POSH ( Prevention Of Sexual Harassment at Workplace )

It refers to the POSH Act, 2013 (The Sexual Harassment of Women at Workplace – Prevention, Prohibition and Redressal Act), which aims to protect women from sexual harassment at the workplace.

In brief, POSH ensures:

  • A safe and respectful work environment
  • Prevention of sexual harassment
  • Prohibition of inappropriate behavior
  • Redressal through proper complaint mechanisms

History Behind the POSH Act (India)

The POSH Act has its roots in a landmark incident and legal movement in India that highlighted the urgent need to protect women from sexual harassment at the workplace.

In 1992, a social worker named Bhanwari Devi was brutally gang-raped in Rajasthan while trying to stop child marriage as part of her official duty. The incident exposed the lack of legal protection for working women against sexual harassment. This led a group of women’s rights organizations to file a Public Interest Litigation (PIL) known as the Vishaka case.

In 1997, the Supreme Court of India delivered a historic judgment and introduced the Vishaka Guidelines. These guidelines defined sexual harassment and laid down preventive and redressal measures for workplaces. However, they were only advisory in nature.

To give these guidelines legal backing, the Indian government enacted The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act.

The Act came into force on 9 December 2013, making it mandatory for organizations to create safe workplaces and establish complaint mechanisms. It marked a major step toward ensuring dignity, equality, and safety for women at work.

How POSH Is Applicable in Any Company

The POSH Act is applicable to all workplaces in India, regardless of the company’s size, sector, or nature of work. Its purpose is to ensure a safe, respectful, and harassment-free work environment for women.

Who must comply

    • Every company, organization, institution, NGO, factory, shop, or office
    • Both private and public sector
    • Covers regular, contractual, temporary, interns, trainees, and consultants

Internal Committee (IC)

  • Companies with 10 or more employees must form an Internal Committee
  • The IC handles complaints related to sexual harassment and ensures fair inquiry

Local Committee (LC)

    • Companies with less than 10 employees fall under the Local Committee formed by the district authority

What is considered workplace

    • Office premises
    • Work-from-home setups
    • Client locations
    • Travel for work, events, or meetings

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