Introduction
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 popularly known as POSH Act was introduced in response to the Supreme Court’s guidelines in the Vishaka v. State of Rajasthan (1997) case. The Act broadly defines sexual harassment and covers both verbal and physical forms of misconduct, whether explicit or implied.
Eligibility for Employers
The POSH Act applies to organizations having 10 or more employees in India. It mandates that these organizations to form an Internal Complaints Committee (ICC) to handle sexual harassment complaints.
However, smaller organizations with fewer than 10 employees can voluntarily adopt the provisions of POSH Act’s.
Compliance under POSH Act
Though POSH compliances are the legal requirement in pursuance to the Act, it is also a commitment to workplace ethics and inclusivity. The following are the compliances mandated under the Act:
1.Adoption of POSH Policy Every organization shall have a POSH policy in place consisting of all the relevant provisions related to rules and guidelines implemented by organizations to prevent and address sexual harassment at the workplace.
2. Formation of Internal Committee (IC):
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- Every organization with 10 or more employees shall constitute an Internal Committee (IC) at each office or branch.
- The IC shall consist of:
– A senior woman employee as the Presiding Officer
– At least two employees with a commitment to women’s rights
– One external member
3. Display POSH Policy and Details of the IC:
The Company is required to display the POSH policy along with the names and contact details of the IC members. The same should also be made available to all the employees of the Company.
4. Conduct Regular Training & Awareness Sessions:
The organization shall train the Employees and IC members to recognize, report, and redress sexual harassment. Regular workshops and seminars should be organized within the organization for all the employees creating awareness and promoting a zero-tolerance policy.
5. Implementing a Robust Complaint Mechanism:
The organization shall implement a robust mechanism for filing of Complaints and providing resolution within the due time.
The Act mandates the IC to complete the inquiry within a period of 90 days from the date of receipt of Complaint and recommend appropriate action accordingly.
6. Confidentiality:
It is the duty of the organization and IC to main confidentiality with respect to the details of the complaint, identities of the parties involved, and proceedings.
7. Submit Annual Reports:
The organizations are mandated to file an annual report detailing the number of complaints received and their outcomes. The returns are required to be filed to the office of District Magistrate or such other officer as may be directed by the respective states.
In states such as Delhi and Haryana the annual report’s can be filed via online mechanisms.
Consequences of Non-Compliance
Pursuant to the provisions of the Act if any organization fails to comply with the provision of the POSH Act, it might result in:
– A penalty of up to ₹50,000
– Cancellation of license or registration to do business in case of repeated non-compliance
– Reputational damage and potential civil liability
While legal compliance is crucial, organizations should view POSH as an opportunity to build a culture of trust, dignity, and accountability. Creating a gender-sensitive workplace involves:
– Leadership commitment to diversity and inclusion
– Transparent communication channels
– Continuous dialogue and feedback
Conclusion
The compliance in respect of POSH is not just about meeting legal obligations, it is about creating a safe, secure and valued workplace for each individual. It also helps in enhancing employee morale, boosting productivity, and reflecting an organization’s true commitment to social responsibility. It is an opportunity to build a culture of trust, dignity, and accountability, creating a gender-sensitive workplace involving:
– Leadership commitment to diversity and inclusion
– Transparent communication channels
– Continuous dialogue and feedback
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