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Introduction
The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH
Act, was enacted to create safe, respectful, and equitable workplaces for
women across India. The legislation provides a comprehensive framework to prevent,
prohibit, and address sexual harassment at the workplace. Its objective is
not only to protect women from harassment but also to ensure that organizations
develop a culture of accountability, fairness, and support.
Under the POSH Act, all employees have the right to
report any incident of sexual harassment, and employers are legally obligated
to take action, provide assistance, and maintain a safe environment. Central to
this law is the establishment of an Internal Complaints Committee (ICC) in
workplaces with ten or more employees. This committee plays a crucial role in
addressing complaints, conducting inquiries, and ensuring justice for the
aggrieved.
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Complaint Mechanism under the POSH Act
The POSH Act provides a clear and accessible complaint
mechanism for victims of sexual harassment.
Who Can File a Complaint:
As per section 9 of Prevention of Sexual Harassment at workplaces, Any woman
who has experienced harassment can directly lodge a complaint with the ICC. In
addition, the Act allows close relatives, friends, co-workers, or professionals
such as psychologists, psychiatrists, and special educators to file a complaint
on behalf of the aggrieved woman.
Remarkably, the law also permits a
complaint to be submitted even after the death of the complainant, ensuring
that justice can still be sought in the absence of the victim.
Complaint Process:
- The complainant must submit six
copies of the complaint with supporting documents.
- The complaint should be filed within
3 months of the incident.
- The ICC can extend the time by
another 3 months, if there are valid reasons that prevented timely
submission.
- For those who are unable to write the
complaint themselves, the ICC or Local Complaints Committee (LCC) is
mandated to provide full assistance in preparing the written complaint.
This ensures that procedural barriers do not prevent victims from seeking
redressal.
💡 Tip:
Always keep copies of documents and evidence to support your complaint.
To formally initiate the complaint process, the
complainant must submit six copies of the complaint along with supporting
documents to the ICC. The law prescribes a time limit of three months from the
date of the incident for filing a complaint. However, the ICC has the
discretion to extend this period by an additional three months,
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Appeal Process under section 18 of the POSH Act
Even after an inquiry by the ICC or LCC, the aggrieved
woman retains the right to appeal if she is dissatisfied with the judgment or
recommendations.
· Appeal
should follow service rules of the organization.
· If
service rules are absent, appeal can be filed in Labour Court.
· Must
file the appeal within 90 days of the ICC/LCC recommendation or
judgment.
By
allowing this recourse, the Act ensures that the interests of the complainant
are safeguarded and that there is an additional layer of accountability in the
complaint resolution process.
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Penalties and Compensation under the POSH Act
Employer Obligations and Penalties
Section 26 of the POSH Act, 2013 lays down that any employer who fails to comply with the provisions of the Act.
Employers
who fail to comply with the POSH Act, particularly in constituting an ICC,
are subject to legal penalties. Not forming an ICC constitutes a non-cognizable
offense, and the employer may be fined up to ₹50,000 for the first
offense. Repeated failure to comply can lead to more severe consequences,
including cancellation of business licenses, registrations, or approvals,
thereby highlighting the serious nature of employer responsibility under the
law.
Penalties for the Perpetrator
The POSH
Act distinguishes between major and minor penalties for the perpetrator of
harassment.
Major Penalties:
· Demotion
or reduction in rank
· Salary
deduction as compensation to the complainant
· Suspension
for a specified period
· Compulsory
retirement
· Termination
or removal from service
Minor Penalties:
· Formal
censure (statement of disapproval)
· Written
apology
· Warning
· Withholding
promotion, increment, or appraisal
· Counselling
or community service
Criminal Offenses
In
addition, if the harassment incident involves a criminal act, the perpetrator
may be prosecuted under relevant Bharatiya Nyaya Sanhita 2023 sections such as
74, 75, 76, 77, 78, or 79, depending on the severity and nature of the
misconduct.
Compensation for the Aggrieved Woman (Section 15 of the POSH Act)
The ICC or LCC is empowered to recommend financial
compensation to the aggrieved woman for the mental trauma, emotional distress,
loss of career opportunities, or financial setback caused by harassment.
Compensation may be paid as a lump sum or in
installments, based on the circumstances and impact of the incident. This
provision ensures that victims are not only recognized, but also supported in
recovering from the consequences of harassment.
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Conclusion
The POSH Act, 2013 is a critical legislation that goes
beyond mere compliance. It emphasizes the creation of safe, respectful, and
inclusive workplaces. Employers are legally and morally obligated to establish
ICC's, facilitate complaints, conduct inquiries, and implement preventive
measures. Employees, in turn, must be aware of their rights and the mechanisms
available to report harassment.
Adhering to the POSH
Act not only helps organizations avoid penalties and legal complications but
also fosters a culture of trust, accountability, and gender sensitivity.
