The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH), was enacted to create a safe and equitable working environment for women. Before its introduction, workplaces lacked legal oversight, leading to an increase in incidents of harassment. The Act mandates the establishment of complaint and redressal mechanisms, ensuring compliance with Articles 14, 15, and 21 of the Constitution, which uphold equality, non-discrimination, and the right to life and liberty, including the right to work in a harassment-free environment.
The POSH Act, enacted on April 22, 2013, extends across India and comprises 30 sections divided into 8 chapters. It outlines the formation of Internal and Local Complaint Committees, defines sexual harassment, and specifies the responsibilities of employers and district officers. Enacted by the Ministry of Women and Child Development, the Act was influenced by the Vishaka case (1997) and the Nirbhaya case (2012), alongside the recommendations of the Justice J.S. Verma Committee, formed to strengthen criminal laws on sexual offences.
The Vishaka case highlighted the lack of legal protection against workplace harassment, stemming from the case of Bhanwari Devi, a social worker assaulted while opposing child marriage. The Supreme Court’s intervention brought transformative legal changes, laying the foundation for the POSH Act.
Key Guidelines:
- Employers must prevent workplace harassment and establish redressal mechanisms.
- Acts of harassment under Section 2(n) must be addressed, and criminal acts reported to authorities.
- Victims may request the transfer of either party involved.
- Employers must ensure disciplinary action for misconduct and establish Complaint Committees.
- Organizations must raise awareness about women’s rights and provide timely resolution of complaints.
- The central and state governments are responsible for ensuring the Act’s implementation.
