We guide our employees about POSH law and ensure that they are following it throughout their tenure with our organization. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, enacted by the Government of India ( POSH Act 2013) makes safe workplace a woman’s legal right and all forms of sexual harassment at workplace, illegal.
All employees must read and adhere to the provisions to ensure their conduct in the workplace makes female employees feel comfortable.
The Government of India (Ministry of Corporate Affairs) has made it mandatory for every organization with female employees.
What is considered sexual harassment under the Act?
(1) Physical contact and advances;
(2) A demand or request for sexual favours;
(3) Making sexually coloured remarks;
(4) Showing pornography
(5) any other unwelcome physical, verbal or non-verbal conduct of sexual nature. constitutes sexual harassment.
Section 3 of the Act widens the scope of Sexual Harassment by stating that any of the following circumstances, related to sexual harassment, may also amount to Sexual Harassment. They are:
(1) Implied or explicit promise of preferential treatment in the victim’s employment;
(2) Implied or explicit threat of detrimental treatment in the victim’s employment;
(3) Implied or explicit threat about the victim’s present or future employment status;
(4) Interferes with the victim’s work or creating an intimidating or offensive or hostile work environment for her and
(5) Humiliating treatment likely to affect the victim’s health or safety.
Who Can File Complain Against Sexual Harassment?
Aggrieved Women Herself, or In case of physical incapacity
Her relative
Friend
Co worker
Officer of NCW or SCW
Any person who has knowledge of incident with the written consent of complainant
In case of mental incapacity
Her relative
Friend
Special educator
Qualified psychiatrist or psychologist
Guardian or authority under whose care she is receiving treatment or care
Any person who has knowledge of incident jointly with any person mentioned above
In case woman is unable to file complain for any other reason, by any person who has knowledge of incident with her written consent
In case of woman’s death by:
Any person who has knowledge of incident with the written consent of her legal heir
Legal Heir