What is the PoSH Act, 2013?
About:
POSH Act is enacted to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaint of sexual harassment and for matters connected therewith or incidental thereto. The PoSH Act is based on the Supreme Court's landmark judgment in the Vishakha and others v. State of Rajasthan (1997) case, which laid down the 'Vishakha guidelines' for preventing sexual harassment at the workplace. The Supreme Court also drew on several provisions of the Indian Constitution, including Article 15, which prohibits discrimination on grounds of religion, race, caste, sex, and place of birth.
Provisions under POSH Act, 2013:
- Enacted in the year 2013 by the Government of India, this Act superseded the Vishakha guidelines.
- It aims to create a safe and conducive work environment for women and provide protection against sexual harassment.
- Section 2(n) of this Act defines the term Sexual Harassment. It states that Sexual Harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely: -
- physical contact and advances; or
- a demand or request for sexual favors; or
- making sexually colored remarks; or
- showing pornography; or
- any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
- Section 3(2) of the Act mentions the circumstances which lead to sexual harassment. As per the section the following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment -
- implied or explicit promise of preferential treatment in her employment; or
- implied or explicit threat of detrimental treatment in her employment; or
- implied or explicit threat about her present or future employment status; or
- interference with her work or creating an intimidating or offensive or hostile work environment for her; or
- humiliating treatment likely to affect her health or safety.
- For details of the constituted Internal Complaints Committee to redress complaints pertaining to sexual harassment, please visit the “Contact us” page.
- Section 9 - Complaint of sexual harassment: In writing by the aggrieved women to the Internal Committee within 3 (three) months from the incident or last incident in case of series of events. Time limit is extendable for another 3 (three) months for reasons to be recorded by the Internal Committee.
