POSH

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

Justice D.Y Chandrachud observed in the verdict of Supreme Court that, “Sexual harassment at workplace is an affront to the fundamental rights of women to equality under Article 14 & 15 and her rights of live with dignity under Article 21 of the Constitution as well as her right to practice any profession or to carry on any occupation, trade or business.” In a landmark judgment, of Vishaka V/s State of Rajasthan the Supreme Court of India laid down the guidelines for “Prevention of Sexual Harassment” in the year 1997. The UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) was ratified by India on 25th June 1993, and subsequent legislation of POSH Act, 2013 has given critical visibility to the issue.

POSH law in India

The parliament of India enacted the law, “The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013. The President has given assent to the law on 22nd April 2013.

What is sexual harassment at the workplace?

Sexual harassment includes anyone or more of the following unwelcome acts or behaviour (whether directly or indirectly 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 sexual nature.

Who shall comply?

The Act is applicable to all organizations whether the public sector or private sector, establishment or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial services, including production, supply, sale, distribution, or service. All offices, units, and branches.

Employer’s (management) responsibility for compliance of POSH law

• Provide a safe working environment. (Sec-19-a)
• Constitute Internal Committee (Sec-4-1)
• Appoint one external member from NGO in Internal Committee (Sec-4-1-c)
• Formulate and widely disseminate an internal policy (Rule 13-a)
• Display the policy and details of the Internal Committee. (Sec-19-b)
• Organize workshops and awareness programs at regular intervals for sensitizing employees. (Sec-19-c, Rule 13-c)
• Provide facilities to Internal Committee for conducting inquiry of complaint (Sec-19-d, Rule 13-b)
• Conduct Orientation programs and skill building programmes for members of the Internal Committee. (Sec-19-c, Rule 13-d)
• Provide aid to aggrieved women employee if she wishes for a criminal complaint. (Sec-19-g)
• Timely submission of annual reports. (Sec-19-j)
• Take punitive action as per the recommendation of the Internal committee if allegations are proved against employee (Rule-9)

Consequences of non-compliance:

The Appropriate Government by the order can call upon any employer to furnish in writing such information relating to sexual harassment or authorize any officer to inspect the record. If the employer fails to constitute an internal committee, act on the inquiry report, submission of the annual report or to comply with the other provisions of this Act or rules thereunder shall be punishable with a fine up to fifty thousand rupees. On subsequent conviction the twice the fine and cancellation of license/registration.

Companies Act, 2013 (Board’s Report)

The Companies (Accounts) Rules, 2014 was amended in 2018 and notified on 31st July 2018. (Matter to be included in Board Report) it is now mandatory for every company to declare compliance under the POSH Act.

Our services, (how we can assist you)

• Our foundation (BWEF) can help in implementing the POSH law in the organizations/institutions. As this foundation is constituted for women's cause, the foundation can nominate a member in the Internal Committee of your company. (Refer Section-4 (2) (c) of Act).
• It is mandatory for organizing workshops and awareness programmes at regular intervals for sensitizing employees. We have designed different training modules for classroom training.
• It is mandatory to conduct an orientation programme and skill-building programs for Internal Committee members, we have designed a classroom programme for Internal Committee members.
• As per the act, it is mandatory to Formulate and disseminate internal policy, the foundation helps in drafting policy for the organization
• We can provide an introductory program for the senior management team of short duration.
• It is necessary to mention in your Annual Report, how many programs you have conducted in a year, hence conducting such programmes are must.
• It is mandatory to prepare Annual report, with other details and submit the same to the government every year.
• If a complaint received from any female employee, conduct the inquiry according to principles of natural justice and prepare an inquiry report.
• The expert’s advice is being provided to the clients for 24X7.