The POSH Act, an acronym for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is a landmark legislation in India. Enacted in 2013, this Act strives to create safe and secure work environments for women by prohibiting and preventing sexual harassment.
What does POSH stand for / Meaning of POSH?
As mentioned earlier, POSH stands for Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal).
Key Provisions of the POSH Act
The POSH Act outlines several crucial aspects to ensure women's safety at work. Here's a breakdown of its core provisions:
Prevention and Prohibition: The Act places a legal obligation on employers to actively prevent and prohibit sexual harassment in the workplace. This includes creating a work environment free from unwelcome sexual advances, requests for sexual favors, and any other offensive behavior of a sexual nature.
Internal Complaints Committee (ICC): The Act mandates the establishment of an Internal Complaints Committee (ICC) within the organization. This committee is responsible for investigating complaints of sexual harassment and recommending appropriate action.
Complaint Mechanism: The POSH Act establishes a clear procedure for filing complaints of sexual harassment. The Act ensures confidentiality throughout the process and protects complainants from any form of retaliation.
Penalties: The Act prescribes penalties for employers who fail to comply with its provisions or for individuals found guilty of sexual harassment. These penalties can range from a warning to termination of employment and even imprisonment.
Who is Covered Under the POSH Act?
The POSH Act protects all women, irrespective of their employment status, in a workplace or place visited in relation to work. This includes employees, trainees, probationers, apprentices, and consultants.
What is Considered Sexual Harassment?
The Act defines sexual harassment as any unwelcome behavior of a sexual nature that:
Physically, verbally or mentally affects the woman's work environment.
Creates a hostile work environment.
Is humiliating or intimidating.
Interferes with her work performance or creates a condition where the woman is forced to resign.
Importance of the POSH Act
The POSH Act plays a vital role in promoting gender equality and creating a safe and respectful work environment for women. It empowers women to come forward and report incidents of sexual harassment without fear of retribution.
By understanding the POSH Act and its provisions, both employers and employees can work together to create a workplace where everyone feels valued and respected.
