The Protection of Women against Sexual Harassment at Workplace Act, 2013 (POSH Act, 2013) was an important milestone in India, which aimed to address workplace sexual harassment of women.
In India, the legislation regarding this is the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). As a result of the Act, women are protected at work from sexual harassment.
The Protection of Women from Sexual Harassment at Workplace Act, 2013 (POSH Act 2013) is a landmark legislation in India that seeks to protect women from sexual harassment. This law has enabled Indian women to stand up for their rights and assert their autonomy in the workplace.
Through this Act, the government has sought to provide women with a safe and secure working environment and has put in place mechanisms to prevent and redress complaints of sexual harassment. In this blog, we will explore the critical provisions of the POSH Act 2013, its impact on women, the challenges in implementing it, and strategies for enforcing the POSH Act.
Overview of the POSH Act, 2013
The Protection of Women from Sexual Harassment Act, 2013, was passed by the Indian government to protect against sexual harassment and abuse of women in the workplace. This Act was created to ensure that workplaces remain free from sexual harassment and to provide a safe and secure environment for women.
The Government of India implemented the POSH Act in 2013 to tackle the problem of sexual harassment experienced by women in the workplace. This legislation strives to establish a secure and favorable work setting for women while offering safeguards against sexual harassment.
It also seeks to create awareness about the issue of sexual harassment and to provide the necessary legal remedies for victims. The POSH Act 2013 also provides for establishing Internal Complaints Committees (ICCs) in organizations to address complaints of sexual harassment and to create a safe working environment for women employees.
The POSH Act is an important step forward in ensuring that women in India can enjoy a safe and respectful working environment.
Key Provisions of the POSH Act 2013
The POSH Act was enacted to protect against sexual harassment of women in workplaces. This Act makes it mandatory for employers to provide a safe and secure work environment to female employees. It also requires employers to set up Internal Complaints Committee (ICC) in their organisation to address complaints of sexual harassment.
Key provisions of the POSH Act 2013 include:
- Every employer is required to display a notice in the organisation providing details of the protection given to female employees against sexual harassment.
- Employers must constitute an Internal Complaints Committee in their organisation to address complaints of sexual harassment.
- A woman must head the ICC; at least half of its members should be women.
- Employers must take steps to prevent sexual harassment and ensure that the victims are not victimized or discriminated against.
- Employers must provide necessary support and assistance to the complainant and make arrangements for her work in case she has to be transferred.
The POSH compliance program plays a vital role in creating a safe and harassment-free work environment for women. It protects women against sexual harassment in the workplace and ensures that their rights are safeguarded.
Recommendations of the Justice Verma Committee on Sexual Harassment at Workplace
The Justice Verma Committee has put forth significant recommendations concerning sexual offenses, rape, and the overall safety of women in India. Let’s explore the key recommendations made by the committee across various aspects:
Rape:
The committee emphasised the retention of the gradation of sexual offenses in the Indian Penal Code (IPC). It recognised rape and sexual assault not merely as crimes of passion but as expressions of power. The committee recommended that the definition of rape should encompass any non-consensual penetration of a sexual nature, going beyond the limitations of penetration of specific body parts. Notably, the committee advocated for the removal of the exception to marital rape, stating that marriage should not be considered irrevocable consent to sexual acts.
Sexual Assault:
Addressing the inadequacies in the existing law, the committee suggested that non-penetrative forms of sexual contact should be regarded as sexual assault. It proposed a comprehensive definition of sexual assault to include all forms of non-consensual, non-penetrative sexual touching. The motive for the act should not necessarily be sexual gratification, and the committee recommended a punishment of 5 years of imprisonment, a fine, or both for this offense. Additionally, the use of criminal force to disrobe a woman should incur a punishment of 3 to 7 years of imprisonment.
Verbal Sexual Assault:
The committee recommended the repeal of Section 509 of the IPC, which deals with the use of words or gestures to insult a woman’s modesty. Instead, it proposed that words, acts, or gestures creating an unwelcome threat of a sexual nature should be categorised as sexual assault, punishable by 1 year of imprisonment, a fine, or both.
Sexual Harassment at Workplace
For the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Bill, 2012, the committee suggested key changes. This included the inclusion of domestic workers within the bill’s purview, removal of the conciliation requirement, compensation from the employer to the victim, and the establishment of an Employment Tribunal instead of an internal complaints committee.
