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LEGAL MODULE

What is POSH and Why do we need ?

Sexual Harassment of Women at workplace (Prevention, Prohibition & Redressal Act), 2013 also known as the “POSH Act” or “Workplace Harassment Law”. POSH is India‟s first legislation specifically dealing with the issue of sexual harassment at workplace. The POSH Act has been enacted with the objective of preventing sexual harassment of any woman at their workplace & it also ensures the effective redressal of complaints regarding sexual harassment.

The act aims to provide safe, secure & dignified working spaces for women and to safeguard their fundamental rights to equality, to life and dignity and to practise any profession/carry on any occupation, trade or business which includes a right to a safe working environment. The Act applies to both organized & unorganized sectors in India & it covers whole of India. The POSH Act also provides the circumstances under which an act may amount to sexual harassment. Broadly these include implied or explicit threat of harmful treatment or interference with work or creating an offensive/hostile work environment.

The need of this act is to maintain the dignity, equality for all the women in every possible aspect starting from their workplaces. The act also includes customers, clients that can complain regarding any sexual harassment at the workplace. Most of the surveys suggest that more than one third of women face some kind of sexual harassment at workplace and they refrain from complaining because of the fear of retaliation, embarrassment or being terminated from work. This affects work productivity and damages psychological & physical wellbeing of employees. Sexual harassment is a clear form of discrimination and should not be tolerated at any cost.

With India getting to its way in global market, it is more than necessary not just to establish the law but to implement in a uniform manner as well. With the world fighting with the global pandemic,

India should also take in account the virtual harassment cases & make strict laws in this regard as well. There is a need of dynamic approach to be adopted by widening the scope of the definition of workplace established under the act, where it should also include virtual offices as well as work from home. There is a need to set up anti-harassment policies & re-visit the procedures of prevention of sexual harassment to clearly address the issues.

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