Prevention of Sexual Harassment Act

 Prevention of Sexual Harassment Act

A woman has a legal right to a safe workplace. Violation of women's rights to equality and dignity is sexual harassment. Its roots can be found in patriarchy, which is characterized by belief that males are superior to women and that some types of violence against women are acceptable. One of these is sexual harassment at work, which considers various types of such harassment to be unimportant and harmless.
Any act of sexual harassment against a woman at work constitutes a violation of both her human rights and her constitutional rights. It creates an insecure and hostile work environment, which discourages women's participation in work, thereby adversely affecting their economic empowerment and the goal of inclusive growth.

Before POSH ACT 2013: Vishaka vs State of Rajasthan

"Vishaka Guidelines" were stipulated by the Supreme Court of India, in Vishaka and others v state of Rajasthan case in 1997, regarding sexual harassment at the workplace. The court stated that these guidelines were to be implemented until legislation is passed to deal with the issue.

The court said that such incidents of sexual harassment lead to a violation of the elemental rights envisioned in 'Gender Equality' and the 'Right of Life and Liberty'. It is a complete violation of the rights given under Articles 14, 15 and 21 of the constitution.

After the Supreme Court judgment in the case of Vishaka and vs State of Rajasthan, the Ministry of Women and Child Development, after several year, passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act).

What are the benefits of implementing a POSH policy?

* Making awareness among the employees

* Ensuring a safer workplace

* Help to improve the morale of the employees and in return, the employees will feel more committed towards the orgainzation

* It empowers the employees to come forward with their grievances about sexual harassment

* Ensures confidentiality of the proceedings

* Creating a more secure and tension free environment for employees

* Ensuring legal compliance and avoiding any legal disputes and penalties

* Protecting the goodwill of the orgainsating

* Employee retention at the organization 

ICC(International Complaint Committee)

Every company in which there are 10 or more employees must have ICC and all the complaints regarding sexual harassment are dealt with the committee. The ICC should comprise 4 members among them half of the members will necessarily have to be women. If in a company there are less than 10 persons then no need to form a committee and in this case all the complaints go to the local complaints committee which is set up by district officers in every district officers in every districts as per the Act.

The complaints committee is responsible for receiving and investigating every complaint of sexual harassment, submitting findings and recommendation of the inquiry to the employer and coordinating with the employer before implementing any confidentiality throughout the process.

Procedure for dealing with complaints

The complaint must be filed within three months of the occurrence date, together with any supporting documentation or, if available, the names of any withnesses. If the committee is satisfied with the factors preventing the filing of a complaint within the first three months, it may also extend the deadline by an additional three months.

The complaint maybe made in any format, including by phone or email, but each oral communication must be followed by a written message. If a complaint cannot be submitted in writing, the presiding officer or any committee member shall assist the complainant in doing so.