What Is the PoSH Act 2013?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act, was enacted to protect women against sexual harassment. It mandates organisations with 10 or more employees to adopt an anti-sexual harassment policy, establish an Internal Committee (IC)- a quasi-judicial body to investigate sexual harassment complaints, organise awareness and capacity-building sessions, file annual reports, and more.
For those asking what is PoSH in a legal context, it specifically refers to the Act that governs prevention, prohibition, and redressal of workplace sexual harassment.
The PoSH Act 2013 also defines ‘sexual harassment,’ provides for a time-bound redressal, obligates employers to provide a safe working environment, and protects complainants against victimisation and retaliation. Non-compliance with the Act results in monetary penalties and the cancellation of the business license after repeated offences.
What Does PoSH Stand For?
Why Was the PoSH Act Introduced in India?
In 1992, Bhanwari Devi, a social worker in Rajasthan, was gangraped since she tried to intervene in a girl child’s marriage. Several women’s rights organisations, including Vishaka, came together to support Bhanwari Devi in her fight for justice. This made the Supreme Court realise the need for a law to prevent, prohibit, and redress workplace sexual harassment.
Initially, the Vishaka Guidelines were laid down, and then the PoSH Act. Therefore, it was introduced to prevent and address incidents of sexual harassment of women at their place of work and provide a mechanism for redressal of complaints related to such harassment.
What Is Considered Sexual Harassment at the Workplace?
The PoSH Act 2013 defines sexual harassment as physical contact and advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
It further widens the definition by stating that a promise of preferential treatment, threat of detrimental treatment, threat about the victim’s present or future employment status, interfering in the victim’s work, creating a hostile work environment, and subjecting the victim to humiliation thereby affecting their health and safety may also amount to sexual harassment, whether done in an implied or explicit way in relation to sexual harassment.
PoSH Act Applicability: Who Does It Apply To?
The PoSH Act applicability is broad and extends across different types of employment and workplace arrangements. The PoSH Act covers all employees, irrespective of the capacity in which they are employed. This includes employees working full-time, part-time, freelancers, consultants, contractual employees, interns, trainees, apprentices, and third-party or outsourced employees.
It also covers employees who have been employed with or without the knowledge of the principal employers, whether on remuneration or not, working voluntarily or otherwise, and whether the terms of employment are implied or expressed.
The law further covers visitors to ensure a safe workplace, not just for those employees who work in a particular office, but for everyone who is physically present in that space.
Applicability of the PoSH Act for Employers
The PoSH Act applicability extends to both organised and unorganised sectors, to organisations with 10 or more employees. As a result, it applies to the public and private sector organisations, government bodies and institutions, non-governmental organisations (NGOs), educational institutions, hospitals, nursing homes, sports institutions and academies, financial institutions, organisations carrying out vocational, commercial, industrial, and entertainment activities, and a dwelling place or house.
A workplace under the PoSH Act includes physical offices, branches, any place visited by an employee arising due to their employment, such as transportation or commute for work, or visits to client offices, and virtual workplaces.
Key PoSH Guidelines Every Workplace Should Know
The following are the key PoSH guidelines and aspects that every workplace or organisation must be aware of:
- Adopt a PoSH Policy: A PoSH policy lays down the foundation of the organisation’s stance against sexual harassment.
- Constitute an Internal Committee (IC): Establishing an IC is mandatory to effectively address complaints of workplace sexual harassment.
- Organising awareness sessions: Awareness sessions for employees are critical to help them understand what sexual harassment is, what a workplace is, and how to file a complaint.
- Conducting capacity-building workshops: The employer must train their IC to investigate PoSH complaints.
- Annual Report Filing: Filing an annual PoSH Report with the District Officer is mandatory to show compliance with the PoSH Act.
Responsibilities of Employers Under the PoSH Act
An employer under the PoSH Act must constitute the IC to ensure complaint redressal. Further, they should:
- Formulate and disseminate a PoSH Policy.
- Display the consequences of violating the law.
- Display the names and contact information of the IC.
- Organise awareness sessions for employees and capacity-building sessions for the IC.
- Provide the IC with the necessary tools to investigate a PoSH complaint.
- Assist the aggrieved employee if they wish to file a police complaint.
- File the annual PoSH Report with the relevant District Officer.
- Implement the IC’s recommendation after the completion of the inquiry.
Employers must ensure compliance with the law by implementing policies, conducting training, and seeking the right support through POSH compliance services.
How Are PoSH Complaints Addressed at a High Level?
PoSH complaints are addressed by the IC constituted by the employer. Once the IC receives the complaint filed by an employee, they follow the guidelines laid down in the PoSH Act and the ‘principles of natural justice’ to inquire into the complaint and come to a conclusion.
Once the inquiry is completed, the IC makes recommendations for actions to be taken and prepares an inquiry report. The Report is submitted to the employer who implements the recommendations.
Consequences of Non‑Compliance with the PoSH Act
Non-compliance with the PoSH Act may lead to monetary penalties of up to INR 50,000 for failing to constitute the IC, not filing the annual PoSH Reports, or not adhering to any of the Act’s guidelines.
Further, the monetary penalty may be doubled if an organisation repeatedly fails to comply with the Act, and its business licence or registration may be cancelled.
In 2019, the Indore Bench of the Madhya Pradesh High Court imposed a penalty of INR 50,000 on the Medanta Hospital, Indore, for not having the IC in place. The court further ordered the hospital to pay an additional 25 lakhs to the complainant for failing to address their sexual harassment complaint.
Why PoSH Awareness and Training Are Important
PoSH awareness and training are important to foster a holistic work environment that ensures the safety and well-being of all employees. Employers are liable to organise awareness sessions, training, and capacity-building programs to:
- Educate employees about sexual harassment.
- Encourage an inclusive workplace culture.
- Build a safe and secure workplace for their employees.
- Provide the IC with the necessary tools and knowledge to investigate and inquire into a PoSH complaint.
- Empower employees to speak up for themselves and their colleagues.
Regular training plays a crucial role in prevention, as it helps employees understand acceptable workplace behavior and reporting mechanisms. You can also explore more about why regular POSH training is essential for compliance.
Conclusion: Building Safer and More Respectful Workplaces
Understanding what is PoSH is the first step towards building safer and more respectful workplaces. The Act imposes the primary responsibility of creating a safe and respectful workplace on the employer. However, it is an organisation’s and its employees’ collective responsibility to ensure that every employee in the team feels safe in their working environment, can grow, and contribute to the organisational goals.
Therefore, it is imperative to comply with the PoSH Act and implement it effectively.
Frequently Asked Questions (FAQs)
The PoSH Act is mandatory for organisations with 10 or more employees, regardless of which industry or sector the organisation operates in. It applies equally to the organised and unorganised sectors, including private and public organisations.
Yes, the PoSH Act applies to remote and hybrid workplaces. Under an ‘extended workplace’, the law ensures that employees working in work-from-home set-ups are also protected against sexual harassment that may occur virtually via online meeting rooms, text messages, and more.
Non-compliance with the PoSH Act may lead to a monetary penalty of INR 50,000. Repeated offence may lead to the doubling of the penalty and cancellation of the business licence or registration. Not adhering to the Act may also lead to reputational and business loss.