SEXUAL HARASSMENT AT WORKPLACE�� The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, popularly known as the POSH Act,

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, or PoSH Act, is an Indian law providing protection, prevention, and redressal for women facing sexual harassment at work, covering organized/unorganized sectors, public/private bodies, and defining harassment (unwelcome physical/verbal conduct, demands for favors, etc.). Key features include mandatory Internal Complaints Committees (ICCs) for employers, Local Committees (LCs) for unorganized sectors, and clear procedures for inquiry and action within 90 days, ensuring a safe environment for all women employees. 

HISTORY OF THE LAW

• In 1992, gang rape was committed with Banwari Devi who working as Sathin for Rajasthan Govt.. Her job includes the preventing child marriages. Sexual assault was caused to her because she prevented the marriage in an upper caste household.
• A case of rape was filed against the accused. The lower court did not find them guilty because they believed that upper caste men could not rape woman from ‘lower’ caste. The case is still pending before the High Court.
• A Public Interest Litigation was filed by Vishakha, Jagori, Kali etc. on the issue of sexual harassment at workplace.
• Supreme Court took the matter seriously and in 1997 gave guidelines, popularly known as “Vishakha guidelines”.

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VISHAKHA GUIDELINES

• Sexual harassment was defined by the Vishakha Guidelines
• Responsibilities of government and employer towards women employees
• Ways to prevent sexual harassment
• Formation of Committees at every workplace for redressal of cases related to sexual harassment.

Constitutional Provisions

• Constitution has given Fundamental Rights to all its citizens, but because of sexual harassment women do not get their certain rights. Like:

1- Right to equality

2- Right to livelihood and occupation

3- Right to live with dignity

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Under the law it is the responsibility of the government and employer to ensure these rights.

Objectives of Law

• the objective of the law is to provide woman safe work atmosphere and equal work opportunities.
• This law has three main pillars or Key Objectives
• Protection: Safeguard women from sexual harassment at any workplace.
• Prevention: Prohibit acts of sexual harassment.
• Redressal: Establish a mechanism for handling complaints. 

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Definitions

• Applicability (Workplace Definition)
• The Act applies broadly to any place visited by an employee during employment, including: 
• Government/Private offices, hospitals, sports facilities.
• Educational institutions, stadiums, NGOs, domestic workers.
• Transportation provided by the employer. 
• Any Employer
• Any Aggrieved Women

Sexual Harassment

• What Constitutes Sexual Harassment?
• Unwelcome acts or behavior (directly or by implication) of a sexual nature, including: 
• Physical contact or try to contact, advances, demands for sexual favors.
• Making sexually colored remarks, showing pornography.
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
• Creating intimidating, offensive, or hostile work environments, or affecting health/safety (e.g., implied threats/promise of preferential treatment). 

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Indirect forms of sexual harassment

• The incidents of sexual harassment has strong implication over woman’s work, opportunities and her success. These are also indirect ways of causing sexual harassment

1- creating hostile work environment

2- Quid Pro Quo: implied or express promise of preferential/ detrimental treatment for sexual favours

3- Creating threat to her present or future employment status for not agreeing to give sexual favours

Latin word Quid Pro Quo means a favour or advantage granted in return for something.

Sexual harassment: Important points

• This law only prohibits acts or behaviour which are ‘unwelcoming to woman’ and are of ‘sexual nature’
• If the act or behaviour of sexual nature is welcoming to woman, it is not sexual harassment.
• Whether act or behaviour is sexual harassment does not depend upon the intention of respondent but its impact on the woman.

Aggrieved Woman

• Under the law an aggrieved person can only be the woman.
• An aggrieved woman can be (Section 2 (a) and (f))
• A woman employed at the workplace,
• Not an employee, working without remuneration,
• Domestic help

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Note: It is not necessary to receive salary for work. Woman working as full day employee(8 hours per day) or for few hours can complaint under the law.

Who is an Employer

Detailed definition of employer is given under Section 3 (g) of the law

• Any person responsible for management, supervision or control of the employees at a workplace,
• Person responsible for contractual work,
• Under the 2013 law, for every regional office/ branch/ unit/ department different Committees be formed.

Complaint mechanism

• Internal Committee – be formed at each workplace with 10 or more than 10 people working.

• Local Committee & be formed in every district.

Internal Committee

Section 4

• This committee should be formed at every workplace with 10 or more than 10 people working.
• The employer is responsible for constituting Committee.
• It is necessary to form committee in every unit.
• There should be atleast 4 members in the Committee.

