POSH Act | Sexual Harassment of Women at Workplace | Prevention, Prohibition and Redressal

History of POSH Act:

Year	Event	Authority
2007	Draft guidelines approved	Union Cabinet
2010	Bill Presented	Lok Sabha
2012	Passed by	Lok Sabha
2013	Passed By	Rajya Sabha
2013	Received President’s Assent Approval	Published in Official Gazette

Objective of this Act:

Protection of women against sexual harassment at workplace and for the prevention and redressed of complaints of sexual harassment and for the troubles related.

Fundamental rights in Indian constitution:

Article 14 & 15 – equality on the grounds of religion, competition, caste, sex or place of birth or any one of them

Article 19 – Give fundamental rights to all citizens to practice any profession or to carry out any occupation, trade or business. This right accepts the availability of a permitting environment for women

Article 21 – Right to life and personal freedom, includes the right to live with self-respect and in case of women, it means that they must be treated with due respect and dignity at workplace

WHO CAN BE AN AGGRIEVED PERSON?

Anyone who is a Female Irrespective of age
Status (single, married or divorced)
Whether an employee of the organization
or an outsider

TYPES OF SEXUAL HARASSMENT:

Demand or request for Sexual Favors
Warning about employment status
Promise for Superior treatment
Harmful treatment
Shameful treatment which affects her health
Violent of aggressive environment
Physical Contact & Advances
Unwanted physical, verbal or non verbal conduct of sexual nature
Showing pornography
Making Sexually colored remarks

INTERNAL COMPLAINTS COMMITTEE (ICC):

Minimum 4 members required:

Presiding Officer (Must be Women)
One person from NGO committed to cause of women or familiar with issues relating to sexual harassment on allowance basis
Other Members
Employer with more than 10 employees in writing shall pass an order to make ICC at all branches & act on its approval
Atleast½ of the committee members shall be women

LOCAL COMPLAINTS COMMITTEE (LCC):

Structure of LCC (5 Members):

Must be 3 Women’s : 1.Chairperson Famous Social person working for the cause of Women 2.Working in the nearby area 3. Belonging to the Schedule Caste or Tribe or Backward Class
May or May not be Women : 4.Ex-Official Concerned officer Dealing with social welfare or women & child development in the area 5. Have law or legal knowledge

District Officer shall make LCC to receive complaints from:

WhereICChasnotbeensetduetolessthan10employeesintheorganisation
If complaint is against the employer
Nodal officer within 7 days

TENURE OF THE COMMITTEE MEMBERS

The Presiding Officer or the Chairperson And other members of ICC&LCC
shall hold office for such period not exceeding 3 years
from the date of appointment as prescribed by the Employer or the District Officer as the case may be.

PERIOD IN WHICH THE COMPLAINT NEEDS TO BE SET OFF

Within 3 months of the last instance Aggrieved shall give written complaint
Within 7 days the Committee shall send a copy of the complaint to the respondent
Within 10 Days from receipt of the complaint Respondent shall file a reply along with documents, name & address of the witnesses
Within reasonable time period the committee shall give the references
Within 90 Days An Appeal can be filed against the reference

NON COMPLIANCE OF THE ACT

Regulatory penalty of up to maximum of Rs.50,000/-may be imposed
Repetition of the same could result in penalty being doubled and/or
De-registration of the object or cancellation of any statutory business licences