Acid Attack
The committee recommended that acid attack offenses should not be categorised under grievous hurt but be addressed separately. It supported the Criminal Laws Amendment Bill, 2012, which proposes imprisonment for 10 years or life for acid attack offenses. Additionally, the committee recommended the creation of a government corpus to compensate victims of crimes against women.
Offenses in Conflict Areas
Addressing concerns in conflict areas, the committee suggested revisiting the Armed Forces (Special Powers) Act (AFSPA). It recommended excluding the requirement of central government sanction for prosecuting armed forces personnel when sexual offenses are alleged. The committee also advocated for witness protection for complainants of sexual violence and the appointment of special commissioners in conflict areas to monitor and prosecute sexual offenses.
Trafficking
The committee highlighted deficiencies in the Immoral Trafficking Prevention Act, of 1956, and recommended comprehensive amendments to criminalise trafficking more effectively. This included criminalising trafficking by threat, force, or inducement, along with the criminalisation of employing a trafficked person. The committee proposed placing juvenile and women protective homes under the legal guardianship of High Courts.
Child Sexual Abuse:
To address child sexual abuse, the committee recommended defining terms like ‘harm’ and ‘health’ under the Juvenile Justice Act, 2000, to include mental and physical harm and health.
Punishment for Crimes Against Women:
The committee rejected chemical castration and death penalty as deterrents for rape. Instead, it recommended life imprisonment for the offense.
Medical Examination of Rape Victims:
The committee advised discontinuing the two-finger test and relying on the victim’s previous sexual experience to determine consent.
Police Reforms:
Reforming the police system, the committee recommended establishing State Security Commissions, a Police Establishment Board, and ensuring minimum tenures for high-ranking police officials.
Reforms in the Management of Cases:
The committee proposed the creation of a Rape Crisis Cell, widespread use of CCTVs in police stations, online filing of FIRs, and enhanced police training for handling sexual offenses.
Electoral Reforms:
The committee recommended amending the Representation of People Act, of 1951, to disqualify candidates for sexual offenses.
Education Reforms:
In the realm of education, the committee suggested gender-neutral experiences for children, sexuality education, and adult literacy programs for gender empowerment.
Impact of the POSH Act 2013
The POSH Act is an important piece of legislation that has positively impacted India’s workplace. The POSH Act is the Prevention of Sexual Harassment at the Workplace Act. It was enacted to provide a safe and secure working environment for all employees regardless of gender.
The Act provides a legal framework to protect employees from any sexual harassment in the workplace. It also outlines the procedures to be followed when filing a complaint and the responsibilities of the employers. The POSH Act has been a major step forward in creating a more equitable and just workplace environment, free from discrimination or harassment.
What Constitutes Non-Compliance to the POSH Act?
- Develop a POSH (Prevention of Sexual Harassment) Policy for the organisation
- Establish an Internal Committee
- Promote awareness about POSH among employees
- Implement actions against the respondent in a sexual harassment case based on the Internal Committee’s recommendations
- Take appropriate measures against individuals who file false complaints of sexual harassment or submit misleading or forged documents
- Submit an annual report to the District Officer.
Penalty for Non-Compliance of POSH Act 2013
If an employer violates or attempts to violate any provision under the POSH Act and Rules, they may be fined up to ₹50,000.
For repeated non-compliance with the POSH Act, the penalties include:
- Twice the initial punishment and/or
- Cancellation or non-renewal of the business license
Penalties can be severe if the case goes to court. Here are a couple of examples:
- In 2019, the Madhya Pradesh High Court fined a hospital ₹50,000 for not having an Internal Complaints Committee and ordered the hospital to pay ₹25 lakhs to the complainant for failing to address her complaint. (Reference: Global Health Pvt. Ltd. vs District Panchayat on 16 September 2019)
- The Madras High Court directed a company in Chennai to pay ₹1.68 crore as damages to an aggrieved woman.
When drafting the policy, Employers should make sure that:
- The policy is written in simple language for easy understanding by all employees
- There is no ambiguity, and important terms are clearly explained
- The policy is approved by a POSH expert or legal professional
- Employees can easily access the POSH policy.
Challenges in Implementing the POSH Act 2013
The POSH Act 2013 was introduced in India to protect women in the workplace from sexual harassment. Despite its noble aims, there have been some challenges in implementing the Act:
- Awareness about the Act is still low in certain areas, making it difficult for victims to report cases.
- Many organisations need proper grievance redressal mechanisms or have yet to make any effort to make employees aware of their rights under the Act.
- Workplace culture can be a major factor in the prevalence of sexual harassment, which employers and organisations need to tackle head-on.