Internal Committee

Min 2 members among employees

Chairperson

Senior Woman employee

A member from NGO

The tenure of each committee members shall be of 3 years. 50% members should be women.

Local Committee

• Following cases are dealt by Local Committee%
• Workplace with less than 10 working persons or where the Committee is not formed,
• Where complaint is against employer,
• Cases of domestic help

District officer shall form Local Committee in all districts.

There are minimum 5 members in the Committee.

A Nodal Officer shall be designated at every block, tehsil, taluka and in urban area at ward or municipality.

Local Committee

1 woman from block, taluka or tehsil or ward or municipality

Chairperson

An Eminent woman

A members from district social welfare or women and child development

The tenure of each committee members shall be of 3 years. 50% members should be women.

2 members from NGOs

Complaint under Criminal law

• If woman want, an FIR can also be registered be registered under IPC.
• If accused is not an employee of the respective workplace, an FIR can be registered with the help of employer.
• Both the proceedings before Committee and Criminal case can happen simultaneously.
• An FIR be registered for the case of domestic help before police with the help of Local Committee.

Filing of Complaint

• A written complaint be filed by the aggrieved woman within 3 months of the incident and in special circumstances the time periods could be extended to 6 months.
• If required Committee should help the woman in writing complaint.
• If aggrieved woman is sick or has died, a complaint can be filed on her behalf.
• 6 copies of the complaint is to be submitted to the Committee.

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Settlement/ Reconciliation

• If the aggrieved woman want before the inquiry is initiated can request for reconciliation/ settlement with the respondent.
• There should be no pressure on woman for reaching to a settlement.
• No monetary settlement shall be made.

Inquiry Procedure

• Following are the steps of inquiry procedurea ( Section 11, 12 and 13)&
• Preliminary enquiry of complaint
• Interim Relief
• Collection of case records
• Hearing
• Ex parte order
• Final Inquiry Report

Reliefs to Complainant

• Interim Relief
• Transfer or leave (Section 12)
• Other – to take back the responsibility of respondent to supervise or prepare report of complainant
• Final Releif
• Compensation (Section 15)

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Malicious Complaint

• If Committee finds through inquiry that that a malicious case is filed against respondent will ill intention, a false case is made and false evidences are used.
• The Committee can recommend the employer/ District Officer to initiate inquiry against the woman.
• But if the complainant is unable to provide evidence against respondent because of which he was not found guilty, no case of malicious complaint can be made against the woman.
• It is necessary to show that the case is filed against the woman with ill and wrong intention. (Section 14)

Rights of Complainant

• Sensitive behaviour towards complainant.
• Copy of respondent’s reply to the complainant.
• Sexual history of the woman not to become part of inquiry.
• The job of woman should not be affected because of filing complaint.
• Confidentiality.
• To take woman’s statement use of videograhy.
• To get assistance in registering FIR.
• Appeal before Civil Court or Industrial Tribunal.

Rights of Respondent

• The respondent should get opportunity to present his case.
• Copy of complaint and enough time to file reply.
• Appeal before Civil Court or Industrial Tribunal.

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Responsibilities of Committee

• To handle cases as per civil, labour and administrative procedure.
• On request of complaint take steps towards settlement of the matter.
• If settlement is not reached, initiate inquiry.
• To call upon witnesses and present evidences through employer.
• To complete inquiry in 90 days.
• To submit final inquiry report to employer or District Officer recommending to take appropriate action action against respondent.
• To submit Yearly Report to District Officer.

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Duties of Employer

• To provide safe working environment.
• To put information about Committee and punishment under the law at common area.
• Take steps to aware and sensitize its employees by holding workshops, trainings etc.
• To ensure the presence of Complainant and Respondent before Committee.
• To assist committee by providing required documents and information.
• It is the responsibility of Internal Committee to present Yearly Report that includes number of cases, how many of them are resolves etc. Employer shall submit this report to District Officer.

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Thank you

• Key Bodies & Procedures
• Internal Complaints Committee (ICC): Required in workplaces with 10+ employees to investigate complaints.
• Local Committee (LC): Constituted by the District Officer for small establishments/unorganized sectors.
• Inquiry: Committees have civil court powers, must complete inquiry within 90 days.
• Action: Employer/District Officer must act on the report within 60 days

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• Core Mandate
• Every employer must create a safe workplace and prevent harassment.
• This Act is in addition to, not in place of, other laws. 

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