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

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

Why it Matters? 

  • A Bihar ASI has been suspended following an FIR alleging sexual assault and caste-based abuse against a Scheduled Caste woman sub-inspector, invoking provisions under the Bharatiya Nyaya Sanhita, POSH Act, and SC/ST (Prevention of Atrocities) Act.  

What You Should Know? 

  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted to ensure the safety and dignity of women at work. 

  •  The Act aims to prevent, prohibit, and redress sexual harassment at the workplace. 

  • It defines sexual harassment to include unwelcome physical contact, sexual advances, demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome conduct of a sexual nature. 

  • The Act was based on the Vishakha Guidelines, laid down by the Supreme Court in 1997 in Vishakha v. State of Rajasthan. 

  • It draws constitutional strength from Article 15, which prohibits discrimination based on sex. 

  • The Act also draws from CEDAW (Convention on Elimination of All Forms of Discrimination Against Women), ratified by India in 1993. 

  • Employers are legally bound to prevent and prohibit sexual harassment in the workplace. 

  • Every workplace with 10 or more employees must establish an Internal Complaints Committee (ICC). 

  • The ICC has the powers of a civil court for collecting evidence and conducting inquiries. 

  • Employers must conduct awareness programs and display details of the PoSH Act at prominent places in the workplace. 

  • The Act provides a structured complaint mechanism and ensures a fair inquiry for both the complainant and respondent. 

  • Non-compliance with the provisions can lead to penalties, including fines and cancellation of business licenses.