POSH Act,2013: An Overview - by Vedant Karia at LexCliq

 POSH Act,2013: An Overview - by Vedant Karia at LexCliq

Before  2013, no laws specifically protected women from workplace sexual harassment. While the Indian Penal Code penalised any offence against women, it did not directly address issues that women faced at work. Only after the landmark Vishakha v. Rajasthan case did the Hon'ble Supreme Court of India publish rules to ensure women's safety at work. The Supreme Court directed the Union of India to pass a law prohibiting workplace sexual harassment. The rules were created to provide a platform for workplace sexual harassment redress and grievance methods. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was inspired by these principles (POSH)

"Prevention, Prohibition and Redressal of Sexual Harassment of Women at Workplace Act, 2013" PoSH stands for Poverty of Sexual Harassment. This act protects working women in both regulated and unregulated sectors from sexual harassment. The Vishaka Guidelines paved the way for the government to enact legislation to protect women from workplace sexual harassment. Female employees' grievances are addressed by law. It also covers the formation of Internal Investigating Committees at various levels, grievance redress, punishment, and interim relief.

On 22nd April,2013, the Act took effect. It applies to all Indian states. Every company with more than ten employees must conduct a training programme for their employees. The organisation must form an internal committee to address sexual harassment issues and complaints. The internal committee will also include members from women's rights NGOs. Organisations with fewer than ten employees can approach the State's District Local Committee.

 

PoSH is now part of every employment contract. This Act covers both the regulated and unregulated sectors, such as small businesses and domestic workers. The government creates a district-level Local Committee to address women's concerns about unregulated or small-scale businesses.

 

Thus, it is a comprehensive Act that defines concepts like “workplace,” “aggrieved women,” and “sexual harassment.” It explains what constitutes sexual harassment and the various kinds of it.

 

 

 

Vishakha v. State of Rajasthan case set the groundwork for the PoSH statute. For the first time, the Supreme Court identified sexual harassment and other forms of workplace sexual harassment and recognised that they violate a woman's fundamental rights under Articles 14, 15, 19, and 21.

The Supreme Court outlined a precise rule for preventing sexual harassment of women at work and mandated that employers follow it.

 

In the case of Medha Kotwal Lele & Ors V. Union of India & Ors, a letter from Medha Kotwal was converted into a writ petition highlighting the inefficient execution of the Vishakha Guidelines. The Supreme Court directed that the Vishakha Guidelines be implemented and adhered to in both letter and spirit. Additionally, it empowered the aggrieved party to file a complaint with the High Court in the event of non-compliance with the Vishakha Guidelines.

In Seema Lepcha v. State of Sikkim & Ors, the Supreme Court directed the State to publish the instructions via newspaper, television, and the Legal Services Authority and the Sikkim Department of Social Welfare.

In Apparel Export Promotion Council v. A.K Chopra, the Supreme Court dismissed a senior officer for sexual harassment and expanded the definition of sexual harassment, holding that physical contact is not required for sexual harassment.

In Anita Suresh v. Union of India & Others, the Supreme Court dismissed the petition, imposing a cost of 50,000 on the petitioner for violating the law's provisions, and directed the respondent to take appropriate action against the petitioner for filing a false complaint.

Women have conquered every field. Women are leaders in medicine, media, space and marine, law and legislation, technology, education, and everything else women have excelled in. Patriarchal society has always treated women with harshness. In the past, women's personal lives were cruelly restricted, but today, both domestically and professionally, they face many problems. Being a woman is one of the most serious concerns, since it discourages women from aiming to higher levels in any field.

Vedant Karia