POSH act (Prevention of sexual harassment)

The POSH (Prevention of Sexual Harassment) Act, 2013, is an Indian legislation designed to protect women from sexual harassment at the workplace. It mandates that employers with 10 or more employees establish an Internal Committee (IC) to investigate complaints and requires organizations to conduct regular employee sensitization and awareness training. [1, 2, 3, 4]

Key Aspects of the Act

• Definition of Sexual Harassment: Under Section 2(n) of the Act, sexual harassment includes unwelcome sexual behavior such as physical contact, demands for sexual favors, sexually colored remarks, showing pornography, or other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
• Workplace Scope: The law applies to the organized and unorganized sectors, including government departments, private companies, educational institutions, hospitals, and domestic workers. The scope extends to off-site events, client sites, field visits, and digital communication (e.g., official emails and messaging apps).
• Complaints Committees:
  • Internal Committee (IC): Mandatory for all establishments with 10 or more employees. It must be headed by a female employee, with at least half of the members being women, and must include an external member (such as an NGO worker).
  • Local Committee (LC): Handled by District Officers for establishments with fewer than 10 employees, or for complaints lodged against the employer. [2, 7, 8, 9, 10]
• Timeline and Process:
  • A complaint must be filed within three months of the incident (or the last incident in a series).
  • The IC must complete its inquiry within 90 days and submit its report.
  • Employers are required to take action within 60 days of receiving the report. [11]
• Confidentiality: The Act mandates strict confidentiality during proceedings to prevent retaliation or undue scrutiny. The identity of the aggrieved woman and the details of the complaint must not be disclosed publicly. [11]

Employer Responsibilities and Compliance

Organizations that fail to comply with the POSH Act—such as by not constituting an IC or not filing annual reports—can face monetary fines and, in cases of repeated non-compliance, the cancellation of their business licenses. [4]

For official resources, forms, or to explore the centralized grievance redressal system, refer to the SHe-Box Complaint System portal provided by the Ministry of Women and Child Development. [12, 13, 14, 15]

AI can make mistakes, so double-check responses

[1] https://en.wikipedia.org/wiki/Sexual_Harassment_of_Women_at_Workplace_(Prevention,_Prohibition_and_Redressal)_Act,_2013

[2] https://www.mondaq.com/india/discrimination-disability-sexual-harassment/1812906/false-posh-complaints-and-the-law-analysing-the-shilpa-shinde-controversy

[3] https://www.plumhq.com/blog/posh-full-form

[4] https://shlc.in/law/

[5] https://elearnposh.com/posh-act/

[6] https://www.greythr.com/guides/posh-full-form/

[7] https://www.pmfias.com/posh-act/

[8] https://www.lexology.com/library/detail.aspx?g=5756cf3b-ff05-4c65-adcf-bed27c975060

[9] https://www.mohanfoundation.org/images/MF-POSH-Policy.pdf

[10] https://www.professionalutilities.com/internal-and-local-committee-for-posh.php

[11] https://complykaro.com/salient-features-of-the-posh-act-every-workplace-must-know/

[12] https://www.dpe.gov.in/documents/acts-and-policies/prevention-of-sexual-harassment-of-women-at-workplace-EDM2ATMtQWa?pageTitle=Prevention-of-Sexual-Harassment-of-Women-at-Workplace

[13] https://ssrana.in/posh-law/articles/supreme-court-flags-gaps-in-posh-compliance-reiterates-statutory-duty-to-ensure-safe-workplaces/

[14] https://www.instagram.com/p/DZuLPM4E2f1/

[15] https://ssrana.in/posh-law/articles/mwcd-notification-on-she-box-portal/