In an effort to ensure safe working environments for women, the Sexual Harassment of Women at Workplace Prevention, Prohibition, and Redressal (Posh) Act, 2013 was established. This legislation aims to create workplaces that respect women’s right to equality of status and opportunity, protecting them from harassment.
Understanding Sexual Harassment at the Workplace: The Supreme Court defines sexual harassment as any unwelcome, sexually determined physical, verbal, or non-verbal conduct. The following acts are considered forms of sexual harassment:
1.Physical contact or advances.
2.Requests or demands for sexual favors.
3.Making sexually colored remarks.
4.Showing pornography.
5.Any other unwelcome conduct of a sexual nature.
Recognizing such behaviour is the first step towards prevention. It is defined by being unwelcome and sexual in nature, often occurring within a power imbalance. The focus is on the impact rather than the intent of the behaviour.
Key Features of the Act:
Applies to All Workplaces: This law covers both organized and unorganized sectors, protecting women of all ages and employment statuses.
Internal Complaints Committee (ICC): Employers must establish an ICC, comprising internal and external members, to handle complaints impartially.
Duties of ICC: The ICC is responsible for conducting confidential inquiries, ensuring fair hearings, and recommending appropriate actions.
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Penalties for Non-Compliance: Employers failing to comply with the Act may face severe fines, potential license cancellation, and other penalties.
Safe Redressal Mechanism: The law emphasizes creating a supportive environment for reporting incidents, with strict measures for maintaining confidentiality.
Women’s Rights Under the Act:
Every woman has the legal right to a safe workplace. Sexual harassment is a gross violation of a woman’s right to equality and dignity. All workplaces are legally required to maintain a safe and secure environment free from harassment.
According to the Posh Act, an “aggrieved woman” is a woman, who in relation to a workplace alleges to have been sexually harassed.
This Act recognizes the rights of every woman and aims to create a safe and secure workplace environment for all of them. This definition covers every woman, employed or not, irrespective of their age, work, status, etc.
Speaking Up Against Harassment:
Sexual harassment should not be tolerated under any circumstances. Women who experience unwelcome conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment are encouraged to file a complaint without fear of retaliation. Complaints can be made to the Internal Complaints Committee (ICC) or to the Local Complaints Committee (LCC) if an ICC is not available.
By understanding their rights and knowing the resources available, women can take action against harassment and contribute to creating safer workplaces for everyone.
Immediate Reporting is crucial, and complaints can also be registered online through the She-Box portal at https://shebox.wed.gov.in/. For further assistance, women can contact the Women Helpline at 181 or 9485239098, or visit the nearest Sakhi – One Stop Centre. The information has been published by the State Hub for Empowerment of Women – Mission Shakti, Department of Social Welfare.
