The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) was introduced to protect women from sexual harassment in the workplace. The Act was passed by the Indian Parliament in 2012 and 2013 and came into effect in December 2013.
Purpose
- To ensure a safe and secure workplace for women
- To protect women from sexual harassment
- To provide a clear framework for addressing complaints
- To preserve the rights and dignity of women employees
Key features
- Defines sexual harassment
- Mandates that employers with more than 10 employees establish an Internal Complaints Committee (ICC)
- Sets out a procedure for making complaints, conducting inquiries, and resolving cases
- Prohibits retaliation against complainants
Challenges
- Despite the law being in force since 2013, there is a lack of clarity on various aspects of the Act
- Many employers have not implemented the law
- There is a need for greater awareness and enforcement
Penalties
- Employers may be held liable for damages to the complainant
- Employers may be liable for more severe punishment if convicted again for the same offense