Prevention of Sexual Harassment Act, 2013

Prevention of Sexual Harassment Act, 2013
 

News: POSH act is in news these days as many sports federations in India have failed to comply on key provisions of it.
 

About Prevention of Sexual Harassment Act, 2013:

o The enactment of POSH Act, 2013 has led to awareness on the dos and don’ts in terms of workplace conduct. This Act provides a mechanism for and aims at prevention, prohibition, and redressal of complaints of sexual harassment at the workplace.
 

Key Provisions of Act, 2013:

Definition of Sexual harassment

o Sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:
I) Physical contact and advances 

ii) a demand or request for sexual favours 

iii) sexually coloured remarks 

iv) showing pornography or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

Internal Complaints committee

o Every employer is mandated to constitute an Internal Complaints committee at each office/branch with 10 or more employees.
o They have powers similar to those of a civil court in respect of summoning and examining any person on oath and requiring the discovery and production of documents.

Duration of filing complaints

o It must be made “within three months from the date of the incident”.

Penalty

o Non-compliance with the provisions of the Act shall be punishable with a fine of up to Rs 50,000.

Basis of Compensation

o It is determined on 5 objects - suffering and emotional distress caused to the woman, loss of career opportunity, her medical expenses, income and financial status of the respondent, and the feasibility of such payment.

Conciliation

o The ICC may at the request of the aggrieved woman allow the matter to be settled through conciliation. However, no monetary settlement is allowed.

Protection for Domestic workers

o They are protected under the Act and can seek redressal from the Local Complaints Committee (LCC) when they are sexually harassed at their workplaces.

Relief for Victim

o As per the Section 12 of the POSH Act, the employer shall grant relief to the victim, such as transfer the aggrieved woman to any other workplace or grant leave up to a period of three months (except for the leaves she would be otherwise entitled to) during the pendency of the enquiry only if the victim has given a written request.
 

Conclusion:

o Sexual Harassment is one of the serious issues in the workplace and women are easy targets for these kinds of offences as they are considered to be fragile.
o However, India is late in formalizing sexual harassment at the workplace as an offence punishable with imprisonment, fine or both.
o The Government of India has been taking steps to monitor implementation of the POSH Act in all the sectors. However, it is the responsibility of the victim to step up and report such incidents and create awareness about the rights of the victims.
Source – Indian Express, Lawyers Club India