request for sexual favors or other unwelcome conduct of a sexual nature
which makes a person feel offended, humiliated, and/or intimidated, where
a reasonable person would anticipate that reaction in the circumstances.
We have something for the redressal and the prevention of these hasty acts at the workplace and we have someone to stand by our side.
Posh Act (Protection of Women from Sexual Harassment Act, 2013)
What is PoSH: The PoSH Act has been implemented to prevent and protect women from sexual harassment at the workplace and thereby ensure a safe working environment for women.
When: In wake of the Supreme Court judgment in the case of Vishaka & Ors. vs. State of Rajasthan & Ors. (1997), the Ministry of Women and Child Development (“Ministry”), after several years, vide a Notification dated December 9, 2013, passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”).
How it works:
1)The Act defines sexual harassment at the workplace and creates a mechanism for redressal of complaints and safeguards against false or malicious charges.
2) Every employer is required to constitute an #InternalComplaintsCommittee(ICC) at each office or branch with 10 or more employees.
3)The Complaints Committees have the powers of civil courts and are required to provide for conciliation before initiating an inquiry if requested by the complainant.
4) Penalties have been prescribed for employers for non-compliance with the provisions of the Act.
5) The State Government will notify the District Officer in every district, who will constitute a Local Complaints Committee (LCC) to enable women in the unorganized sector or small establishments to work in an environment free of sexual harassment.
What is ‘Sexual Harassment under the Act
section 2(n) of the Act defines sexual harassment to include the following unwelcome acts:
* Physical contact and sexual advances.
* A demand or request for sexual favors.
* Making sexually colored remarks.
* Showing pornography.
* Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Composition of the ICC
An ICC constituted by an organization should have a minimum of 4 (four) members including an external member and at least one-half of the ICC members should be women.