- With the right education and awareness, the POSH Act 2013 can be effective in protecting women from sexual harassment and promoting a safe workplace.
Strategies for Enforcing the POSH Act 2013
The POSH Act was passed in India to ensure that workplaces remain safe and free from sexual harassment. Employers and managers must take proactive steps to ensure their workplaces are POSH-compliant.
Here are some strategies that employers can use to enforce the POSH Act of 2013:
- Develop a comprehensive and clear policy on sexual harassment and post it prominently in the workplace.
- Ensure that all employees know the policy and its implications. Educate all staff on the various aspects of sexual harassment and the necessary steps to be taken if a complaint is made.
- Establish a formal complaint procedure and ensure all complaints are addressed promptly and fairly. Please ensure all employees know their rights and the procedure for making a complaint.
- Take all complaints seriously and investigate them thoroughly. Make sure all employees are aware that harassment will not be tolerated.
- Take disciplinary action against those found guilty of sexual harassment.
- Provide counseling services to both the complainant and the accused.
Enforcing the POSH Act 2013 is essential to ensure that all workplaces are safe and free from sexual harassment. By following the above-mentioned strategies, employers can ensure that their companies remain POSH compliant.
Understanding the Amendments to POSH Law Proposed in 2024
In early February 2024, a Private Member Bill was introduced in Parliament to amend the Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act, 2013, commonly referred to as the PoSH Act 2013. The bill aims to update current legislation to better address sexual harassment issues in response to evolving societal needs. This article examines the main provisions outlined in the 2024 Amendment Bill.
Parliament categorises bills into two types: Private Member Bills initiated by individual MPs and Public or Government Bills introduced by Ministers. Only 14 Private Bills have been successfully enacted into law after approval from both houses of Parliament.
On 2 February 2024, Dr. Sasmit Patra, a Member of Parliament, introduced the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Amendment Bill 2024, proposing amendments to the PoSH Act 2013.
It’s important to note that as of now, the 2024 Amendment Bill has not undergone parliamentary discussions, obtained approval from both houses or received presidential assent to become law. Therefore, it remains pending. The proposed amendments aim to modify two sections of the PoSH Act 2013:
Extension of Time Limit: Currently, Section 9 of the PoSH Act allows for a three-month window to file a sexual harassment complaint from the date of the incident (or the last incident in a series). The Amendment Bill of 2024 seeks to extend this period to one year from the incident date.
Elimination of Conciliation Process: Section 10 of the PoSH Act permits the Internal Committee to initiate conciliation procedures at the request of the aggrieved woman before beginning the inquiry. The 2024 Amendment Bill proposes the removal of this section, thereby abolishing the conciliation process altogether.
While the potential impacts and rationale behind these amendments require careful analysis, they could offer benefits such as providing more time for victims to file complaints and ensuring a more thorough inquiry process. However, concerns include potential evidence preservation issues with extended filing periods and delays in resolution without the conciliation process.
Conclusion:-
In conclusion, the POSH Act 2013 is a major step forward in ensuring a safe and harassment-free work environment for all employees in India. It provides a framework to ensure that all employers follow a zero-tolerance policy towards sexual harassment in the workplace.
The POSH Act 2013 has significantly impacted workplaces in India, providing victims of sexual harassment with the legal protection they need. However, despite the legal protection provided by the POSH Act, enforcing the Act still needs to be improved.
Employers and employees need to work together to create a safe and harassment-free working environment, which is why it is important to create strategies to ensure that the objectives of the POSH Act 2013 are met. Vakilsearch offers tailored and trusted legal solutions to companies of all sizes, whether large corporations, small businesses, or sole proprietorships.
FAQs
What is the PoSH Act and rules?
The PoSH Act refers to the Prevention of Sexual Harassment of Women at Workplace Act, legislation enacted to prevent and address instances of sexual harassment against women in the workplace. The rules associated with the Act provide detailed guidelines and procedures for its effective implementation.
What is the PoSH rules?
The POSH rules associated with the Act provide detailed guidelines and procedures for its effective implementation.
What are the three major elements of the PoSH Act?
The three major elements of the PoSH Act are as follows:
✵ Prevention of sexual harassment in the workplace.
✵ Setting up an Internal Complaints Committee (ICC) to address complaints.
✵ Providing a framework for redressal and action against sexual harassment cases.
What is the PoSH Act 2012?
