What is Posh Act 2013 ? Sexual Harassment of Women in the Workplace ?

Introduction

The Protection of Women from Sexual Harassment Act of 2013 was passed following a lengthy and difficult process of consultation and negotiation between women’s rights organisations, employer organisations, and government officials. The act was the result of a compromise between competing interests, and it represents an important step forward in the fight to protect women from violence.

The Protection of Women from Sexual Harassment Act, 2013, is an Indian piece of legislation enacted to protect women from sexual harassment in the workplace and educational institutions. Sexual harassment under posh act is defined in the act as any unwanted physical, verbal, or nonverbal sexual conduct that creates an intimidating, hostile, or offensive environment for the victim.

Read Full Act: Protection of Women from Sexual Harassment Act of 2013

The act requires all employers and educational institutions to form a Complaints Committee to receive and investigate reports of sexual harassment. The Complaints Committee must include a mix of male and female members, as well as at least one member who is knowledgeable about sexual harassment under Posh Act.

What is the Background of Protection of Women from Sexual Harassment, Posh Act, 2013?

The Protection of Women from Sexual Harassment Act, 2013 (Posh Act), was enacted in response to a growing need in India for stronger laws to address sexual harassment under Posh Act. The act was the direct result of public pressure and activism by women’s rights organisations seeking to provide greater protections for women in the workplace and educational institutions.

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The act was inspired by several high-profile cases of sexual harassment under posh act that have come to light in India in recent years, including the Delhi gang rape case in 2012. These cases highlighted the widespread problem of sexual harassment in India, as well as the need for stronger laws and victim support systems.

International developments in the field of sexual harassment law, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India has ratified, also had an impact on the act. The act was created to bring Indian law in line with international best practises and to ensure that women in India have equal access to sexual harassment protection as women in other countries. 

Furthermore, in workplaces with more than ten employees, the act requires the formation of an Internal Complaints Committee (ICC). The ICC is in charge of receiving and investigating sexual harassment under Posh Act complaints, as well as offering victim support and assistance.

Employers and educational institutions that violate the act face a range of penalties, including fines and other forms of punishment. Furthermore, the act gives victims the right to seek restitution and other remedies, such as job transfer or reinstatement.

Sexual Harassment Under Posh Act at Workplace, 2012 by J.S Verma Committee

The J.S. Verma Committee was formed in 2012 by the Government of India to review and make recommendations on Indian laws governing sexual assault and harassment. The committee was formed in response to widespread public outrage following the December 2012 gang rape case in Delhi.

The committee was led by Justice J.S. Verma, a former Chief Justice of India, and included legal experts, activists, and academics. The committee was tasked with reviewing sexual assault and harassment laws in India and making recommendations for changes to ensure that women have effective protections against these crimes.

The committee’s report was submitted in January 2013, and its recommendations served as the foundation for several significant changes to Indian law. For example, the committee proposed broadening the definition of sexual harassment under Posh Act to include cyberstalking and voyeurism, as well as tougher penalties for perpetrators of sexual assault and harassment.

The report of the J.S. Verma Committee was widely regarded as a watershed moment in India’s efforts to combat sexual violence against women. Its recommendations aided in raising public awareness of the issue of sexual harassment and assault, as well as galvanising public support for stronger laws to protect women. The work of the committee also paved the way for the passage of the 2013 Protection of Women from sexual harassment under Posh Act.

What are Vishaka Guidelines? How it is Connected with POSH ACT?

The Vishaka Guidelines are a set of guidelines issued by India’s Supreme Court in 1997 to address the issue of sexual harassment at work. The guidelines are named after the lead petitioner, the non-governmental organisation Vishaka, and were issued in the case of Vishaka and Others v. State of Rajasthan and Others.

The Vishaka Guidelines were India’s first attempt to create a legal framework for dealing with sexual harassment in the workplace. They outlined employers’ duties and responsibilities, as well as a procedure for receiving, investigating, and resolving sexual harassment complaints.

The “Vishaka Guidelines” established employers’ responsibility to provide a safe working environment and to prevent sexual harassment under Posh Act. They also called for the formation of complaint committees to handle sexual harassment complaints, as well as prompt and impartial investigations into such complaints.

sexual harassment under Posh Act was defined in the guidelines as any unwanted sexual advances, requests for sexual favours, or other verbal or physical sexual conduct that creates an intimidating, hostile, or offensive working environment. They stated that all employers, regardless of gender, are responsible for preventing sexual harassment and providing a safe and secure work environment for all employees.

The Vishaka Guidelines were widely regarded as a watershed moment in India’s fight to eliminate sexual harassment in the workplace. They gave women important protections and helped to raise awareness about sexual harassment. The guidelines were later incorporated into the 2013 Protection of Women from Sexual Harassment Act, which provides a more comprehensive legal framework for dealing with sexual harassment in India.

What are the Provisions of the PoSH Act?

The 2013 Protection of Women from Sexual Harassment Act includes the following provisions:

Definition of Sexual Harassment

This includes physical contact, advances, and the demand or request for sexual favours, as well as making sexually charged remarks, displaying pornography, and any other unwanted physical, verbal, or nonverbal sexual conduct.

Employer’s Obligation

Employers are obligated to provide a safe working environment and take steps to prevent sexual harassment.

Internal Complaints Committee (ICC)

Every workplace with 10 or more employees is required to constitute an ICC to address complaints of sexual harassment.

