In this article we will discuss the various salient features of the POSH Act and how it can help prevent sexual harassment at work.
Instances of sexual harassment at the workplace is something that has been plaguing the female work force everywhere. But with some vigilant activism and through the revelation of certain shocking incidents, the subject has become one of active discussion in the circles of jurisprudence. Stricter laws with heavy punishments have been brought as a measure to not only protect working women but to also encourage them to go out and seek work without fear of being traumatised at the workplace sexually. One such measure that has been brought into effect is the Prevention Of Sexual Harassment At Workplace (POSH) Act, 2013.
The victims of sexual harassment face adverse health and psychological issues like depression, anxiety, stress, shame, guilt etc. To prevent this kind of perverision from hindering the woking population, the same Ministry of women and Child Development has introduced the POSH act to prevent sexual harassment at the workplace. Under this act, there are some legal remedies for harassment available which can be availed by the victim.
In this article we will take a closer look at the various provisions of the act that have been put in place to prevent sexual harassment and provide remedies to those who are targetted in this heinous manner..
Internal Committee for POSH Act
All the workplaces consisting of 10 employees or more than that are required to form an Internal Committee, as per the POSH Compliance in India, which states that an IC should be formed at all administrative units or offices.
If the workplace consists of less than 10 employees, then there is no need to form an IC. All the complaints in this situation will go to the local complaints committee which is set up according to the act by district officers of each district. In situations where the complaint has to be filed against the employer himself, then one should approach the local complaints committee.
Filing And Hearing Of The Complaints on POSH Act
Any distressed employee can file complaints of sexual harassment to the Internal Committee within 3 months of the occurrence. The time period within which one can file the complaint can also be stretched to another period of three months. Also, where the distressed person is not able to make a complaint due to her physical inability, the legal heir, friend, relative, co-worker, an officer of the State Women’s Commission or National Commission for Women may make a complaint to the IC on his or her behalf, with the victim’s permission. Also, if it is found that a person is suffering from mental incapacity as a result of sexual harassment, a qualified psychologist or psychiatrist or the guardian or authority under whose care she is getting treatment or care, can file a complaint before the IC.
Before initiating the inquiry the IC may try to reconcile between both the parties if the distressed party requests the same. But no kind of monetary settlement can be availed on the basis of reconciliation. If reconciliation is impossible, then the IC will inquire into the complaint and give both parties a chance to be heard and will complete the inquiry within 90 days. During the inquiry process of being heard, no party is allowed to bring a lawyer to represent them.
After the inquiry, IC needs to make an inquiry report in 10 days by giving recommendations on the matter. It should also give a copy of the report to the organisation or company and the parties concerned. The organisation or company needs to act according to the recommendations of the IC within 60 days. According to the act, if the victim isn’t satisfied with the findings of IC, she can appeal to tribunal or court. IC is assigned with the responsibility of submitting an annual report on the number of cases that have taken place and got solved during the year to the company. The company is further mandated to include this given information in its annual report. In the cases of companies which do not prepare their annual report, the companies are required to furnish the number of such cases along with the details to the District Officer.
Relief To The Victim
The Internal Committee, according to section 12 of the act can recommend to the employer to provide some kind of relief to the victim such as facilitating the transfer of the distressed party or the respondent to any other workplace or grant leave to the distressed woman up to a period of three months, during the pendency of inquiry, but only in the cases where a victim makes a written request.
For further relief to the victims that can be provided during the pendency of inquiry, such as warning the respondent from reporting on the work performance of the distressed woman or writing her confidential report etc.
Compensation on POSH Act
According to section 15 of the act, IC may keep the below things in mind and determine the compensation-
- Mental trauma, suffering, pain and emotional distress caused to the victim.
- The loss in career prospects
- Medical expenses sustained by the victim for physical or psychiatric treatment.
- Income and financial status of the respondent.
- The possibility of such payment in lump sum or in instalments.
Conclusion
With increasing awareness and education amongst the common populace, several redundant social notions are being debunked, especially in the patriarchal structure our society has been following for several generations. Men and women are equally becoming important parts of the workforce in their own ways. There exists a certain power structure and dynamic between an employer and employee where the members of a higher rung do wield a certain authority over the members of the lower rung. And if these powers are not well defined and checks in balance of power not put in place then there might be misuse of power, including sexual harassment and seeking sexual gratification in exchange for favourable treatment at work. So it is extremely important to ensure that the company’s policies ensure the safety of its employees especially the ones at the lowest rung who are easily vulnerable to such exploitation due to lack of much authority in the corporate structure. It is advisable to consult a lawyer or legal expert who understands these laws and has had hands-on experience in such matters. If you require any legal assistance with regard to this or any other legal matter, get in touch with our team and we will ensure that you are assisted with your needs.
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