POSH Act, 2013

Source: IE

Context: The Supreme Court is hearing a PIL on applying the POSH Act to political parties, questioning their status as workplaces and Internal Complaints Committees (ICC) compliance.

About POSH Act:

• What is POSH Act?

• Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. Objective: Protect women from sexual harassment at workplaces and ensure a mechanism for redressal.

• Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

• Objective: Protect women from sexual harassment at workplaces and ensure a mechanism for redressal.

• Important Sections of the Act:

• Section 3(1): Prohibits sexual harassment at the workplace. Section 4: Mandates the formation of an Internal Complaints Committee (ICC) in every workplace. Section 9: Details the procedure for filing a complaint within three months of the incident. Section 13: Discusses the inquiry procedure and actions against the accused if found guilty.

• Section 3(1): Prohibits sexual harassment at the workplace.

• Section 4: Mandates the formation of an Internal Complaints Committee (ICC) in every workplace.

• Section 9: Details the procedure for filing a complaint within three months of the incident.

• Section 13: Discusses the inquiry procedure and actions against the accused if found guilty.

• Who is Covered Under the Act?

• Employees: Includes permanent, temporary, contract workers, interns, and volunteers. Workplace: Includes offices, public and private institutions, houses, hospitals, transport, and places visited during employment.

• Employees: Includes permanent, temporary, contract workers, interns, and volunteers.

• Workplace: Includes offices, public and private institutions, houses, hospitals, transport, and places visited during employment.

• Features of the POSH Act:

• ICC Formation: Requires at least one external member with expertise in addressing sexual harassment. Wide Definition of Workplace: Covers places visited during employment and extends to remote work settings. Employer Responsibility: Ensures compliance, raises awareness, and reports annual compliance status. Penalties: Non-compliance attracts fines and reputational damage for the organization.

• ICC Formation: Requires at least one external member with expertise in addressing sexual harassment.

• Wide Definition of Workplace: Covers places visited during employment and extends to remote work settings.

• Employer Responsibility: Ensures compliance, raises awareness, and reports annual compliance status.

• Penalties: Non-compliance attracts fines and reputational damage for the organization.

• Judicial Judgments on POSH Act:

• Vishaka vs. State of Rajasthan (1997): Laid down guidelines for workplace sexual harassment, which later became the foundation for the POSH Act. Kerala HC (2022): Held that political parties are not workplaces under the Act due to the absence of an employer-employee relationship.

• Vishaka vs. State of Rajasthan (1997): Laid down guidelines for workplace sexual harassment, which later became the foundation for the POSH Act.

• Kerala HC (2022): Held that political parties are not workplaces under the Act due to the absence of an employer-employee relationship.

Insta links:

• Issues-with-the-protection-of-women-from-sexual-harassment-POSH Act