Sexual Harassment of Women at Workplace Act, 2013
About
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) was passed by the Parliament to provide a statutory framework for the prevention of sexual harassment at the workplace, ensuring a safe and secure working environment for women.
- The act superseded Vishakha Guidelines laid down by the Supreme Court in 1997.
- The Act applies to all workplaces, including government, private, and non-governmental organizations, as well as any organization, institution, undertaking, or establishment.
Major Provisions of the Act
- Definition: The Act defines sexual harassment to include unwelcome acts such as physical contact and sexual advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
- Internal Complaints Committee (ICC): The Act mandates every workplace employing more than ten persons to constitute an Internal Complaints Committee. This committee is responsible for addressing complaints of sexual harassment and ensuring a safe working environment.
- Local Complaints Committee (LCC): Every district will have a Local Complaints Committee so as to enable women in the unorganised sector or small establishments to work in an environment free of sexual harassment. The LCC will receive complaints:
- From women working in an organisation having less than 10 workers;
- When the complaint is against the employer himself;
- From women working in unorganized sectors like domestic workers.
- All Complaints Committees must have 50 per cent representation of women.
- Timeframe: The complaint should be filed within three months from the date of the incident of sexual harassment or within three months of the last incident, in case of a series of incidents.
- The committee is required to complete the inquiry within 90 days from the date of receipt of the complaint. However, if there are valid reasons, the time limit may be extended for an additional period, not exceeding 90 days.
- Confidentiality: The Act mandates that the proceedings of the inquiry and the identity of the parties involved should be kept confidential.
- Protection Against False Complaints: The Act provides for penalizing the complainant if the complaint is found to be false with malicious intent.
- Appeal: If either party is dissatisfied with the decision of the ICC/LCC or the action taken by the employer, they may appeal to the appropriate authority, as notified by the State Government.
SHe-Box
- The Ministry of Women and Child Development developed the Sexual Harassment Electronic Box (SHe-Box) in 2017 to facilitate the registration of complaints related to sexual harassment of women at work place.