In recent years, ensuring safety and dignity at the workplace has become a major priority for organizations across the globe. In India, the Prevention of Sexual Harassment (POSH) Act, enacted in 2013, serves as a significant legislative milestone in promoting a secure, respectful, and inclusive working environment. This blog will explore what POSH is, why it is essential, the rules and provisions under the Act, and how the Internal Complaints Committee plays a pivotal role in its implementation.
What is POSH?
POSH stands for "Prevention of Sexual Harassment" at the workplace. The POSH Act, officially known as the "Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013," aims to prevent and address sexual harassment of women in the workplace.
This legislation was enacted following the landmark Vishaka Guidelines laid down by the Supreme Court of India in 1997. The court recognized sexual harassment as a human rights violation and emphasized the need for a legislative framework to address it. As a result, the POSH Act was introduced to establish mechanisms for prevention and redressal of sexual harassment complaints.
Definition of Sexual Harassment
Sexual harassment under the POSH Act includes any one or more of the following unwelcome acts or behavior:
Physical contact and advances
A demand or request for sexual favors
Making sexually colored remarks
Showing pornography
Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
The Act acknowledges that sexual harassment is not only physical but can also be psychological and emotional, occurring in subtle ways that impact the dignity of the individual.
Who is Covered Under POSH?
POSH applies to:
Women employees (full-time, part-time, interns, consultants)
Working in both organized and unorganized sectors
Any place visited by the employee during the course of employment, including transportation
Although the Act primarily addresses women, many organizations voluntarily extend POSH-like protections to all employees irrespective of gender to promote an inclusive and respectful workplace culture.
Key Provisions and Rules Under POSH
Applicability: The POSH Act is applicable to all workplaces, including private and public sector organizations, NGOs, educational institutions, hospitals, and government offices.
Internal Complaints Committee (ICC): Every employer with more than 10 employees is required to constitute an Internal Complaints Committee at each office or branch.
Local Complaints Committee (LCC): In districts where establishments have less than 10 employees or when the complaint is against the employer, a Local Complaints Committee must be constituted by the District Officer.
Complaint Procedure:
A complaint must be filed in writing within 3 months of the incident.
The ICC can extend the time limit if it is satisfied with the reasons for delay.
Inquiry Process:
The ICC must complete the inquiry within 90 days.
The report of the inquiry must be submitted to the employer or District Officer within 10 days.
Action must be taken within 60 days of receiving the report.
Confidentiality: All proceedings, including the identity of the complainant, witness, and respondent, must be kept confidential.
Penalties for Non-compliance:
Fine up to INR 50,000 for non-compliance
Cancellation of business license in case of repeated violations
The Internal Complaints Committee (ICC)
The ICC is the backbone of POSH implementation. Each ICC must consist of:
A Presiding Officer – a senior woman employee
At least two members from among employees, preferably committed to women’s issues or who have experience in social work or legal knowledge
One external member from an NGO or association committed to the cause of women
The ICC is responsible for:
Receiving complaints
Conducting inquiries
Recommending actions based on findings
Submitting annual reports to the District Officer
Role of the Employer
Under POSH, the employer has several responsibilities:
Constitute the ICC
Display POSH policy and details of the ICC at conspicuous places
Organize awareness programs and workshops
Assist in securing attendance of the accused and witnesses during inquiry
Provide necessary facilities for the ICC to carry out its functions
POSH Training and Awareness
Training and awareness sessions are critical to the successful implementation of POSH. These should be conducted regularly and cover:
Definition and examples of sexual harassment
Rights and responsibilities of employees
Reporting mechanisms and procedure
Role of ICC and outcomes of inquiry
Training must also address bystander intervention, power dynamics, and unconscious biases to foster a truly respectful workplace culture.
Challenges in Implementation
Despite being a progressive and essential legislation, there are several challenges in POSH implementation:
Lack of awareness among employees
Reluctance to report incidents due to fear of retaliation
Inadequate training of ICC members
Token compliance by some organizations
To address these issues, organizations must go beyond legal compliance and actively work to create an environment where employees feel safe and empowered to raise their voices.
Best Practices for Effective POSH Compliance
Policy Development: Draft a clear, accessible POSH policy and circulate it widely.
Regular Training: Conduct engaging, scenario-based training programs.
Third-party Audits: Bring in external experts to evaluate ICC functioning.
Feedback Mechanism: Create anonymous reporting and feedback systems.
Zero Tolerance Culture: Promote a no-retaliation, pro-complaint environment.
Thoughats From Our Side
POSH is not just a legal requirement—it is a moral responsibility. Organizations that commit to the principles of POSH foster trust, integrity, and respect in their work environments. By implementing the POSH Act sincerely, establishing strong ICCs, educating employees, and addressing complaints swiftly, workplaces can ensure the safety and dignity of every individual, thereby boosting morale, productivity, and organizational reputation.
In a truly progressive workplace, POSH becomes more than compliance—it becomes culture.