Key Provisions of the POSH Act
1. Definition of Sexual Harassment
The POSH Act defines sexual harassment broadly, including unwelcome acts such as:
- Physical contact and advances.
- Demand or request for sexual favors.
- Making sexually colored remarks.
- Showing pornography.
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
2. Applicability
The Act applies to:
- All workplaces in India, including public and private sectors.
- Women of any age, whether employed or not, who allege to have been subjected to sexual harassment.
3. Internal Complaints Committee (ICC)
- Organizations with ten or more employees are required to establish an Internal Complaints Committee to address complaints of sexual harassment.
- The ICC must consist of at least three members, with a majority being women and one member from a non-governmental organization or an association committed to women's causes.
4. Local Complaints Committee (LCC)
For workplaces with fewer than ten employees or when the employer is the accused, a Local Complaints Committee must be established by the District Officer.
5. Complaint Mechanism
- Aggrieved women can file a written complaint with the ICC within three to six months from the date of the incident.
- The ICC is responsible for conducting inquiries into complaints and must complete the inquiry within 90 days.
6. Conciliation
The Act allows for conciliation between the complainant and the respondent before an inquiry is conducted, provided that no monetary settlement is involved.
7. Interim Relief
Complainants can seek interim relief during the inquiry process to ensure their safety and prevent retaliation.
8. Confidentiality
The Act emphasizes confidentiality throughout the complaint process, protecting the identities of all parties involved.
9. Penalties for Non-Compliance
Employers who fail to comply with the provisions of the POSH Act may face penalties, including fines and potential cancellation of business licenses. Disciplinary actions against offenders can range from warnings to termination based on the severity of the harassment.
10. Protection Against Retaliation
The Act provides protection for complainants against victimization or retaliation by employers or colleagues after filing a complaint.
11. Frivolous Complaints
Provisions are included to address frivolous complaints, ensuring that individuals making false allegations may face consequences.
These provisions collectively aim to create a safe and conducive work environment for women, ensuring that sexual harassment is addressed effectively and promptly in Indian workplaces.
What are differences between Posh Act and Vishaka guidelines?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly referred to as the POSH Act) and the **Vishaka Guidelines are both significant frameworks aimed at addressing sexual harassment in the workplace in India. However, they differ in their nature, scope, and implementation.
Key Differences
Origin and Legal Status
- Vishaka Guidelines: Formulated by the Supreme Court of India in 1997, these guidelines emerged from the landmark case of Vishaka and Others v. State of Rajasthan. They were created to provide immediate procedural measures for addressing sexual harassment complaints in the absence of specific legislation. The guidelines were intended as a temporary measure until formal laws could be enacted.
- POSH Act: Enacted in 2013, the POSH Act supersedes the Vishaka Guidelines and provides a comprehensive legal framework for preventing and addressing sexual harassment at workplaces. It is a formal legislative act that obligates all workplaces to adhere to its provisions.
Scope and Applicability
-Vishaka Guidelines: Primarily focused on establishing a mechanism for redressal of complaints related to sexual harassment. They emphasized the employer's responsibility to create a safe working environment but lacked detailed enforcement mechanisms.
-POSH Act: Broader in scope, it applies to all workplaces (public, private, organized, and unorganized sectors) and includes provisions for both employees and certain non-employees (like clients and domestic workers). The Act mandates the establishment of Internal Complaints Committees (ICCs) in organizations with ten or more employees.
Definitions and Provisions
- Vishaka Guidelines: Provided a foundational definition of sexual harassment but did not elaborate extensively on various forms or contexts of harassment. The guidelines emphasized the need for awareness programs and required that complaints be handled by committees with specific composition criteria (e.g., a majority of women).
- POSH Act: Offers a detailed definition of sexual harassment that includes various forms such as quid pro quo and hostile work environment. It outlines specific procedures for filing complaints, conducting inquiries, ensuring confidentiality, and protecting against retaliation. The Act also prescribes penalties for non-compliance by employers.
Implementation Mechanisms
- Vishaka Guidelines: Required organizations to set up complaints committees but did not specify penalties for non-compliance or provide a clear mechanism for enforcement.
-POSH Act: Clearly delineates the roles and responsibilities of employers regarding the establishment of ICCs, conducting inquiries, and maintaining records. It also imposes penalties on employers who fail to comply with its provisions, including fines up to ₹50,000 for violations.
Summary
In summary, while the Vishaka Guidelines served as a crucial initial step in addressing workplace sexual harassment in India, the POSH Act represents a more robust legal framework that formalizes these protections into law. The POSH Act not only builds upon the principles established by the Vishaka Guidelines but also enhances them with specific requirements for compliance, enforcement mechanisms, and broader applicability across different sectors.
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