POSH Act: Workplace Safety and Respect
In recent years, workplace harassment and gender equality is increasing worldwide, and India is not exempted. A main topic addressing these issues in India is the Sexual Harassment of Women at Workplace Act, 2013, commonly known as the POSH Act. There are Many articles provide the overview of POSH Act. It was passed by Lok Sabha on September 03 2012. Rajya Sabha on February 26, 2013. This Act replaced the earlier Vishaka Guidelines for the Prevention of Sexual Harassment set by the Supreme Court of India. which highlighted the urgent need for legal protection against workplace sexual harassment.
Let us Understand POSH
Unwanted Physical Contact: Any unwanted physical contact such as touching, hugging, or other physical gestures of a sexual nature.
Sexual Advances: Proposals, or requests for sexual favours.
Sexual Remarks: Inappropriate comments, jokes, or conversations with a sexual means.
Displaying Sexual Content: Sharing or displaying sexually explicit material, be it in person or via digital means.
How to investigate the issue?
Internal Complaints Committee (ICC): Every organization with ten or more employees must form an Internal Complaints Committee to address complaints of sexual harassment. The committee should include a majority of women and an external member from an NGO or similar body. So that the women can easily address their problems to committee.
Local Complaints Committee (LCC): The LCC is required for organizations with fewer than ten employees, it is established by the district officer or a similar authority designated by the state government. Includes a chairperson appointed by the district officer, and members from various sectors, including a representative from a NGO or a legal expert, to ensure impartiality and expertise. They keep Confidentiality throughout the investigation.
As both the process conducts investigations into complaints, ensuring a fair and unbiased process. The employee can file the complaint with ICC within three months. ICC try to solve it in 90 days with proper investigation. If the accused is found guilty, the employer can take actions ranging from issuing warnings to termination, depending on the severity.
POSH act plays the vital role to make working environment safe and harassment free all over India. For that employers must add safety provisions, promote awareness, ensure that employees feel secure in reporting incidents.
It can be stopped by making a stand for ourselves and talking about it to your family member, friends, colleagues, or committee always try to gather as many as proof against this.
A FEARLESS WOMEN CAN NEVER BE DEFEATED.
