21 Mar 2022 POSH (Prevention of Sexual Harassment) Act
POSH (Prevention of Sexual Harassment) Act – Today Current Affairs
- The Kerala High Court has ordered the organizations associated with the film industry to comply with the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013’. To take steps to set up a ‘Joint Committee’ to deal with cases related to sexual harassment.
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Do you know about ‘Visakha Guidelines’?
- The legally binding ‘Vishaka Guidelines’ were laid down by the Supreme Court in a judgment pronounced in the year 1997. The verdict by the apex court was delivered in a case filed by women’s rights groups, one of these petitioner women was named Vishakha.
- These guidelines define ‘Sexual Harassment’ and set three major responsibilities for institutions – prevention, prohibition and redressal. The Hindu Analysis.
- Supreme Court directs institutions to constitute a complaints committee to inquire into cases of sexual harassment of women at workplace.
- These guidelines were further expanded under the 2013 Act.
About the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
- Passed by Parliament in 2013, this law against sexual harassment is commonly known as the ‘Prevention of Sexual Harassment Act’ or POSH Act.
Definition of sexual harassment: The Hindu Analysis
- The ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act’, 2013 defines ‘sexual harassment’ as follows:
“Sexual or sexual harassment includes any one or more of the following undesirable acts or practices, whether directly or implicitly:
- Physical contact and advances; or
- A demand or request for sexual favors; or
- Sexually colored remarks; or
- Showing pornography; or
- Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
Main provisions of the Act: The Hindu Analysis
- The Act lays down procedures for complaints and investigations and action to be taken.
- It mandates every employer to constitute an ‘Internal Complaints Committee (ICC)’ in every office or branch having 10 or more employees.
- The Act lays down procedures and defines various aspects of sexual harassment.
- “Woman accused of being the victim of any act of sexual harassment” can be of any age, whether employed or not. That is, under the Act, the rights of all women working, or visiting, any workplace are protected in any form.
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Strict provisions needed:
- In the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act’, 2013, the ‘Internal Complaints Committee’ (ICC) has been given the powers of a civil court, but it has not been made clear that Whether or not the members should be of legal background. Since the ‘Internal Grievances Committee’ constitutes an important grievance redressal mechanism within the framework of the Act, this is a major drawback in view of this.
- The 2013 Act provides for a fine of only ₹50,000 on employers for not constituting an ‘Internal Complaints Committee’.
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