An Overview of the POSH Act, 2013

Introduction 

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013, commonly known as the POSH Act, is landmark legislation designed to protect women from sexual harassment in the workplace. This Act emerged after decades of advocacy by women's organizations and rights activists in India's patriarchal society. 

The catalyst for this legislation was the 1992 Bhanwari Devi gang rape case. Bhanwari Devi, a social worker with the Haryana government, was gang-raped while working to prevent child marriage. Following the accused's acquittal, NGOs filed a writ petition in the Supreme Court in 1997, seeking protection of women's fundamental rights under Articles 14, 19, and 21 of the Indian Constitution. The Court issued the Vishakha guidelines to address this legal gap, but it took 16 years for the POSH Act to be enacted in 2013.

The POSH Act 

• The Act provides a comprehensive framework for addressing workplace sexual harassment. It recognizes that such harassment often serves to assert power rather than merely expressing sexual desire, significantly impacting women's emotional health and professional growth. 
• Definition of Sexual Harassment (Section 2(n)): 
  The Act defines sexual harassment as any unwelcome act or behavior of a sexual nature—verbal, physical, or visual—including: 
  • Unwelcome physical contact and advances 
  • Demand or request for sexual favors 
  • Sexually colored remarks 
  • Showing pornography 
  • Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature 
• Scope (Section 2(o)): 
  The Act covers all government and private workplaces, regardless of size or location. 
• Circumstances Constituting Sexual Harassment (Section 3): 
• The following circumstances may constitute sexual harassment when related to sexual behavior: 
  • Implied or express promises of preferential treatment 
  • Threats of detrimental treatment 
  • Threats about employment status 
  • Interference with work 
  • Creating an intimidating, offensive, or hostile work environment 
  • Humiliating treatment likely to affect health or safety

Objectives of the POSH Act 

• Prevention: Create awareness and establish mechanisms to prevent sexual harassment. 
• Prohibition: Legally prohibit all forms of workplace harassment. 
• Redressal: Provide effective time-bound grievance redressal mechanism. 
• Protection: Safeguard women's constitutional rights to equality and dignity. 
• Confidence Building: Give female employees confidence in protection mechanisms. 
• Creating Safe Workplaces: Foster harassment-free work environments. 
• Speedy Justice: Reduce judicial workload through efficient complaint resolution.

Conclusion 

The POSH Act 2013 represents a significant milestone in protecting women's workplace rights after decades of struggle by women's groups and advocates. It provides comprehensive provisions with clear definitions, robust redressal mechanisms, and stringent penalties for non-compliance.