Keith Mack
The Protection of Women against Sexual Harassment at Workplace Bill was introduced in 2007, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act, came into force on 9 December 2013. The PoSH Act was a result of activist movements for women's rights in India and the landmark 1997 Vishaka Supreme Court judgment, which outlined guidelines regarding sexual harassment in the workplace. The PoSH Act covers all workplaces, whether they are public or private, and requires employers to take steps to prevent sexual harassment, set up a complaints committee, and follow a set of steps for redressal.
| Characteristics | Values |
|---|---|
| Name | The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 |
| Acronym | POSH |
| Date of enactment | 23 April 2013 |
| Effective date | 9 December 2013 |
| Purpose | To stop, punish and provide remedies for sexual harassment of women at work |
| Coverage | All workplaces, whether public or private, organised or not, with 10 or more employees |
| Requirements for employers | To take steps to prevent sexual harassment, set up a complaints committee, and follow a set of steps for redressal |
| Penalties | Financial penalties for non-compliance, with the possibility of legal consequences for continued non-compliance |
| Basis | The Indian Constitution, international conventions, and the Vishaka Guidelines |
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What You'll Learn
The POSH Act's origin story
The Protection of Sexual Harassment or POSH Act, passed in 2013, is a law against sexual harassment in India. It applies to all public and private sector organisations throughout the country. The POSH Act was a result of the growing women's rights activist movements in India and the landmark judgment of 1997 by the Supreme Court on the Vishaka ruling, which outlined guidelines regarding sexual harassment in the workplace.
The Vishaka guidelines were laid down by the Supreme Court in a judgment in 1997 in a case filed by women's rights groups, one of which was Vishaka. They had filed a public interest litigation over the alleged gang rape of Bhanwari Devi, a social worker from Rajasthan, in 1992. Devi had prevented the marriage of a one-year-old girl, leading to the gang rape in an act of revenge. The guidelines defined sexual harassment and imposed three key obligations on institutions: prohibition, prevention, and redress. The Supreme Court directed that they should establish a Complaints Committee, which would look into matters of sexual harassment of women at the workplace.
The POSH Act broadened these guidelines and mandated that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch with ten or more employees. The law requires any employer with more than ten employees to form an ICC, which can be approached by any woman employee to file a formal sexual harassment complaint. It has to be headed by a woman and include at least two women employees, another employee, and a third party such as an NGO worker to pre-empt any undue pressure from senior levels.
The Act is grounded in the constitutional guarantee of the right to life and liberty, the right against discrimination, and freedom to practice any trade or profession without hindrance. The introduction of the POSH Law was important for all women in India as it promoted their rights and safety. The Act encourages a culture of fairness, respect, and responsibility at work.
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The Vishaka guidelines
Various women's groups and non-governmental organizations led by Naina Kapur and her organisation, Sakshi, filed a Public Interest Litigation (PIL) petition against the state of Rajasthan and the central Government of India to enforce the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India. The Supreme Court, in its judgment, laid down the basic definitions of sexual harassment in the workplace and provided guidelines on how to deal with such cases.
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Implementation issues
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act, was passed in India to prevent, punish and provide remedies for sexual harassment of women at work. The Act is applicable to all public and private sector organisations in the country.
Despite the progressive nature of the PoSH Act, there have been several implementation issues that have been highlighted.
One of the primary concerns is the lack of clarity on accountability. The Act does not specify who is responsible for ensuring that workplaces comply with the law, creating ambiguity and potentially hindering effective enforcement.
The Supreme Court of India has also flagged "serious lapses" and "uncertainty" in the implementation of the Act. In 2023, the Court directed the Union, States, and Union Territories to verify if all government bodies had formed Internal Complaints Committees (ICCs) as mandated by the Act. This intervention underscores the challenges in ensuring uniform implementation across the country.
Another issue pertains to the improper constitution of ICCs. In some cases, these committees have either had an inadequate number of members or lacked the mandatory external member, diluting their effectiveness.
The PoSH Act mandates that organisations with 10 or more employees must form an ICC to handle sexual harassment complaints. However, there have been concerns about the absence or inadequate functioning of these committees, particularly in smaller organisations or those in the informal sector.
Furthermore, there have been challenges in addressing sexual harassment in the film industry. The Kerala High Court directed film industry organisations to constitute joint committees to handle sexual harassment cases, underscoring the need for specialised attention to certain sectors.
The implementation issues with the PoSH Act highlight the complexities of enforcing laws related to sexual harassment. While the Act provides a crucial framework for addressing this issue, effective implementation and accountability measures are vital to ensure that the rights and safety of women in the workplace are protected.
