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POSH became law on December 9, 2013. The act was enacted to guarantee women's workplace safety. It guards women against workplace sexual harassment. Inappropriate behavior not just disregards the basic right of a lady to uniformity cherished under articles 14 and 15 of the constitution yet additionally disregards the option to live poise and right to rehearse any calling or to continue any occupation or business which is likewise ensured under Article 21 and Article 19 separately.

In addition, international conventions like the Convention on the Limitation of All Forms of Discrimination Against Women recognize the fundamental human rights of the right to work in dignity and the protection of women from sexual harassment. Naturally, the Indian government has also corrected it.

Definition Of Sexual Harassment In The Act

Section 2(n) of the act defines sexual harassment. It includes any one or more of the following:

• Uninvited physical contact and advances
• Making demand for sexual favours
• Making sexually covered remarks
• Showing pornography
• Any other unwelcome behaviour whether it's physical, verbal or non-verbal.

OBJECTIVE

The principal objective of the lewd behavior demonstration of 2013 is to safeguard ladies from inappropriate behavior and make it a more secure spot for them. Women's rights to life, liberty, and equality are violated when sexual harassment occurs in the workplace. It creates hostile work environments that make it difficult for women to participate in the workforce. This has a negative impact on women's economic and social empowerment as well as the goal of inclusive growth.

    VISHAKA VS STATE OF RAJASTHAN

It is a landmark case that deals with the evil of sexual harassment of female employees at the workplace.

Ø  The case's brief facts are as follows:

In the village of Rajasthan, a Dalit woman named Bhanwari Devi worked as a social worker. She collaborated with the Rajasthan government to prevent child marriages in the village. She somehow prevented the Gurjar community man's daughter, Ram Karan, from getting married. The girl hadn't even turned one yet. Subsequently, Bhanwari Devi and her family were boycotted by residents and following a couple of months, the dad of the kid alongside the other four men fiercely assaulted her.

Not just this, the cops as opposed to aiding her attempted nearly everything to not stop the FIR for the situation which brought about a postponed examination. Additionally, the medical examination was not completed on time. It was postponed for 52 hours. Additionally, the specialist referenced nothing about the commission of assault in the report yet rather referenced the age of the person in question.

As a result, the trial court found the accused not guilty because there was not enough evidence to convict them. Notwithstanding, the high court sentenced the blamed individuals for attack whose discipline is considerably less than the wrongdoing of assault.

The verdict caused widespread outrage, which resulted in a series of demonstrations and demands for equality and justice. A women's rights organization known as Vishaka then filed a writ petition focusing on the enforcement of basic human rights and the fundamental rights of female employees at work under articles 14, 15, 19, and 21 of the Indian constitution.

It was a pivotal case that resulted in the Supreme Court issuing guidelines in this particular instance that served as the foundation for the act.

Guidelines: The Supreme Court ruled that it will be the company's responsibility to stop sexual harassment and come up with a way to settle and resolve it.

The court defined sexual harassment for the first time as there was no concrete definition of sexual harassment before this case. It included:

• Uninvited physical contact and advances
• Making demand for sexual favours
• Making sexually covered remarks
• Showing pornography
• Any other unwelcome behaviour whether it's physical, verbal or non-verbal.

Obligation Of Employer and Preventive Measures

To further paves the way for a safer workplace for women, all employers should take preventative measures and provide suitable working conditions for health, leisure, work, and hygiene.

As indicated by segment 19 of the demonstration, a business should hold up an objection where a ladies worker is dealt with is-suitably and it adds up to a specific offense under IPC or under some other regulation. While addressing the issue, the employer must also ensure that witnesses or victims are not further harmed.

Complaint Redressal Committee

According to SC's guidelines, every organization was obligated to form a committee to address the victim's issue. It was held that the said panel ought to be going by a lady just and a big part of its individuals ought to be ladies.

As a result, every business with more than ten employees is required by Section 4 of the Act to establish a confidential internal committee to investigate complaints of sexual harassment of women.

Initiative To Be Taken by Employees

It was held that workers should also be allowed to take a stand and raise questions related to sexual harassment at workers meetings and other appropriate forums.

Awareness About the Rights of Women Employees

By specifically notifying these guidelines, people should be made aware of the rights of female employees. The court also requested that central and state governments take measures, including legislation, to ensure that private sector employers adhere to these guidelines in this particular order.

As a result, the act now includes provisions requiring employers, district officers, and appropriate governments to organize awareness programs and collaborate with non-governmental organizations to raise public awareness.

Repercussions Of Not Complying with The Provision of The Act

The employer will be subject to a penalty of up to Rs 50,000 if he fails to abide by the act's provisions. Also, the reiteration of a similar offense would prompt the discipline being multiplied or the retraction of permits to operate. However, it is essential to point out that this act's offenses are all non-cognizable.

Area 13 and 15 of the demonstration manages the arrangements for giving pay and the premise of assurance on which the pay would be given.

Cognizance Of The Offence By Court

According to section 27(1), upon receipt of a complaint from the aggrieved party or any person authorized by the ICC or the LCC, the court may take cognizance of the offense. The offense that is punishable by this act will not be tried by a court that is lower than that of a metropolitan magistrate or a judicial magistrate of the first class (section 27(2)). However, it is essential to point out that this act's offenses are all non-cognizable.

The judgment cleared a way for ladies' security and insurance at work. India passed its first law specifically addressing workplace sexual harassment after sixteen years. The Sexual Harassment of Women in the Workplace Prevention, Prohibition, and Redress Act of 2013 became its name. In one way or another, the act included the guidelines mentioned in the judgment.