Sexual harassment is a violation of a woman’s fundamental rights to equality under Indian Constitutional
Articles 14 and 15, to live in dignity under Article 21, to engage in any vocation or conduct any trade or
business, including the right to a secure environment free from sexual harassment.
The Posh Act has been put into effect to safeguard women’s workplace safety by preventing and
combating sexual harassment of employees.
According to the Posh Act, any employer with more than ten employees must set up an internal
complaints committee (ICC) in the appropriate way to receive and manage complaints of any kind of
sexual harassment from women in a prompt and highly confidential manner. The POSH Act is not
gender-neutral; a woman must be the person to make a complaint.
In 2013, the Government of India introduced the Sexual Harassment of Women at Workplace
(Prevention, Prohibition & Redressal) Act, 2013, which was inspired by the Supreme Court’s decision in
the Vishaka case which established standards for working women and introduced the term “sexual
harassment” in 1997 regardless of whether they work for the government or in the private sector. As a
result of the terrible catastrophe on December 16th,
The Nirbhaya tragedy, which occurred in 2012, increased public demand for reforms to the criminal
justice system. The Sexual Harassment Act of 2013 was also passed, both of which are gender-specific
amendments to the legislation. In fact, there was no consolidated law, thus it was required.
The Vishakha decision just offered suggestions. Employers did not create any legal obligations, but this
act imposed a legal obligation on them to establish internal committees and adhere to the rules in their
organizations; otherwise, they risked a fine of Rs. 50,000, a doubled fine for subsequent offences, and
the loss of the license or registration required by the government or local authority to conduct their
business or activity.
UNDER THE ACT, WHAT CONSTITUTES “SEXUAL
HARASSMENT”?
The following unwanted activities are included under Section 2(n) of the Act’s definition of sexual
harassment:
● Touch and advances toward sexual relations.
● A demand or plea for sexual favors.
● Making remarks with a sexual undertone, third.
● Displaying obscene content.
Any additional inappropriate physical, verbal, or nonverbal sexual behavior.
If the lady exhibits discomfort during the performance of these actions or refuses to provide her
consent, they may be regarded as unwanted. In addition, if any of the following situations are
connected to any of the above acts or behaviors, they may constitute sexual harassment.
● An assurance—expresses or implied—that one will be given favorable treatment at work.
● The implicit or explicit threat of receiving unfavorable treatment at work.
● An implicit or overt threat regarding one’s current or future work status.
● Interfering with work or making a hostile, insulting, or intimidator workplace.
● Humiliating treatment that could be dangerous or detrimental to health.
WHO HAS TO FOLLOW THE RULES?
For the purposes of this Act, you are considered to be an employer if:
i. The head of any government or local authority office, branch, department, organization, endeavor,
establishment, or enterprise.
ii. The individual in charge of managing, overseeing, and controlling any workplace not covered by point
iii. The person or household that hires a domestic worker in a home or other domestic abode, whether
or not the domestic worker is hired on a full- or part-time basis, regardless of the tasks they are hired to
complete or the length of time they will be working there.
This raises the question of what constitutes a “workplace” under this Act. According to Section 2(o), a
“workplace” is any location that:
i. Any division, organization, undertaking, establishment, enterprise, institution, office,
branch, or unit that was founded, is owned by, is under the control of, or is funded by the
government, a local government (such as a municipal corporation), a government
corporation, or a government-run cooperative society.
ii. Any business, professional, trade, academic, entertainment, commercial, industrial,
financial, or health-related organization, endeavor, undertaking, enterprise, institution,
establishment, society, trust, NGO, or service provider.
iii. Hospitals and nursing homes.
iv. Sports facilities such as stadiums, arenas, sports complexes, and competition sites that can
be used for sports, training, or other related activities.
v. Every location a worker visits as a result of work-related activities. This covers any
transportation services offered by the company when going to a certain location.
vi. Any business, generally considered to be a part of the unorganized sector that is operated
by people or independent contractors and involved in the production or sale of goods or
services.
THE POSH ACT’S PROVISIONS:-
The Act establishes a definition of sexual harassment at work, a procedure for handling complaints, and
protections against unfounded or malicious accusations.
At each office or branch with ten or more employees, every employer is obligated to establish an
Internal Complaints Committee (ICC).
The complaints committees have the same authority as civil courts and, upon the complainant’s request,
must provide conciliation before opening an inquiry.
Employers who fail to comply with the Act’s requirements are subject to penalties.
In order to provide women working in the unorganized sector or small businesses with a sexual
harassment-free workplace, the State Government will inform the District Officer in each district to form
a Local Complaints Committee (LCC).
Being a member of an ICC sends a strong message that the business is fully committed to working to
ensure the safety of women. However, it is crucial to remember that the PoSH Act makes the creation of
an ICC a necessity, and failing to comply with this obligation can result in severe penalties, including the
loss of the right to operate a business.
CREDIBLE COURSES PROVIDED BY PROVIDERS FOR POSH
ACT:
1) Posh at work :-
As an employer, you are accountable for the security of the staff you hire. Each employee
deserves respect and should not be subjected to sexual harassment, regardless of their
position—whether they are a manager or a trainee.
Sexual harassment prevention (POSH) In an effort to create a secure, empowering, and fulfilling
work environment, training has been introduced as a key tool for raising awareness among
employees and coworkers.
● For employers and management, posh at work offers a one-hour course.
● It offers interactive sessions to inform and empower staff members about their
responsibilities under the Law against Sexual Harassment as well as their rights under that
Law. As each individual within a group has a right to be aware of their legal obligations.
● This program features quizzes, polling, case studies, real-world examples, and videos for
learning. Sessions will be customized based on your organization’s needs.
● They inform management and the employer about the provisions of the law and the
penalties, as well as the ways and reasons why employers should put an emphasis on
adhering to it and fostering a healthy work environment.
● They also talk about their responsibilities as creators, architects, and stewards of their
organization’s code of conduct, values, and vision and mission statements.
● This course lasts for one to two hours, and the cost to enroll in it ranges from Rs.
25,000 and above depending on the organization and the courses they want to offer their
members. The batch can be upto 100 participants at once and must attend training at the
given time
2)ILMS Academy :-
Employee education of this nature is typically the responsibility of internal legal committees or HR
departments. HR specialists, managers, and attorneys in practice will all benefit greatly from this
training.
Posh training makes it apparent to staff members what behaviors constitute sexual harassment. To
encourage a courteous and secure workplace for employees, POSH training is essential. One
incident is all it takes to damage the company’s reputation and end the career of the accused
employee. Therefore, it is your responsibility to make sure that your staff is aware of the lines
separating appropriate and improper behavior at work.
ILMS Academy is a veteran in corporate trainings. Following are the details for PoSH certificate course from Institute of Legal and Management studies:
● Video Lectures: Additionally, there are audio/video lectures that cover the course material
and allow students to watch them whenever they want. This allows them to easily memorize
it.
● Podcast: Access to a podcast with case studies with real-world settings and examples.
● Course Duration: Duration of this course is 1 month
● Course Examination: The examination conducted for this course is a single examination.
● Benefits of ILMS Certification:
– Helps in gender sensitization at workplace
– This course also improves employability
– Prepared by Industry experts
– In this you will get to see innovative content
– It’s also Lifetime Access of course material for individuals
● Price: ILMS Academy provides you this course for Rs4500
