POSH Act

Issues related to Prevention of sexual harassment

Source: The Indian Express

Context:

In accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013, the Kerala High Court has directed organisations affiliated with the film industry to take efforts to establish a joint committee to deal with complaints of sexual harassment of women.

Vishaka principles and guidelines?

The Supreme Court of India issued a ruling in 1997 that established the Vishaka rules, which are legally binding. This occurred in the context of a case brought by women's rights organisations, one of which was Vishaka.

As outlined in the rules, institutions were required to comply with three fundamental obligations: prohibiting sexual harassment, preventing it from occurring, and providing remedies.

A Complaints Committee, which would investigate allegations of sexual harassment against women in the workplace, was ordered to be established by the Supreme Court.

These guidelines were broadened as a result of the 2013 Act.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 provides the following information:

The Prevention of Sexual Harassment Act, often known as the POSH Act, was approved by Parliament in 2013. It prohibits sexual harassment.

Sexual harassment is defined as follows:

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, defines sexual harassment as follows: 

Indirectly or explicitly, it includes "any one or more" of the following "unwelcome acts or behaviours" that are conducted directly or indirectly: Contact and progress on a physical level Remarks with a sexual connotation, displaying pornographic material A demand or solicitation for sexual favours, as well as any other uninvited physical, verbal, or nonverbal behaviour of a sexual character, are all prohibited under the law.

The following are some of the most important provisions of the act:

This Act establishes the processes for filing a complaint and conducting an investigation, as well as the actions that must be performed.

According to the law, every employer must establish an Internal Complaints Committee (ICC) at each office or branch with a workforce of at least ten people.

It outlines the processes to be followed as well as defining various components of sexual harassment.

A woman of any age, employed or unemployed, who "alleges to have been subjected to any act of sexual harassment" is protected under the Act. This implies that the rights of all women working or visiting any workplace, in any capacity, are protected under the Act, regardless of age or employment.

The need for more stringent regulations:

The Internal Complaints Committee (ICC) has been delegated the powers of a civil court by the 2013 Act, without defining whether or not the members of the ICC must have a legal background. This was a significant oversight, considering that the International Criminal Court (ICC) was established as an essential grievance redressal tool within the scope of the act.

Employers that failed to comply with the ICC's constitution were only subjected to a punishment of 50,000 under the 2013 legislation. This was insufficient in terms of guaranteeing that the employers were able to form the ICC within a reasonable timeframe.