SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION & REDRESSAL) ACT 2013
Also known as the PoSH Act, it came into force from December 9, 2013. The Act provides for the constitution of an Internal Complaints Committee by every employer. The Committee should comprise of representatives of the employer, the employees and someone from outside the institution. It is also mandated that half the members should be women.
An aggrieved woman can file a complaint with the Committee which is duty bound to complete the inquiry into the complaint within 90 days. The Act also prescribes punishment for non- compliance with its provisions as well as for filing frivolous complaints.
THE GENESIS
- SC 1997 guidelines/Vishakha Guidelines: While hearing pleas filed against the crime, the SC noted the absence of any law that guarantee against “sexual harassment at workplaces”.
- The apex court laid down a set of guidelines to fill the statutory vacuum till a law could be enacted.
- The Court drew its guidelines from:
- Article 15 (protection against discrimination on grounds only of religion, race, caste, sex, and place of birth) of the Indian constitution.
- International Conventions and norms such as the General Recommendations of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India ratified in 1993.
- The PoSH Bill: It was introduced by the Women and Child Development Ministry in 2007. It went through several amendments and came into force on December 9, 2013, after being enacted by the Parliament.
KEY PROVISIONS
- Defines sexual harassment: To include unwelcome acts such as physical, verbal/non-verbal conduct – a demand or request for sexual favours, making sexually coloured remarks, showing pornography, etc.
- Lists down five circumstances that would constitute sexual harassment:
- Implied or explicit promise of preferential treatment in employment
- Implied or explicit threat of detrimental treatment in employment
- Implied or explicit threat about present or future employment status
- Interference with work or creating an intimidating or offensive or hostile work environment and
- Humiliating treatment likely to affect health or safety.
- Defines an employee (not just in accordance with the company law): All women employees, whether employed regularly, temporarily, contractually, on an ad hoc or daily wage basis, as apprentices or interns, can seek redressal to sexual harassment in the workplace.
- Expands the definition of ‘workplace’: Beyond traditional offices to include all kinds of organisations across sectors, even non-traditional workplaces (for example, telecommuting) and places visited by employees for work.
INTERNAL COMPLAINTS COMMITTEE & LOCAL COMMITTEE
- The law requires any employer with more than 10 employees to form an ICC, where a formal sexual harassment complaint can be filed by a woman.
- Composition of ICC: It is required to consist of a minimum of four members (at least half of whom should be women):
- A Presiding Officer who has to be a woman employed at a senior level at the workplace.
- Two Members from amongst employees and who have had experience in social work or have legal knowledge.
- One “External Member” from NGOs to pre-empt any undue pressure from senior levels.
- Besides, the Act mandates every district in the country to create a LC to receive complaints from women working in firms with less than 10 employees and from the informal sector, including domestic workers, etc.
ROLE OF ICC & LC
- These two bodies have to conduct inquiries in line with the POSH Act and comply with the “principles of natural justice” stated in the Rules of the Act.
- A woman can file a written complaint either to the internal or local complaints committee within three to six months of the sexual harassment incident.
- There are two ways to resolve the issue by the committee –
- “Through conciliation” between the complainant and the respondent (which cannot be a financial settlement), or
- Committees could initiate an inquiry, taking appropriate action based on what it finds.
DUTIES OF THE EMPLOYER
- An employer has to file an annual audit report with the district officer about the number of sexual harassment complaints filed and actions taken at the end of the year.
- An employer is duty-bound to organise regular workshops and awareness programmes to educate employees about the Act, and conduct orientation and programmes for ICC members.
- If the employer fails to constitute an ICC or does not abide by any other provision, they must pay a fine of up to ₹50,000, which increases for a repeat offence.
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