POSH Act – Overview
POSH stands for Prevention of Sexual Harassment and refers to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, an Indian law aimed at preventing and addressing sexual harassment faced by women in the workplace. The Act mandates employers to create a safe and secure working environment through the implementation of policies, awareness and training programs, and effective complaint redressal mechanisms.
Internal Complaints Committee (ICC)
Under the POSH Act, the Internal Complaints Committee (ICC) is a mandatory body in organizations employing 10 or more employees. The ICC is responsible for receiving, investigating, and resolving complaints of sexual harassment in a fair, timely, and confidential manner. It must consist of a senior woman employee as the Presiding Officer, at least two other employees committed to women’s causes, and one external member from an NGO or a legal professional experienced in issues related to sexual harassment.
Provisions of the POSH Act
The POSH Act broadly defines sexual harassment to include unwelcome physical contact or advances, demands for sexual favors, sexually colored remarks, showing pornography, or any other unwelcome conduct of a sexual nature. Employers with 10 or more employees are required to constitute an ICC at every office or branch. The ICC must complete the inquiry within 90 days, maintain strict confidentiality, and submit its findings along with recommendations to the employer for appropriate action, such as disciplinary measures or compensation. Failure to constitute an ICC can result in penalties of up to ₹50,000, with repeated violations potentially leading to cancellation of business licenses.
Significance of the POSH Act and ICC
The significance of the POSH Act and the ICC lies in ensuring a safe, dignified, and harassment-free workplace, particularly for women. The Act provides a legal framework to prevent, prohibit, and redress sexual harassment, while the ICC serves as the central mechanism for addressing complaints through fair inquiry and corrective action. Together, they promote gender equality, safeguard employees’ rights, ensure confidentiality and due process, and foster a culture of accountability, trust, and respect within organizations.
MBH/PS