What is PoSH?

PoSH is the abbreviation commonly used for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and redressal) Act, 2013. The Act aims at protecting women against sexual harassment at workplace. It also lays the procedure to be followed for prevention and redressal of complaints of sexual harassment. The idea is to prevent the violation of fundamental rights of a woman, hinting at equality under Articles 14 and 15 of the Constitution of India and safeguarding her right to live with dignity. PoSH services include training and compliance for the workplaces which are covered under the PoSH Act.  

What is covered under the PoSH Act?

As discussed above, the PoSH Act makes it mandatory for the employer to provide a safe work environment for women at the workplace. All forms of sexual harassment, including physical, verbal and even non-verbal harassment are covered under the Act. PoSH services so provided through training explains in detail what kinds of acts and gestures are covered under the same. The term ‘employer’ includes any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate government or a local authority, head of the Department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit or other. It also covers any person responsible for the management, supervision and control of the workplace. It also covers the contractual jobs and dwelling houses pertaining to domestic workers. 

What is the procedure for PoSH?

Section 4 of the PoSH Act requires the Constitution of an Internal Complaints Committee at the workplace. The said Committee consists of a woman Presiding Officer, not less than 2 members amongst the employees (preferably committed to the cause of women or having experience in social work or having legal knowledge), and one member from amongst non-governmental organisations or associations. Compliance through PoSH services helps with the constitution of such a committee. 

Complaint of Sexual Harassment

Any woman aggrieved of sexual harassment at workplace makes a complaint in writing to the Internal Committee. It may be noted that the PoSH services for training and compliance does not await the complaint of sexual harassment. PoSH service is a prior requisite at a workplace covered under the Act. The Internal Committee, before initiating an inquiry, may at the request of the aggrieved woman, take steps to settle the matter between the complainant woman and the respondent through conciliation. The Act expressly prohibits any monetary settlement out of conciliation. Once inquiry is made into the complaint following the service rules applicable to the respondent. 

In case the Committee concludes that the allegations were not proved, no action may be taken. However, if the allegations are proved, the authorities concerned may proceed as per the service rules and take action accordingly. The consequences may include deduction from the salary or wages, or payment of the sum referred in case of cessation of service. The Act also provides for punishment for false/malicious complaints and false evidence, so as to protect the interests of other stakeholders.