Increasing incidents of sexual harassment of working women in all sectors in India created the necessity of the Government’s intervention to help in creating a safe work environment for women.

The Supreme Court in the case of Vishaka and Others v. State of Rajasthan and Others (1997 (7) SCC 323), had laid down “Vishakha Guidelines” that had guidelines relating to sexual harassment of women till a historical piece of legislation was enacted by the government. Thus, was born The Sexual Harassment of Women at Workplace Act (Prevention, Prohibition, and Redressal hereinafter referred to as “POSH Act”) 2013.

POSH Act 2013 is India’s first codified legislation specifically formulated to deal with three specific purposes:

• Prevention,
• Prohibition, and
• Redressal

This women harassment Act came into force on December 9, 2013, and is legally binding on all employers and workplaces.

Foundation of the Act

This India Sexual Harassment Act is an extension of the Vishakha Guidelines issued by the Supreme Court in 1997 and its foundation lies in:

            1) Constitution of India: Article 14, 15 & 21

            2) UN Convention on the Elimination of All Forms of Discrimination against Women

            (CEDAW), July 9, 1993

Article 14 and 15 of the Constitution that guarantees Right to Equality, as well as Article 21(3) that ensures Right to live with dignity, are the rights of a woman that are greatly marginalized due to sexual harassment. With the implementation of this Act, the responsibility to provide a safe & secure work  environment to every female worker lies squarely on the employer.

Statutory Requirements under POSH Act

The POSH Act is binding on all and mandates that all Public and Private Sector Organizations in India comply with certain statutory requirements. The onus to ensure POSH at work for women lies on the employers and managements and for this, they are directed to:

• Form an Internal Complaints Committee,
• Provide Periodic POSH Training on Sexual Harassment law, and
• Develop an effective Complaint lodging and Redressal Policy.

Know All about the Internal Complaints Committee

Under Section 4 of the POSH Act at all workplaces with 10 or more employees, the employer

must form an Internal Complaints Committee (ICC). This is an obligation that must be

adhered to by public and private organizations.

This initial in-house body plays the most important role in ensuring the smooth functioning of the provisions of the POSH Law and also towards the fulfilment of its objectives. An aggrieved woman has to approach the ICC to file a complaint relating to sexual harassment. After receiving the complaint from the aggrieved woman, the Committee inquiries into the matter and accordingly makes recommendations.

The Internal Complaints Committee’s major functions entail:

• Forceful implementation of the policies relating to the prevention of sexual harassment,
• Strive to resolve complaints by the aggrieved complainant, and
• Henceforth, recommend actions to be taken by the employer.

POSH Cell Vision

• To foster a safe, inclusive, and respectful environment, free from sexual harassment, where every individual can work, learn, and grow with dignity and equality.

POSH Cell Mission

• To promote awareness about sexual harassment and the rights of individuals.

• To implement and enforce policies ensuring zero tolerance towards harassment.

• To provide a confidential, impartial, and effective redressal mechanism for complaints.

• To create a gender-sensitive and inclusive organizational culture through continuous education and sensitization.

POSH Cell Roles

• Confidentiality: All complaints and proceedings must be handled with strict confidentiality.

• Timely Redressal: Complaints must be acknowledged and resolved within the stipulated time as per legal guidelines.

• Non-retaliation: Protection against any retaliation or victimization for filing complaints.

• Fair Hearing: Both complainant and respondent must be given a fair and unbiased opportunity to be heard.

• Awareness and Training: Regular workshops and seminars must be conducted to educate employees/students about POSH policies.

• Compliance: All procedures must comply with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

POSH Cell Responsibilities

• Complaint Handling: Receive, investigate, and resolve complaints related to sexual harassment.

• Sensitization Programs: Organize orientation programs, workshops, and training for all members of the organization.

• Policy Formation and Review: Frame, update, and disseminate the anti-sexual harassment policy.

• Advisory Role: Advise the organization on preventive steps and corrective actions.

• Reporting: Submit annual reports on the number of cases filed, disposed of, and actions taken to the appropriate authority.

• Support to Victims: Provide counseling, support, and, if needed, recommend disciplinary action against offenders.

UGC and AICTE Guidelines for Women harassment at Workplace

Women harassment refers to any unwelcome or offensive behavior, verbal or physical,

directed towards women based on their gender. It involves actions that intimidate, degrade, or violate the rights of women, causing them to feel unsafe, uncomfortable, or violated. Women harassment can occur in various settings, such as the workplace, educational institutions, public spaces, or online platforms. Women harassment at the workplace can occur in various forms, and it is important to recognize and address each type. Here are some common types of women harassment that can be experienced in the workplace:

Sexual Harassment: Sexual harassment involves unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal, or physical conduct of a sexual nature. It can include comments, jokes, gestures, unwelcome touching, sexual innuendos, displaying explicit materials, or any other behavior that creates a hostile or offensive work environment.

Verbal Harassment: Verbal harassment refers to the use of derogatory, offensive, or demeaning language towards a woman in the workplace. It may include insults, slurs, offensive jokes, name-calling, or threats that undermine her dignity and create a hostile environment.

Physical Harassment: Physical harassment involves unwanted physical contact or actions that are intended to harm, intimidate, or make a woman uncomfortable. It can include touching, pinching, groping, assault, or any other form of non-consensual physical contact.

 Psychological or Emotional Harassment: Psychological or emotional harassment, also

known as emotional abuse, involves persistent patterns of behavior that inflict mental or emotional harm on a woman. It can include constant criticism, humiliation, intimidation, threats, manipulation, or isolation, which can adversely affect her wellbeing and performance at work.

Cyber Harassment: With the rise of technology, cyber harassment has become a significant concern. It involves the use of electronic communication channels to harass, threaten, or intimidate a woman. This can include sending explicit or threatening messages, spreading rumors, sharing private information without consent, online stalking, or any other form of harassment carried out through digital means.

Discriminatory Harassment: Discriminatory harassment occurs when a woman is targeted based on her gender, race, ethnicity, religion, disability, or any other protected characteristic. It can include unfair treatment, exclusion, differential work assignments, or creating a hostile environment based on these factors.

Retaliation: Retaliation is a form of harassment that occurs when a woman faces adverse actions or treatment as a result of reporting harassment or participating in investigations. It can include negative performance reviews, demotion, denial of opportunities, or any other action aimed at punishing or discouraging her for seeking help.

It is important to note that these types of harassment can intersect and overlap, and an

individual may experience multiple forms simultaneously. Creating awareness, implementing preventive measures, and fostering a culture of respect and equality are essential in preventing and addressing all forms of women harassment at the workplace.