In the past few years, the number of cases of sexual harassment for women in the corporate world has increased. According to the National Crime Records Bureau (NCRB) in 2019, 505 cases were recorded of “insult to modesty of women at the work” which was 57 cases in the year 2014. A woman reporting such incidents undergoes not only physical rumination but from mental and emotional too and at the same time, it creates an unpleasant working atmosphere for all other employees.
What is the POSH Act?
The Prevention of Sexual Harassment at the workplace, The POSH Act of India was enacted by the Ministry of Women and Child Development India in the year 2013. The Act was enacted to provide a Sexual Harassment free, safe and secure working environment to every woman in their respective organisation. The Act directs each organisation to define their sexual harassment policies, prevention system, and service rules for in-house and other employees on role. By virtue of Prevention of Sexual Harassment of Women at Workplace Act 2013 Central Government has expressly stated its intent and importance to address this issue and made it mandatory to form an Internal Complaints Committee if organisation is employing 10 or more employees irrespective of number of women on pay role.
What amounts to Sexual Harassment?
According to the POSH Act, sexual harassment means unwanted and unwelcome sexual conduct by the recipient. The sexual conduct may include –
- Any unwanted and unwelcomed sexual conduct of physical, verbal, and non-verbal nature.
- Making sexually colored remarks.
- Showing pornography to the recipient etc.
Other than these circumstances sexual harassment at the workplace also includes the following situations if they are connected to some sexual conduct like –
- The ‘threat’ of terminating from the employment
- The ‘threat’ about future employment status.
- The ‘promise’ of special treatment as an employee.
- Any ‘abash behaviour’ which affects the female employee’s safety.
Compliance of POSH Act
- Formulation of policy – Formulation of POSH policy is required to prevent sexual harassment at workplaces.
- Formation of a Committee – If an organisation is employing 10 or more employees then they must form a committee (Internal Complaints Committee) which is required to head by a female presiding officer.
- Training – Training or orientation programs are necessary to be carried out by the organisation for their respective employees.
- Submission of the Annual Report – At the end of a year, organisations are required to submit an annual report of the total number of sexual harassment complaints that they received in a year, disposed of in a year, and pending cases for more than 90 days.
Non-compliance of POSH mandates
Non-compliance with POSH laws by an employer can be subjected to a penalty of an amount up to 50,000 which may extend to cancellation of licence of company or as the case may be. These are the following situations of non-compliance with POSH laws-
- Failure on the submission of the annual report.
- Failure on the formation of a Committee
- Failure to act on the recommendations provided by the complaints committee.
- Attempting to contravene the POSH rules.