Revolutionizing the Safety in Work Place

Prohibition, Prevention & redressing the Sexual Harassment of Women at Workplace Act, 2013, is referred to as the ‘PoSH Act’. It is an Indian law made with the motive of making workplaces safer for women from sexual harassment against them. The law was rolled out in India on 9th December 2013 by the Ministry for Women and Child Development.


What is ‘Sexual Harassment’ under the Act?


  • Sexual advances & Physical contact

  • A request or demand for a sexual favor

  • Making sexually colored gestures

  • Showing pornography forcefully

  • Unwelcoming physical, verbal or non-verbal conduct of sexual conduct


The above-mentioned behaviors can be considered unwelcome if the woman raises her discomfort upon committing these acts, or does not consent to them. Additionally, the following situations will be considered as sexual harassment if they are linked with any of the acts or behaviors mentioned above.


Who is required to Comply?


  • The HOD of any section in the organization, undertaking the establishment of enterprise, institution, office, branch of any party or local authority.

  • The individual is responsible for the management, supervision, and control of any workplace.

  • The person or household who keeps a domestic worker in a house or any kind of domestic work, regardless of actions performed by the domestic worker, the time period they are employed for, or whether they are working full time or part-time.


Who are the Beneficiaries?


The PoSH Act is for Women in the Work Place, Which Protects Them from Sexual Harassment. All Women Employees Regardless Of Whether:


  • They are employed permanent, temporary, or on a daily wage basis.

  • They are employed directly or indirectly through an agent or a contractor.

  • They are employed with or without the knowledge of the main employer.

  • They are employed for remuneration or on a voluntary basis.


The above-mentioned employees are protected under the PoSH Act. The PoSH Act also applies to women contract workers, probationers, trainees, apprentices, and interns.


What does the PoSH Act Mandate?


Providing a Safe Working Environment in the Work Place: 


The PoSH Act makes employers responsible for assuring that the workplace is safe for its employees. 


Constitution of an Internal Committee in Every Work Place with More Than 10 Staff: 


The Internal Committee (IC) is one of the redressing bodies under the PoSH Act. Any employer of a workplace with 10 or more employees is required to constitute an IC. The IC is responsible for hearing and redressing any complaints pertaining to sexual harassment in such a workplace.


An In-Depth Inquiry into All Complaints of Sexual Harassment: 


The IC, as the case may be, is required to conduct an inquiry into every complaint of sexual harassment in accordance with the provisions of the service rules applicable to the respondent within 90 days from the lodging of the complaint. Upon the completion of an inquiry, the IC is required to prepare a report of its findings. If the complaints of sexual harassment are proved, the IC can suggest to the employer or the District Officer to take necessary action against the accused.


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