What is POSH Act and How Does it Work?

When you are an ambitious professional, who loves working. But then things take a turn, and you start feeling uncomfortable due to your colleague's repeated unwelcome advances. Unsure of what to do or whom to approach, you felt trapped in silence, fearing retaliation or judgment. 

Sadly, these stories are common, but they must not be accepted and avoided. To address such situations and empower individuals, India introduced the Prevention of Sexual Harassment (POSH) Act in 2013. This law not only defines what constitutes sexual harassment but also mandates organizations to provide a safe and inclusive environment at workplace. 

In this blog, we’ll explore the POSH Act, its key provisions, and how it empowers women to stand up against workplace harassment. 

What is the POSH Act? 

The Prevention of Sexual Harassment (POSH) Act, 2013, is an important law that was enacted in India to protect women from sexual harassment in the workplace and ensure their safety. 

The POSH Act came into existence after the infamous Vishakha case.    The Vishakha case was a turning point for women's rights in India. It began after Bhanwari Devi, a social worker in Rajasthan, was brutally gang-raped for trying to stop a child marriage. At the time, there were no clear laws to protect women from sexual harassment at work. 

In 1997, the Supreme Court stepped in and created rules, called the Vishakha Guidelines, to make workplaces safer for women. These guidelines required employers to prevent harassment and set up complaint systems to address such issues. 

This case didn’t just bring attention to Bhanwari Devi’s courage—it also led to the creation of the POSH Act in 2013, ensuring women feel safe and respected at work. It was a big step toward fairness and dignity for women across the country. 

Nowadays considering the rise in harassment cases against men at workplace, organizations have started implementing this policy in a gender-neutral manner even though law only protects women. 

According to research conducted by Akshi Chawla (2024), “A decade of the POSH Act” Centre for Economic Data and Analysis (CEDA), Ashoka University.  sexual harassment cases have subsequently increased over the past decade. 

In FY 2013-14, the reported cases were just 161, and resolved cases were 109.  Whereas in FY 2022-23, reported cases were 1160 out of which 657 were resolved. There is a huge gap in the resolution of sexual harassment cases, especially after Covid-19. 

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Key Components of the POSH Act 

1. Definition of Sexual Harassment

The purpose of this act is to prevent any sort of Sexual Harassment in the workplace.   

In the POSH Act, Sexual Harassment includes any unwelcome acts such as physical contact and advances, a demand or request for sexual favors, making sexually colored remarks, showing pornography, or any other type of unwelcome physical, verbal, or non-verbal conduct of a sexual nature at workplace. 

2. Applicability

This Act applies to workplaces all over India. It includes government bodies, private companies, and non-governmental organizations. This is to ensure that female employees all over India are protected from being harassed within any organization.  

3. Internal Complaints Committee (ICC)

ICC is a body established under this act, for the purpose of resolving sexual harassment complaints at a workplace. Establishing an Internal Complaints Committee in an organization is mandatory as per this act. This Committee should consist of 5 members, where the number of women should be at least half or more than half of the total members in the Committee. The committee is responsible for addressing complaints of sexual harassment and conducting inquiries.  

4. Time Frame

A person can file a complaint within 3 months of the incident ensuring timely action.  

5. Consequences

The employee or employees found guilty of sexually harassing someone will have to face grave consequences like termination of employment or legal actions, depending on the gravity of the offence. 

Steps to File a Case under POSH Act 

1. Understanding the Definition of Sexual Harassment

The first step in filing a complaint is to determine if your situation falls under the definition of sexual harassment as outlined in the Act. 

2. Gather Required Evidence

You should collect all the required evidence to support your complaint. It includes all the emails, messages, photographs, or any such documents that can verify the harassment. Additionally, gather the details of witnesses who can support your claim.  

3. Report to Internal Complaints Committee (ICC)

Since every organization has ICC, you can easily report the harassment to them. They are responsible for conducting a fair inquiry.  

4. File the Complaint

You are required to prepare a written complaint in any form such as email, letter, etc. addressing the ICC.  

This complaint should have your name and contact information, details of the incident(s) such as dates, times, or locations along with the descriptions of the harasser and name of any witnesses present. 

You are required to submit the complaint within 3 months of the incident taking place. The complaint should be submitted to ICC members or the presiding officer. The complaint can also be filed by your colleagues or close family members. 

4. Attend the Inquiry

After filing the complaint, the ICC is responsible for conducting a formal inquiry. You have to attend the inquiry meetings, present all the necessary evidence, and answer all the questions asked by the committee.  

5. Committee’s Decision

Once the inquiry has been conducted, ICC will provide you with its findings and recommendations, which will be shared with you within 90 days of filing the complaint.  

6. Appeal

If you are not satisfied with the ICC’s decision, you have the right to appeal to the Appellate Court within 90 days of receiving the decision.    

Roles of ICC 

1. Conducting Inquiry

Once a complaint is received, the ICC has the duty to conduct a thorough and impartial inquiry into the complaint. This process should be fair and should ensure that both the complainant and the respondent have an opportunity to present their case.   

2. Maintaining Confidentiality

ICC is supposed to maintain confidentiality during and after the inquiry process.   

3. Report the Findings

ICC must prepare a report which includes details regarding the findings and recommendations. The report should be submitted to the employer. A copy of these findings should be given to both complainant and respondent.  

4. Awareness and Training

It is ICC’s responsibility to promote awareness regarding POSH in the workplace. It should organize training sessions to educate employees about their rights and the procedures regarding sexual harassment at workplace.  

5. Monitoring Implementation

It is the ICC’s role to monitor that the policy is implemented well. This will help in taking appropriate actions to be taken to prevent and resolve incidents of harassment. 

Rights Under the POSH Act During the Inquiry Process 

1. Right to File a Complaint

The aggrieved party has the right to file a complaint with the ICC without having any fears.  

2. Right to Confidentiality

The ICC is responsible for keeping the identity of the aggrieved and information of the harassment confidential and not disclosing it to anyone.   

3. Right to Representation

The aggrieved person has the right to be represented by a person of their choice during the inquiry. The person can be a colleague or family member and not an advocate. 

4. Right to Appeal

The aggrieved person has the right to appeal in the Appellate court if they are not satisfied with the findings of the ICC. Although there’s a limited time of 90 days to appeal further.  

5. Right to Protection Against Retaliation

The POSH Act protects the aggrieved person against any form of retaliation from the accused or the employer for filing a complaint. Any such action can lead to more penalties and punishments as per the Act. 

Conclusion 

The POSH Act is a powerful step toward creating safe and respectful workplaces, ensuring individuals can work with dignity and confidence.  

By clearly defining sexual harassment, outlining preventive measures, and enforcing strict guidelines through the Internal Complaints Committee, the Act empowers employees to voice their concerns without fear.  

For employers and employees alike, understanding and adhering to the POSH Act is essential for building a culture of inclusivity and respect.  

At DigiLawyerAI, you can ask further queries related to the POSH Act.