PoSH Act The Prevention of Sexual Harassment at Workplace (Prevention, Prohibition & Redressal) Act and Rules, 2013 (“Law”) mandates every Employer to “provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace For this, it provides that the aggrieved can file a complaint of sexual harassment within the organization itself and seek redressal via the internal mechanism. For the success of this, all organizations (whether public or private) having 10 or more employees (whether permanent, temporary, ad-hoc, consultants, interns or contract workers irrespective of gender) are mandated under Law to comply with certain requirements. Sexual Harassment at the workplace is a horrific violation of an individual’s rights and serious crime. For prevention of sexual harassment at workplaces and to address the increasing number of complaints of sexual harassment, the Prevention of Sexual Harassment Laws (POSH) Act was introduced. Every Employer having 10 or more employees must constitute an Internal Committee (IC) within the Organization to handle complaints of sexual harassment. The Law is applicable to all kinds of Organizations – Private and Public Sector companies, Government Bodies, Ministries, NGOs, Schools & Colleges etc.

Introduction and Background Definition of Sexual Harassment at Workplace   Sexual harassment at the workplace is a pervasive issue that affects numerous individuals globally. In India, it is defined as 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. Under Indian Law, “Sexual harassment” is defined under Section 2(n) as below – Section 2 (n) of POSH Act,
“sexual harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:— physical contact and advances; or a demand or request for sexual favours; or making sexually coloured remarks; or showing pornography; or any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

Prevalence and Impact of Sexual Harassment in India The alarming prevalence of sexual harassment in India, as evidenced by data from the National Commission for Women (NCW), is a grave concern. In the fiscal year 2022, the number of sexual harassment complaints in workplaces saw a staggering 27 percent increase compared to the previous year. This substantial rise in cases highlights the urgent need for organizations to take proactive measures in addressing issues related to workplace culture and conduct to foster a safer and more inclusive environment for all employees. The increase in reported cases suggests that individuals are becoming more aware of their rights and more willing to speak out against harassment. However, it also underscores the persistence of this issue in Indian workplaces. Organizations should prioritize implementing comprehensive anti-harassment policies, conducting regular training and awareness programs, and fostering a culture of respect and accountability. By doing so, they can not only comply with legal requirements but also create a workplace where all employees can thrive without the fear of harassment. Law Governing Sexual Harassment at Workplace in India To combat this issue of POSH at the workplace, the Indian government enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in 2013. It establishes a mechanism for dealing with sexual harassment complaints in the workplace and mandates employers to create a safe working environment. The Act also requires employers to establish an internal complaint committee to handle complaints of sexual harassment.

Rights and Responsibilities of Employers Indian law primarily outlines the responsibilities of employers rather than their rights. However, there are certain provisions in the Act that indirectly grant rights to employers: Right to form Internal Complaints Committee (ICC): This gives employers the right to form a committee that can address complaints of sexual harassment at the workplace. Right to take action based on the recommendations of the ICC: After the completion of an inquiry, the ICC provides a report to the employer. Based on the recommendations of the ICC, employers have the right to take disciplinary action against the perpetrator. Right to appeal: If an employer is dissatisfied with the findings or recommendations of the ICC, they have the right to appeal to a court or tribunal in accordance with service rules applicable to the respondent or in accordance with the rules prescribed under the act. Right to terminate or take disciplinary action: If an employee is found guilty of sexual harassment, employers have the right to terminate their services or take any other appropriate disciplinary action. Right to confidentiality: The Act mandates that all information related to conciliation and inquiry proceedings must be kept confidential. This gives employers the right to maintain confidentiality during and after inquiry proceedings. Responsibilities of Employers

Under the Act, employers in India have several obligations to prevent and address sexual harassment at the workplace. These are as below - Firstly, employers are required to establish an Internal Complaints Committee (ICC) at each office or branch that employs at least 10 employees. The ICC is a body envisaged to receive complaints on sexual harassment at the workplace from an aggrieved woman, inquire into them, and make recommendations to the employer on the action required pursuant to its inquiry. Secondly, employers have a duty to assist their employees who accuse other employees of harassment. This assistance can include aiding the employee in taking legal action, including criminal action if necessary. Employers are also obliged to assist the ICC or the Local Complaints Committee (LCC) in securing the attendance of respondents and witnesses, and making available all information within its power, in relation to the complaint of sexual harassment. Lastly, non-compliance with the provisions of the Act can result in penalties for employers. If an employer fails to comply with the Act and Rules, they can be punished with a fine that may extend to Rs. 50,000. If an employer who has been convicted earlier of an offence subsequently commits a repeat offence, they will be liable for twice the punishment that might have been imposed on a first conviction.

Rights and Responsibilities of Employees Under the Act, employees in India have several rights and responsibilities – Rights of Employees The Act recognizes the right of every woman to a safe and secure workplace environment irrespective of her age or employment/work status. All women employees, whether employed regularly, temporarily, contractually, on an ad hoc or daily wage basis, as apprentices or interns or even employed without the knowledge of the principal employer, can seek redressal to sexual harassment in the workplace. The Act mandates employers to establish Internal Complaints Committees (ICCs) that are responsible for grievance redressal.

Responsibility to Report Instances of Sexual Harassment Employees have a responsibility to report instances of sexual harassment. This not only helps in addressing the issue at hand but also contributes to creating a safer workplace environment. Procedures for Submitting a Complaint and Conducting an Investigation The Act provides two different procedures for conducting an inquiry. If the respondent is an employee then the inquiry shall be conducted in accordance with the service rules; and where no service rules exist then the inquiry shall be held as per manner prescribed in the Rules. In the case of a domestic worker, the Local Complaints Committee (LCC) shall forward the complaint to the police, within seven days for registering the case under section 509 of the IPC, and any other relevant provisions of the said Code.