Creating a safe and inclusive workplace is no longer a choice. It has become a necessity. The POSH Act (Prevention of Sexual Harassment Act) aims to address this very issue. And it exists in India, so that every employee, no matter what gender, can work freely. From harassment, fear, or discrimination. The human resource management software safeguards this policy in each organization
What is the POSH Act?
The Sexual Harassment of Women at the Workplace. Prevention, Prohibition, and Redressal Act, 2013. This historic legislation was one of the first milestones for India. Thus, providing them protection and dignity.
Vishaka Guidelines are the guide under which this act falls in. Issued by the Supreme Court in 1997 and became a full-fledged law in the year 2013.
Objectives of the POSH Act
The POSH Act was designed to eradicate sexual exploitation with a goal of having in place:
- Sufficient and safe working environment
- Process of complaint, preferably reporting, and redressal
- Creating awareness among the general public with regard to workplace conduct.
What Qualifies as Sexual Harassment?
- Unwanted physical contact or advances
- A demand or request for sexual favours
- Sexually colored remarks
- Showing pornography
These actions create actual or perceived intimidation, a hostile work environment. Or an offensive environment within the workplace.
Scope of the POSH Act
The POSH Act covers the following population:
Any woman working for an organization. Or working for various organizations. Namely, contractors, interns, daily-wagers, part-timers, and so on.
All workplaces- private offices, government, NGOs, schools, colleges, hospitals, etc.
Both the organized sector and the unorganized sector.
It should be noted that though the Act is specifically for women. Many organizations apply similar policies for the benefit of all genders. Voluntarily towards an inclusive and equal society.
Internal Committee (IC)-The Heart of Redressal
As mandated under the law.
- Senior woman employee
- Two committed employees, female or jurists.
- There would be one external from an NGO. Or an association on women’s rights.
The IC hears complaints, looks into cases with confidentiality, and makes recommendations for action based on its findings.
Importance of Awareness and Training
Awareness is a key factor in making the POSH Act work in actual life. Employees should receive regular workshops, seminars, and training sessions to imbibe acceptable behaviours, reporting mechanisms, and recognize their rights and responsibilities. A culture of employee safety, open communication, and gender equality will boost morale and productivity in the workplace.
Conclusion
The POSH Act plays an important role. Only if the organizations follow the law seriously and build a culture of respect. And accountability, they will avoid legal problems. And have workplaces where all feels valued and safe.
FAQs
Q1: Under whom does the POSH Act apply?
The Act applies to all working women, including interns and employees on a part-time or contract basis.
Q2: What is the work of the IC?
The IC has multiple roles. It examines complaints. Also provides recommendations for action against sexual harassment.
Q3: Is there any way for men in the POSH Act?
Many companies have gender-neutral policies in hr management. You need to clarify it first.
Q4: List the consequences of what happens when an organization goes against the provisions of the POSH Act.
Here is the list. Penalties, cancellations of licenses, and branding fallouts arise out of non-compliance.