Introduction to the Posh Act Sexual Harassment
The Prevention of Sexual Harassment (POSH) Act, 2013 is a vital piece of legislation in India. It aims to create a safe and secure workplace for women. To achieve this, it mandates the establishment of Internal Complaints Committees (ICCs) in workplaces. These committees address and prevent sexual harassment effectively.
What is the Posh Act Sexual Harassment?
The POSH Act, formally known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was enacted to protect women from sexual harassment at work. It defines sexual harassment and details the processes for lodging complaints, conducting inquiries, and taking action against offenders.
Key Provisions of the POSH Act
- Constitution of Internal Complaints Committee (ICC): Every organisation with more than ten employees must establish an ICC to manage complaints of sexual harassment.
- Complaint Process: An aggrieved woman can file a written complaint with the ICC. For organisations with fewer than ten employees, a Local Complaints Committee (LCC) handles such complaints.
- Inquiry and Action: The ICC or LCC investigates the complaint and takes appropriate action based on the findings.
- Confidentiality: The identities of the complainant and witnesses are kept confidential throughout the process.
- Punishment for False Complaints: The Act includes penalties for making false or malicious complaints.
Importance of POSH Training
POSH training is crucial for all employees, including managers and ICC members. This training helps employees understand their rights under the POSH Act. It also clarifies what constitutes sexual harassment and outlines the grievance redressal process.
- Recent Legal Insights
The 2021 case of Vishakha vs. State of Rajasthan underscored the need for comprehensive POSH training programs. The Supreme Court emphasised that organisations must prioritise such training to effectively implement the POSH Act.
Building a Safe Workplace Culture
The POSH Act serves as a powerful tool for ensuring women’s safety and dignity at work. However, its effectiveness relies heavily on a supportive workplace culture. Here are steps organisations can take:
- Implement a Robust POSH Policy: Develop a clear policy that aligns with the POSH Act. This shows the organisation’s commitment to a harassment-free environment.
- Regular POSH Training: Conduct ongoing training sessions for all employees. This raises awareness about sexual harassment and encourages reporting of incidents.
- Zero-Tolerance Policy: Establish a strong zero-tolerance stance towards sexual harassment. Ensure prompt and fair action against offenders.
Latest Judgments and Case Law
A recent Supreme Court ruling directed the central and state governments to ensure ICCs are set up in all organisations. This ruling underscore the necessity for thorough implementation of the POSH Act. It also highlights the role of state and district legal services authorities in assisting victims.
Outlook on the POSH Act
As awareness of the POSH Act continues to grow, more women feel empowered to report sexual harassment. This shift signals progress towards a harassment-free workplace. Ongoing efforts to enforce the Act and educate employees are crucial for its success.
About LawCrust Legal Consulting Services
LawCrust Legal Consulting Services, a subsidiary of LawCrust Global Consulting Ltd, stands tall as a prominent legal consulting firm in Mumbai and across India. We specialise in a wide range of legal services, including property dispute resolution, litigation finance to legal protection, litigation management, startup solutions, funding solutions, hybrid consulting, and mergers & acquisitions and many more, specialises in providing legal support related to the POSH Act and other workplace issues across India. Our services extend to cities like Mumbai, Thane, Navi Mumbai, Kolkata, Bangalore, Delhi, and international locations like Dubai. We offer:
- Drafting compliant POSH policies
- Providing POSH training for employees and ICC members
- Advising on the formation and functioning of Internal Complaints Committees (ICCs)
Call to Action
If you need legal assistance related to the POSH Act or any other workplace issues, reach out to LawCrust Legal Consulting Services today. Our experienced team is ready to help you create a safe and respectful work environment. email us at bo@lawcrust.com.