An Analysis on the Prevention of Sexual Harassment ACT, 2013

 The Prevention of Sexual Harassment Act, 2013 is a piece of legislation that was introduced to establish and offer a safe and respectful work environment for women. The main objective of the POSH Act is to create awareness, proactive measures, and a fair and confidential grievance redressal process for aggrieved women who are subject to any kind of harassment at the workplace.


Important Provisions Under The Act

Formation of Internal Committee :

Under the POSH Act, organizations with more than 10 employees are required to constitute an internal committee to act as a redressal mechanism for the aggrieved parties under the act. The committee is composed of a chairperson who must be a senior-level female employee in an organization, at least two other employees, and one external member with expertise in the field of sexual harassment or a social worker working for the cause of women.

Powers of Internal Committee :

The Prevention of Workplace Sexual Harassment Act mandates that the ICC investigate complaints of sexual harassment in the workplace with the same authority granted to a civil court under the Code of Civil Procedure, 1908 when conducting a lawsuit These powers include: i. calling someone to appear and testify; ii. demanding the production and discovery of documents; and iii. any other prescribed subject.

Obligations of the Employer :

The employer is responsible for the following obligations:

  • Formulation of an Anti-Sexual Harassment Policy.
  • Display within the organization the penal consequences of sexual harassment at places where it could be viewed by a majority of the people.
  • Create an ICC at each location and display their contact details.
  • Sensitization and training of employees and ICC members.
  • Provide administrative support and monitor the timely submission of reports by ICC.
  • Mention the number of cases filed and disposed of under the SH Act within the organization’s annual report.
  • Help the aggrieved woman register criminal cases if she so desires.

    Frequently Asked Questions:

    What is Quid Pro Quo harassment?

    Quid Pro Quo harassment occurs when a person trades or tries to trade, job benefits for sexual favors. It therefore occurs between an employee and an individual who can grant or withhold any job-related benefits.

    What is the time limit for completion of the inquiry?

    The ICC is required to complete the inquiry within the stipulated period of 90 days.

    What is the due date for filing the POSH Annual Report?

    The due date to file the report with the District Officer is the 31st of January for every year for the preceding calendar year.

    What is the penalty for non-compliance under the Act?

    According to the POSH Act, an organization may be fined up to Rs. 50,000 for failing to form an IC and for failing to comply with other terms of the Act. If the violation is committed again, the penalty may be increased, and regular non-compliance may result in the cancellation of the business license.

    How to locate ICC at an organization?

    As per the Act, the employer is obligated to display the order constituting ICC at any conspicuous place in the workplace.

    Want to know more insights, Visit- An Analysis on the Prevention of Sexual Harassment ACT, 2013

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