What is POSH and Why it is Important?

Discover the importance of POSH (Prevention of Sexual Harassment) Act in creating safe workplaces in India. Learn about the law's purpose, provisions, and how employees and employers can contribute.

Knewspaper
Jun 18, 2024
5 min read

Updated: Sep 20, 2024

POSH stands for Prevention of Sexual Harassment (at Workplace). It's a crucial law enacted by the Indian government in 2013 to protect employees from sexual harassment at work. This guide dives deep into the purpose, provisions, and importance of POSH, empowering you to understand your rights and contribute to a safe and respectful work environment in India.

Why is POSH Important?

Sexual harassment can be a traumatic experience, impacting an individual's physical and mental well-being, and ultimately, their work performance. POSH creates a legal framework to prevent such harassment and ensure a safe space for all employees, regardless of gender, caste, religion, or sexual orientation.

What Does POSH Consider Sexual Harassment?

POSH defines sexual harassment broadly, encompassing a range of unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature. Here are some specific examples:

Unwanted physical contact: This includes touching, grabbing, pinching, or any other physical advances.

Lewd comments or jokes: Sexual innuendos, suggestive remarks, or jokes about a person's body or appearance can be considered harassment.

Showing pornography: Displaying or circulating pornographic content in the workplace can be a form of sexual harassment.

Demands for sexual favours: This includes pressuring someone for sexual activity in exchange for a job benefit or to avoid negative consequences.

Creating a hostile work environment: Repeated unwelcome sexual advances or behaviours can create an intimidating or offensive work environment.

It's important to remember that even if the victim doesn't explicitly object to the behaviour, it can still be considered sexual harassment.

Who is Protected Under POSH?

POSH protects all employees in India, regardless of their employment status. This includes:

Regular employees
Contractual workers
Interns
Trainees
Apprentices
Consultants

POSH also protects employees from harassment by third parties, such as clients, customers, or vendors who may visit the workplace.

Who is Responsible for Implementing POSH?

The responsibility for implementing POSH falls on the employer. Here are some key actions employers must take:

Develop a POSH Policy: This policy should clearly define sexual harassment, outline the complaint process, and specify the composition of the Internal Complaints Committee (ICC). The policy should be displayed prominently in the workplace and communicated to all employees.

Form an Internal Complaints Committee (ICC): The ICC is a body responsible for investigating complaints of sexual harassment. The committee must have at least half of its members being women, and one member must be an external member from an NGO or a social work background.

Provide Training: Employers must organize training programs on POSH for all employees, including managers and supervisors. These training sessions should raise awareness about sexual harassment, explain the complaint process, and empower employees to understand their rights.

Conduct Inquiries: When a complaint is filed, the ICC must conduct a fair and impartial inquiry, following due process. Both the complainant and the respondent (accused person) have the right to be heard and present their case.

Take Action: Based on the inquiry findings, the ICC can recommend disciplinary action against the accused person, which may include termination of employment.

What Can You Do as an Employee?

Understand Your Rights: Familiarize yourself with the POSH Act and your rights as an employee.

Report Harassment: If you experience sexual harassment, report it immediately to the ICC or a designated officer in your organization.

Gather Evidence: If possible, document the details of the incident, including dates, times, and witnesses. Keep any emails, text messages, or other evidence related to the harassment.

Seek Support: Don't hesitate to seek support from friends, family, colleagues, or NGOs specializing in women's rights or workplace harassment.

Remember, you are not alone. There are resources available to help you navigate the complaint process and ensure your well-being.

The Importance of a Safe Workplace:

POSH is not just about legal compliance; it's about creating a work environment where everyone feels safe, respected, and valued. A workplace free from sexual harassment fosters better employee morale, productivity, and overall company culture.

Beyond POSH:

While POSH is a significant step towards creating a safe workplace, it's important to remember that creating a culture of respect requires ongoing efforts. Here are some additional steps organizations can take:

Promote Gender Equality: Implement policies and practices that promote gender equality in the workplace.

Encourage Open Communication: Foster an environment where employees feel comfortable reporting any concerns or issues.

Build Respectful Relationships: Encourage respectful interactions between colleagues.

Empowering Bystanders: Everyone's Role in Creating a POSH Work Environment

While POSH focuses on protecting victims and holding perpetrators accountable, bystanders also play a crucial role in creating a safe workplace. Here's how you can be an active bystander and contribute to a culture of respect:

Recognize Harassment: Educate yourself about the different forms of sexual harassment to identify inappropriate behavior.

Speak Up: If you witness sexual harassment, don't be a silent observer. Express discomfort or disapproval of the behavior in a safe and appropriate way.

Offer Support: If someone confides in you about experiencing harassment, offer them emotional support and encourage them to report the incident. Connect them with resources like the ICC or an NGO.

Challenge Inappropriate Jokes or Comments: Don't normalize or laugh along with sexist or inappropriate jokes. Challenge them politely and redirect the conversation.

Be an Ally: Show solidarity with colleagues who report harassment. This can help them feel less isolated and more empowered.

Remember, your intervention, no matter how small, can make a big difference.

Making POSH Work for Everyone:

While POSH is a comprehensive law, there are ongoing efforts to strengthen its implementation and address potential gaps. Here are some ongoing discussions:

Expanding Scope: Discussions are underway to potentially include online harassment within the purview of POSH. As workplaces increasingly move online, addressing virtual harassment becomes crucial.

Faster Resolution: Streamlining the complaint process and ensuring timely resolution of cases is an ongoing focus.

Training and Awareness: Continuous training for employers, employees, and ICC members is essential to ensure everyone understands their rights and responsibilities under POSH.

Looking Ahead: Building a Respectful Future

POSH has significantly improved workplace safety for employees in India. By understanding the law, your rights, and your responsibilities as an employee and bystander, you can contribute to a respectful and inclusive work environment. With ongoing efforts to strengthen the law and promote awareness, Indian workplaces can continue to evolve into safe spaces where everyone thrives.

Additional Resources:

Ministry of Women and Child Development, Government of India: https://wcd.nic.in/

National Commission for Women: http://ncw.nic.in/

NGOs specializing in women's rights and workplace harassment (Specific to your region)

Remember, a safe and respectful workplace benefits everyone. Let's work together to make POSH a success story for a more empowered and inclusive future of work in India!