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Punishments for non-compliance
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, was passed in India to stop, punish and provide remedies for sexual harassment of women at work. The Act covers all workplaces, whether they are public or private, organised or unorganised. It mandates employers to take proactive steps to prevent sexual harassment, set up a complaints committee, and follow prescribed procedures to address grievances.
The POSH Act outlines specific penalties and punishments for non-compliance with its provisions. Here are the punishments for non-compliance:
- Financial Penalties: Employers who fail to comply with the POSH Act may face monetary penalties of up to INR 50,000 for each instance of non-compliance. These penalties can be imposed for various reasons, including failing to constitute an Internal Complaints Committee (ICC), not acting upon the recommendations of the ICC, or not filing the required annual reports.
- Exemplary Damages: In addition to monetary penalties, employers may be liable to pay exemplary damages to aggrieved employees who take their cases to court. These damages can be significant, as seen in court cases where employers have been directed to pay large sums as compensation.
- License Cancellation: If an employer is convicted of repeated offences of non-compliance with the POSH Act, they may face the cancellation or non-renewal of their business license. This can have severe consequences for the organisation's ability to continue operations.
- Legal Consequences: Continued and repeated failures to comply with the POSH Act may attract legal measures in the form of criminal charges and punishments from the government. The ICC plays a crucial role in initiating these legal consequences by conducting inquiries and providing recommendations.
- Disciplinary Action: Upon an ICC investigation, if an individual is found guilty of sexual harassment, the ICC may recommend disciplinary actions such as a verbal warning, reprimand, or suspension from duty for a certain period.
- Reputational Damage: Non-compliance with the POSH Act can also result in harm to the reputation of the company or organisation. This can create a hostile work environment and negatively impact the organisation's public image and relationships with stakeholders.
It is important to note that the POSH Act holds both the perpetrator of sexual harassment and the employer accountable for any breach of its guidelines. Therefore, employers must ensure they take the necessary steps to comply with the Act and create a safe and respectful workplace for women.
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The impact of the #MeToo movement
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act, was passed in India to prevent, punish and provide remedies for the sexual harassment of women at work. The Act was a result of a wave of activist movements for women's rights in India, including the #MeToo movement.
The #MeToo movement in India has had a significant impact on addressing sexual harassment and abuse in the country. The movement began in October 2017 when actress Tanushree Dutta shared her story of sexual assault against actor Nana Patekar. This sparked a wave of women coming forward with their stories of sexual harassment and abuse, exposing powerful men in the country, including actor Alok Nath and journalist and politician MJ Akbar. The movement has brought to light the widespread nature of sexual harassment in India, which is commonly referred to as "eve-teasing," a term that has been criticised as misleading and diluting the seriousness of the crime.
The #MeToo movement in India has also led to a greater focus on educating women about their workplace rights and safe reporting procedures, as well as raising awareness among men about the scope of the problem. There has been a push for tougher laws and better implementation of existing laws, such as the PoSH Act, to address sexual harassment in the workplace. The movement has sparked debates and discussions about the role of emotion in feminist activism, the intersection of power and emotions, and the impact of epistemic and procedural forms of justice and injustice.
However, the #MeToo movement in India has also faced criticism and challenges. There have been concerns about the unverified nature of some allegations, with victims claiming that they were ignored, mistreated, or retaliated against when trying to pursue action. The movement has also faced intersectional inequalities, with critiques pointing to the lack of access to digital networks for some women due to social class, sexuality, and gender. Despite these challenges, the #MeToo movement in India has had a lasting impact on raising awareness, sparking difficult conversations, and pushing for legal and social change to address sexual harassment and abuse in the country.
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Frequently asked questions
The PoSH Law, or Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, was passed in India in 2013. It was a result of activist movements for women's rights and a landmark 1997 Supreme Court judgment, the Vishaka ruling, which outlined guidelines regarding sexual harassment in the workplace.
The PoSH Law aims to prevent and address sexual harassment in the workplace by requiring employers to take steps to stop problems before they happen, set up a complaints committee, and follow a set of steps to address issues. It covers all workplaces, whether public or private, and applies to all women working or visiting the workplace.
The Vishaka Guidelines were laid down by the Supreme Court in 1997 in response to a case filed by women's rights groups over the alleged gang rape of social worker Bhanwari Devi in 1992. The guidelines defined sexual harassment, imposed three key obligations on institutions—prohibition, prevention, and redress—and directed the establishment of a Complaints Committee to address sexual harassment of women at work.
Employers who fail to comply with the PoSH Law or do not set up an Internal Complaints Committee (ICC) can face financial penalties, legal consequences, and criminal charges. The ICC plays a crucial role in giving effect to these punishments by conducting inquiries and providing advice to employers.
