What is POSH Act?
POSH stands for Prevention of Sexual Harassment.
The governing law is:
👉 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
This Act ensures a safe working environment for women and provides a structured complaint mechanism.
Objective of POSH Act
The Act aims to:
✔ Prevent sexual harassment
✔ Protect women at workplace
✔ Provide complaint redressal system
✔ Make employers legally accountable
Who is Protected?
The Act protects:
-
Women employees (permanent, temporary, contractual)
-
Interns & trainees
-
Consultants
-
Domestic workers
-
Visitors
-
Work-from-home employees
What is Sexual Harassment?
Includes:
-
Unwelcome physical contact
-
Demand for sexual favours
-
Sexually coloured remarks
-
Showing pornography
-
Any unwelcome verbal, written, digital or physical conduct
Even online harassment is covered.
Internal Committee (IC) – Mandatory
If organisation has 10 or more employees, it must form an Internal Committee.
IC includes:
-
Presiding Officer (senior woman employee)
-
2 members
-
1 external member (NGO/legal background)
Complaint Process Under POSH
1️⃣ Written complaint within 3 months
2️⃣ IC inquiry within 90 days
3️⃣ Both parties heard
4️⃣ IC submits report
5️⃣ Employer must act within 60 days
What Happens If Allegation is Proven?
If harassment is proved, the organisation can take action such as:
-
Written apology
-
Warning or reprimand
-
Salary deduction
-
Suspension
-
Termination of employment
-
Withholding promotion or increment
-
Mandatory counselling
Compensation may also be awarded to the victim based on:
-
Mental trauma
-
Loss of career opportunity
-
Medical expenses
Employer must implement IC recommendations.
Can Employee File FIR Directly?
Yes.
POSH complaint and criminal complaint are separate.
If the act amounts to a criminal offence under IPC (like assault, stalking, physical harassment), the employee has full right to:
👉 Directly file an FIR at police station
👉 Or file complaint simultaneously with IC and police
Internal Committee cannot stop someone from going to police.
Who Handles Such Cases in Police Station?
Usually handled by:
-
Women Police Officer
-
Women Help Desk (available in many police stations)
-
Crime Against Women Cell
If required, case may be registered under relevant sections of IPC.
What is SHe-Box Portal?
SHe-Box (Sexual Harassment electronic Box) is an online complaint platform by the Government of India.
It is managed by:
👉 Ministry of Women and Child Development (India)
Women working in:
-
Government sector
-
Private sector
can file online complaint through SHe-Box portal.
The complaint is then forwarded to the employer’s Internal Committee or concerned authority.
This provides digital tracking and accountability.
Penalty for Employer Non-Compliance
If employer:
-
Fails to form IC
-
Ignores complaint
-
Does not conduct inquiry
Penalty can include:
-
Fine up to ₹50,000
-
Higher penalty for repeated violation
-
Cancellation of business license (in extreme cases)
Important Clarifications
✔ POSH applies only to women (as per Act)
✔ Complaint must be filed within 3 months (extendable in certain cases)
✔ False complaint provision exists, but cannot be used to silence genuine victims
📢 Final Conclusion
Under the POSH Act:
✔ Women have right to safe workplace
✔ Organisation must conduct fair inquiry
✔ Strong disciplinary action can be taken
✔ Employee can file FIR directly
✔ SHe-Box provides online complaint option
Workplace safety is a legal responsibility — not optional compliance.
No comments:
Post a Comment