coloured remarks;
- showing pornography;
- any other unwelcome physical, verbal or non-verbal conduct of sexual.
Who is an employee under the act ?
- The POSH Act, under Section 2(f), defines employees broadly to include regular, temporary, and ad hoc employees.
What is meant by workplace under the POSH ACT?
- Although the Vishaka Guidelines only applied to traditional office settings, the POSH Act introduces the concept of an extended workplace.
- It recognizes that harassment may not necessarily occur in the workplace itself.
- In accordance with Section 2(o) of the Act, a ‘workplace’ refers to any place visited by an employee as part of his or her employment, including any transportation provided by the employer for traveling to and from work.
Important provisions under the POSH Act:
Internal Complaints Committee:
- In accordance with Section 4 of the POSH Act, every office or branch of an organization employing ten or more employees must have an internal committee dedicated to hearing and resolving sexual harassment complaints.
- The Complaints Committees have the powers of civil courts for gathering evidence.
Local committee:
- When the organization is having less than 10 people or when the complaint is against the employer then there should be a local committee at the district level.
False complaints:
- It is envisioned in the POSH Act, under Section 14, that actions will be taken against complainants who “falsely or maliciously” use the protections.
Syllabus : Prelims + Mains; GS2- Governance; various laws and acts for betterment of vulnerable sections of the society
