POSH Act: Everything You Should Know

Introduction

POSH Act 2013 is comprehensive legislation [1] to provide a secure and safe work environment for women- an environment free of sexual harassment.
Under this Act, an employer must legally comply with several statutory rules to restrain, prohibit and rectify sexual harassment of women in the workplace.

What is the POSH Act?

POSH Act, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [2] is an Indian law constituted to make safer workspaces for women through the prevention, prohibition, and redressal of sexual harassment against them.

Which Acts Are Considering As Sexual Harassment According to POSH Act?

The Ministry for Women and Child Development made this law effective across India on 9 December 2013. Section 2(n) of this Act describes sexual harassment to include different unwelcome acts like:

• Sexual advances and physical contact
• Making sexually coloured remarks
• Request or demand sexual favours
• Showing pornography
• All other unpleasant verbal, non-verbal and physical acts of sexual nature

The law might consider all these activities unwelcome if a woman is uncomfortable with their commission or does not consent to the same. Additionally, the law may regard the below-given circumstances as sexual harassment if related to any of the acts mentioned above:

• An open or indirect promise of giving preference in the job sector
• Work interference or creating an offensive, hostile or intimidating work environment
• An empty or indirect threat of treating women detrimentally during employment
• The humiliation can affect safety and health
• An open or indirect threat about future or present job status

What is the Purpose of the POSH Act?

Nowadays, women contribute immensely to the economy by working at different organisations. They have become the backbone of society by making their presence felt in all kinds of organisations – entertainment, sports, academics and politics. But women are often not treated well in their work environment because of physical and mental harassment and gender biases.
Therefore the legislature has framed the POSH Act to handle such situations. The Act has been effective throughout India to bring about a positive change in the work environment and society. 
The purpose of the POSH Act is to prevent and protect women from workplace sexual harassment, thereby ensuring a work environment where women can work safely and securely.
As mandatory compliance, the POSH Act requires every organisation with more than ten employees to set up an I.C.C. or Internal Complaints Committee to take and report complaints of sexual harassment from women in a highly confidential and time-bound manner. The person filing the complaint should be a woman, as this Act is not gender-neutral.

Who Does the POSH Act Apply?

The POSH Act applies to every establishment, workplace, organisation or company employing more than ten employees regardless of its nature of industry or location. It will also include consultants, interns, and part-time and full-time employees. The process of application of the POSH Act is:

• Organisations with more than ten employees must constitute an I.C.C. or Internal Complaint Committee with a female presiding officer as its head.
• Next, they must formulate an internal POSH policy to prevent and redress sexual harassment at the workplace.
• The organisation also needs to carry out team member training and orientation programmes.
• The organisation must file a yearly report detailing the number of sexual harassment complaints received during the year, the number of complaints dealt with and disposed of during the year, and the pending cases for more than 90 days.

What are the Consequences of Not Complying with the POSH Act?

Non-compliance with this Act can cost the employer a chargeable penalty of Rupees Fifty thousand. The law can levy this penalty in the following circumstances:

• Inability to set up Internal Complaints Committee
• Failing to act as recommended by the Complaints Committee; or
• Failing to file a yearly report with the District Officer where needed; or
• Breaking or attempting to damage or support the contravention of the POSH Rules or Act.

Employers repeating a breach under POSH Act might be subject to:

• Withdrawal/cancellation or non-renewal or licence or registration needed for carrying on activities or business.
• Twice the punishment or some higher punishment prescribed under any other law for a similar offence

The consequences of not complying with the POSH Act also include:

Typical Damages

Non-compliant employers must pay typical damages if the distressed team member takes the matter to court for compensation. Suppose the court finds out that the organisation is non-compliant with POSH rules and has also not set up an Internal Complaints Committee. In that case, it might not just impose the penalty of Rupees Fifty thousand but even cause typical damages for non-compliance.
Similarly, companies that fail to implement the suggestions of the Local Committee or the Internal Committee or those failing to include accurate details regarding the filing and disposal of sexual harassment cases will have to pay the same penalty.

Damage to Reputation

When a female team member complains of sexual harassment and the workplace is not POSH compliant, it will immediately be declared an unsafe and unfriendly work environment for the employees already offering their services. It is because of no Redressal system for complaints of sexual harassment and a lack of safety measures.
Furthermore, it can become challenging for the company to hire new individuals who will not trust the workplace, eventually resulting in a bad reputation.

Conclusion

Offering a secure and safe workplace to employees is the legal duty of an organisation. Their primary responsibility is to prevent, prohibit and redress sexual harassment cases that can defile their reputation. Thus, proper awareness of the POSH Act and its implementation can create dignified and inclusive workspaces.
Apart from that, organisations should have formal counselling sessions and mental health therapies for women employees who have gone through or already have gone through sexual harassment. And for this, you can get in touch with United We Care. It is an online platform for mental health and wellness, where we prioritise emotional and mental well-being in different ways, like yoga, counselling, meditation, and self-assessment tests. We provide professional guidance and experts to talk to you and listen to your issues before offering any treatment or therapy. We ensure that everyone coming to us can get rid of their mental issues, anxieties, and stress and live healthy lives.