Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH)

Why, When, Where, Whom, How And What

Of

Posh

The Sexual Harassment of Women At Workplace (Prevention,
Prohibition And Redressal) Act, 2013

Why

Before The Introduction Of This Posh Law, There Was No Legal Remedy That Directly Addressed Workplace Sexual Harassment Except The Indian Penal Code, 1860.The Only Two Sections I.E. Section 354 & 509 Under The Indian Penal Code That Could Be Used For Sexual Harassment.

Women Who Were Sexually Harassed At The Workplace Had To Go The Police And File Compliant.

When

In India The Framework For The Sexual Harassment At Workplace Was Laid Down In The Landmark Judgment Of The Supreme Court In Vishaka V. State Of Rajassthan (1997)

In 1992, Bhanwari Devi, A Dalit Woman Who Was A Social Worker Employed With The Rural Development Programme Of The Governemnt Of Rajasthan Was Gang Raped. This Highlighted The Extents Of Sexual Harassment Incidents In India’s Workplace.

It Extends To Whole Of India. It Shall Come Into The Force On Such Date As The Central Government May, By Notification In The Official Gazette Appoint.

Where

Any Place Visited By The Employee Arising Out Of Or During The Course Of Employment, Including Transportation Provided By Employer Or Accomodation Provided By Employer For Office Work. It Is Applicable Everywhere Any Single Female Employee Is Working.

Whom For

The Act Recognises The Right Of Every Woman To A Safe And Secure Workplace Environment Irrespective Of Her Age Or Employment / Work Status.Hence, The Right Of All Woman Working Or Visitng Any Workplace Whether In The Capacity Of Regular, Temporary, Adhoc, Or Daily Wages Basis Is Protected Under The Act.

How

In How, We Will Talk About Remedy Applicable Once Any Such Bad Event Has Taken Place Or Any Female Has Become An Agreived Under Posh Act.

In Organised Sector:

Evry Aggrieved Woamn Will Approach Internal Complaint Committee(Icc) Of Her Organisation Or Where Any Such Icc Is Not Consituted.

In Unorganised Sector

All Complaints Can Be Handled By The Local Committee Constituted By Local Committee Constituted By District Officer Who Shall Designate One Nodal Officer In Each And Every Area To Receive Complaints And Forward The Same To Local Committee

As Per Posh Guidelines, Every Such Complaint Is To Be Filed Within 3 Months From The Date Of Incident And In Case Of Series Of Incidents, Within 3 Months From The Date Of Last Incident.

What

If Not Satisfied, With The Constitution Of Committee, Can One Ask For Reconstitution Of Committee

Yes, It Can Be Requested If Allegations Are Made Against Whom Is A Member Of Icc , Same Such Facts Were Find In Case Of M.Rajendran V. M. Daisyrani & Ors., (2018)

If A Woman Is Saved A Day , One That Day Will Definitely Come When A Woman Will Reshape India. Lets Save Woman, Safe India