In the year 1977, despite the absence of established safeguards for women, the Supreme Court acknowledged their importance in the case of Vishaka & Ors. vs. State of Rajasthan. As a result, several laws were subsequently established in India to prevent the sexual harassment of women.
One significant legislation is the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly referred to as the ‘PoSH Act.’ This Indian law was enacted to foster a safer work environment by preventing, prohibiting, and addressing instances of sexual harassment. The Ministry of Women and Child Development enforced this law nationwide in December 2013. Under this Act, sexual harassment is recognized as a violation of a woman’s fundamental rights, including equality, dignity, and the freedom to pursue any profession or occupation. By acknowledging the importance of safeguarding women’s well-being at work, the PoSH Act plays a vital role in promoting gender equality and protecting the rights of women.
PoSH Compliance
The scope of the POSH Act extends to cover companies, workplaces, facilities, or organizations with a workforce of ten or more individuals, regardless of their employment type (full-time, part-time, interns, or contract workers), industry, or location.
According to definition of workplace given under section 2, the PoSH Act applies to workplaces of all types, including government and private sector offices, factories, shops, and more. It is intended to protect women in the workplace from sexual harassment, regardless of their age, marital status, or position within the company. The policy also covers women who are indirectly associated with the company, such as contractors or service providers under its control and supervision. Its purpose is to provide comprehensive protection and support to all women in the workplace, regardless of their employment status or contractual arrangements.
This legislation outlines several essential measures that companies must implement to establish a conducive workplace environment for their female employees. These measures include:
- Formulating a policy aimed at preventing sexual harassment within the company.
- Establishing an Internal Complaints Committee (ICC) responsible for handling and resolving sexual harassment complaints.
- Conducting regular awareness programs to educate employees about their rights and responsibilities in creating a safe workplace.
- Preparing and submitting an annual POSH Compliance Report to ensure ongoing adherence to the Act’s requirements and guidelines.
By adhering to these prescribed measures, companies can proactively cultivate an environment that prioritizes the well-being and security of their female workforce, thereby fostering an inclusive and supportive workplace culture.
PoSH Policy
The PoSH policy encompasses the guidelines and procedures that Indian companies must follow to comply with the law. The PoSH Act mandates every company to establish an Internal Complaints Committee (ICC) responsible for investigating sexual harassment allegations. The policy outlines the composition, duties, and responsibilities of the ICC, as well as the procedures for handling and resolving complaints. It also sets specific timelines for conducting investigations and resolving cases related to sexual harassment.
Furthermore, the policy provides protection to women who report sexual harassment complaints, safeguarding them from any form of victimization or retaliation. In accordance with the PoSH Act of 2013, companies are also obligated to conduct regular awareness and training programs on sexual harassment prevention and ensure a safe and supportive workplace for all employees.
Non-compliance with the PoSH Act can result in legal and financial consequences for employers. Hence, it is crucial for companies to establish and enforce the PoSH policy, prioritizing employee protection and fostering a positive work environment.
Important clauses in a PoSH Policy
- Scope and Objective– The policy should start with a section that introduces its purpose, scope, and application. It should provide a comprehensive overview of the policy’s extent, including the types of employees (full-time, part-time, contract-based, interns) and workplace environments (offices, branches, remote locations) to which it pertains.
- Definitions- This clause of the policy should provide proper definitions of important terms like employer, workplace, employee, aggrieved woman, sexual harassment, etc. which is also in line with the definitions provided in the PoSH Act.
- Prohibition of Sexual Harassment– The policy should clearly state that the workplace has a zero-tolerance policy towards sexual harassment and that all forms of harassment will be met with appropriate disciplinary measures.
- Responsibility of the Employer– The policy should highlight the role of the employer in ensuring the prevention of sexual harassment at workplace and o diligently implement the PoSH policy in the company.
- Internal Complaints Committee– The policy should include information about the ICC’s composition, functions, and duties, as well as their training and the method for reporting complaints.
- Complaint Procedure– The policy should provide the process to submit a complaint to the ICC including the time limits. It should also mention the procedure for ICC to receive, investigate and decide upon the complaint accordingly.
- Confidentiality- The policy should emphasis on maintaining the confidentiality and privacy of those involved in the complaint procedure.
- Training and Awareness Program- The policy should encompass provisions regarding the implementation of routine awareness and training initiatives focused on preventing sexual harassment, guaranteeing that all employees are well-informed about their rights and obligations in this regard.
- Disciplinary Action- The policy should clearly mention what kinds of disciplinary action will be taken against employees for non-compliance with the PoSH policy.
To conclude, the implementation of a PoSH Policy in every company is the right step to take to ensure a safe and inclusive workplace for all employees, especially women. It is the fundamental right of every woman to be able to work in a dignified manner, without being exposed to harassment. Thus, having a PoSH policy can empower employees, promote equality, and ultimately lead to the overall success and well-being of a company.
Author: Indra Priyadarshini, Origiin IP Solutions LLP
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