The PoSH Act 2012, also known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, is an Indian legislation that came into effect on December 9, 2013. Its primary purpose is to prevent and address sexual harassment incidents at workplaces and to ensure the safety and dignity of women employees.
What is Rule 4 of the PoSH Act?
Rule 4 of the PoSH Act pertains to the constitution of the Internal Complaints Committee (ICC) at workplaces. It outlines the composition and responsibilities of the ICC, which is responsible for dealing with complaints of sexual harassment.
What is Rule 9 of PoSH?
Rule 9 of the PoSH Act specifies the duties and functions of the Local Complaints Committee (LCC). The LCC is established at the district level to address complaints in workplaces where an ICC cannot be constituted.
What is Rule 14 of PoSH?
Rule 14 of the PoSH Act deals with the submission of an annual report by the ICC to the employer and the District Officer. This report includes details of the complaints received, actions taken, and measures implemented to prevent sexual harassment.
What is Rule 11 of the PoSH Act?
Rule 11 of the PoSH Act lays down the procedure for conducting an inquiry into complaints of sexual harassment. It outlines the steps to be followed by the ICC during the inquiry process.
What is Section 13 of the PoSH Act?
Section 13 of the PoSH Act states that if an employer fails to constitute an ICC, the District Officer shall constitute a Local Complaints Committee to inquire into complaints of sexual harassment at the workplace.
What is Rule 3 of the PoSH Act?
Rule 3 of the PoSH Act specifies the duties and responsibilities of the employer in preventing sexual harassment at the workplace. It includes the formulation of a policy, setting up an ICC, and conducting awareness programs.
What is Section 22 of the PoSH Act?
Section 22 of the PoSH Act empowers the appropriate government to make rules to carry out the provisions of the Act effectively.
What is Section 20 of the PoSH Act?
Section 20 of the PoSH Act deals with penalties for providing false or malicious information, or willfully obstructing the complaint process.
What is Rule 10 of PoSH?
Rule 10 of the PoSH Act outlines the duties and responsibilities of the Presiding Officer of the ICC, who is responsible for ensuring a fair and unbiased inquiry.
What is Section 10 of the PoSH Act?
Section 10 of the PoSH Act provides a detailed definition of sexual harassment, including various forms of unwelcome behavior at the workplace.
What is Rule 6 of the PoSH Act?
Rule 6 of the PoSH Act deals with the eligibility criteria and tenure of the members of the ICC.
What is Section 31 of the PoSH Act?
Section 31 of the PoSH Act confers the power to the Central Government to make rules for carrying out the provisions of the Act in establishments under its control.
What is Section 27 of the PoSH Act?
Section 27 of the PoSH Act provides protection to the victim and witnesses from victimisation or retaliation during and after the complaint process.
What measures are in place to ensure the confidentiality of complaints and protect the identity of the complainant during an inquiry?
To ensure the confidentiality of complaints and protect the identity of the complainant during an inquiry, organisations should take every measure possible to protect information, along with ensuring protection for witnesses and complainants against retaliation. Measures such as restricting the flow of information on a need-to-know basis, including the clause of confidentiality in the Sexual Harassment policy, and clear guidelines on how an employee should handle information about incidents from co-workers can be taken. However, it is important to understand that there is only a certain degree to which confidentiality can be maintained.
What actions can an employer take after receiving a complaint of sexual harassment, and what are the penalties for non-compliance with the Act?
After receiving a complaint of sexual harassment, an employer can take various actions such as conducting an investigation, providing support to the complainant, and taking appropriate disciplinary action against the accused. Non-compliance with the Act can result in penalties such as fines, imprisonment, and cancellation of licenses or registration.
Is there a time limit for filing a complaint under the Act, and what happens if the complaint is not addressed within the stipulated time frame?
A complaint under the Act can be filed within three months from the date of the incident”. However, it is recommended to file the complaint as soon as possible after the incident. If the complaint is not addressed within the stipulated time frame, the complainant can approach the Internal Complaints Committee or the Local Complaints Committee for redressal.
How does the Act address false or malicious complaints of sexual harassment?
The Act does not tolerate false or malicious complaints of sexual harassment. If a complaint is found to be false or malicious, appropriate disciplinary action can be taken against the complainant.
What support mechanisms and redressal forums are available to victims of sexual harassment as per the provisions of the Act?
The Act provides various support mechanisms and redressal forums to victims of sexual harassment, such as the Internal Complaints Committee, the Local Complaints Committee, and the National Commission for Women. These forums provide a safe and supportive environment for victims to report incidents of sexual harassment and seek redressal.