Timeframe for Complaint

Complaints must be made within 3 months of the incident of harassment.

Confidentiality

The ICC must maintain confidentiality of the complaint and the identity of the complainant, except in exceptional circumstances.

Inquiry Process

The ICC must conduct an inquiry into the complaint and provide a report to the employer within 90 days of the complaint.

Penalties

Employers who do not constitute an ICC or do not comply with the provisions of the act can face penalties.

Appeal

The act provides for an appeal process in case the complainant is dissatisfied with the ICC’s findings.

These provisions aim to provide a framework for preventing and addressing sexual harassment at the workplace and to ensure that women have a safe and secure working environment.

Landmark Judgements on Protection of Women From Sexual Harassment Act, 2013

The Protection of Women from Sexual Harassment Act, 2013 has been the subject of several landmark judgements since its enactment. Some of the most notable judgements include:

Vishaka vs State of Rajasthan

This was the first case in India to deal with sexual harassment under Posh Act in the workplace. The Supreme Court of India laid down guidelines for employers to follow in order to prevent and address sexual harassment in the workplace. These guidelines formed the basis of the Protection of Women from Sexual Harassment Act, 2013.

“The GUIDELINES and NORMS prescribed herein are as under:-

HAVING REGARD to the definition of ‘human rights’ in Section 2(d) of the Protection of Human Rights Act, 1993, TAKING NOTE of the fact that the present civil and penal laws in India do not adequately provide for specific protection of women from sexual harassment in work places and that enactment of such legislation will take considerable time, It is necessary and expedient for employers in work places as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women:

1. Duty of the Employer or other responsible persons in work places and other institutions:

It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.

2. Definition:

For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as:

a) Physical contact and advances;

b) a demand or request for sexual favors;

c) Sexually colored remarks;

d) Showing pornography;

e) Any other unwelcome physical verbal or non-verbal conduct of sexual nature.

Where any of these acts is committed in circumstances where under the victim of such conduct has a reasonable apprehension that in relation to the victim’s employment or work whether she is drawing salary, or honorarium or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto.

3. Preventive Steps:

All employers or persons in charge of work place whether in the public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation they should take the following steps:

(a) Express prohibition of sexual harassment as defined above at the work place should be notified, published and circulated in appropriate ways.

(b) The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.

(c) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.

(d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

4. Criminal Proceedings:

Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.

In particular, it should ensure that victims, or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.

5. Disciplinary Action:

Where such conduct amounts to mis-conduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules.

6. Complaint Mechanism:

Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer’s organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints.

7. Complaints Committee:

The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confidentiality.

The Complaints Committee should be headed by a woman and not less than half of its member should be women.

Further, to prevent the possibility of any under pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment.

The Complaints Committee must make an annual report to the government department concerned of the complaints and action taken by them. The employers and person in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department.

8. Workers’ Initiative:

Employees should be allowed to raise issues of sexual harassment at workers meeting and in other appropriate forum and it should be affirmatively discussed in Employer-Employee Meetings.

9. Awareness:

Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in suitable manner.

10. Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.”

Read Judgement: Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997

Apparel Export Promotion Council vs. A.K. Chopra

This case dealt with the issue of whether an internal complaints committee (ICC) could be constituted under the Vishaka guidelines even in the absence of any complaint. The Supreme Court held that the ICC could be constituted even in the absence of a complaint, as a proactive measure to prevent sexual harassment under Posh Act.

Read Judgement: Apparel Export Promotion Council vs A.K. Chopra on 20 January, 1999

Medha Kotwal Lele vs. Union of India

This case dealt with the issue of whether a woman who was facing sexual harassment in her workplace could approach a court for relief. The Supreme Court held that a woman who is facing sexual harassment under Posh Act at work can approach a court for relief, even if she has not exhausted the remedies provided under the Protection of Women from Sexual Harassment Act, 2013.

Read Judgement:Medha Kotwal Lele & Ors vs U.O.I. & Ors on 19 October, 2012

Avinash Mehrotra vs. State of Uttar Pradesh

This case dealt with the issue of whether a woman who had faced sexual harassment in a public place could approach a court for relief. The Supreme Court held that a woman who has faced sexual harassment in a public place can approach a court for relief, and that the provisions of the Protection of Women from Sexual Harassment Act, 2013 would apply in such a case.

Read Judgement: Medha Kotwal Lele & Ors vs U.O.I. & Ors on 19 October, 2012

These landmark judgements have helped to strengthen the protections available to women in India and have helped to raise awareness of the issue of sexual harassment in the workplace and in public places. These judgements have also helped to clarify the scope of the Protection of Women from Sexual Harassment Act, 2013 and to ensure that women have access to effective remedies in cases of sexual harassment under Posh Act.

Conclusion

In conclusion, the context of the Protection of Women from Sexual Harassment Act, 2013, reflects the growing recognition of the need for stronger laws to address sexual harassment under Posh Act in India, as well as the efforts of women’s rights activists to ensure that Indian women have access to the same protections as women in other countries. The act is a significant step forward in the fight to end sexual harassment and provide safe and supportive environments for women in the workplace and in educational institutions.

The Protection of Women from Sexual Harassment Act of 2013 is an important step forward in addressing the issue of sexual harassment in India. While much work remains to be done to fully protect women from sexual harassment and to provide them with adequate support and resources, the act lays the groundwork for future progress in this area.

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