INTRODUCTION
The POSH Act is called the Protection of Women from Sexual Harassment Act. It was enacted in 2013, which recognized sexual harassment as an offence for the first time. This Act defines what constitutes sexual harassment, setting up of Internal Complaint Committee and Local Committee, punishments when not complying with this Act and so on. Basically, this Act’s objective is to provide a safe working environment so that women can work with dignity and equality. The woman identity who files the complaint is kept confidential so that the identity and information can be given the utmost priority and women can be encouraged to file such complaints.
In this article, Team YLCC highlights some of the important provisions of the POSH Act which is useful for acing Competitive exams. Read on!
- SECTION 3 – PREVENTION OF SEXUAL HARASSMENT
This Section states that no woman should suffer from sexual harassment in any kind of workplace. Basically, through this Section, the scope of the definition of sexual harassment is widened.
- SECTION 4 – CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE
This Section sets the grounds for the constitution of the Internal Complaint Committee. The employer is bound by this section to form Internal Complaint Committee in writing. It further states that the committee head should be a presiding officer who has to be the senior-level woman in the workplace. It is pertinent to note that at least 50% of this committee has to be women. The presiding officer can hold the office for a tenure of only three years from the date of appointment.
- SECTION 6 – CONSTITUTION AND JURISDICTION OF LOCAL COMMITTEE
As per this Section, the District Officer is duty-bound to form a Local Committee in the district concerned to receive complaints of sexual harassment in those situations where no Internal Complaint Committee is set up due to fewer employees. The officer has to assign one nodal officer who will be responsible to forward such harassment complaints to the Local Committee within seven days.
- SECTION 7-COMPOSITION, TENURE, AND OTHER TERMS AND CONDITIONS OF LOCAL COMMITTEE
This Section deals with the composition, tenure, and other terms and conditions of the Local Committee. As per this Section the district officer has to nominate a chairperson whose tenure is up to three years, one member must be nominated from among the women who is working in the district’s block, taluka, tehsil, ward, or municipality, and two Members out of which at least one has to be a woman has to be appointed from such organizations where they are working for sexual harassment. There are several other restrictions related to appointments dealt in this Section.
- SECTION 9 – COMPLAINT OF SEXUAL HARASSMENT
This Section lays emphasis on who and how a complaint can be filed. As per this Section, the complaint has to be filed in writing by women. If due to some reason she is unable to write the complaint then the presiding officer has to give reasonable assistance to the aggrieved woman to make the complaint in writing. The complaint has to be filed within three months of the last incident that occurred.
- SECTION 12-ACTION DURING PENDENCY OF INQUIRY.
As per this Section, during the pendency of inquiry, the Local Committee or the Internal Committee may recommend the employer to take certain actions for the aggrieved woman such as transfer of the woman or the respondent, granting leave to the aggrieved woman, or granting certain other relief as mentioned in this Section.
- SECTION 14 – PUNISHMENT FOR FALSE OR MALICIOUS COMPLAINTS AND FALSE EVIDENCE
When the Internal Complaint Committee or the Local Committee or District Officer comes to a conclusion that the woman has filed a false complaint with malicious intent or false evidence is provided against the respondent then the punishment can be granted as per the service rules of the employee’s contract or as per the manner prescribed in case service rules are not present.
- DETERMINATION OF COMPENSATION
As per this Section, there are certain circumstances that have to be kept in mind before finalizing the compensation to be paid to the aggrieved women such as the financial status of the respondent, distress suffered by aggrieved women, mode of payment, and similar other circumstances.
- SECTION 19 – DUTIES OF EMPLOYER
This section talks about the duties that an employer has to follow in the workplace. The duties as per the Act are providing a safe working environment, displaying the penalties of committing sexual harassment, organizing awareness and workshops inconsistent with the Act provisions, facilitating the Internal Complaint Committee and Local Committee as prescribed under the Act, Monitor reports of Internal Complaint Committee.
- SECTION 26 – PENALTY FOR NON-COMPLIANCE WITH PROVISIONS OF ACT
As per this Section, several penalties are discussed such as the employer have to pay 50000 Rupees fine if the Internal Complaint Committee is not set up. If the employer is convicted of the offense of sexual harassment for the second time then the punishment would be doubled that of what was imposed earlier.
YLCC would like to thank Anam Khan for her valuable insights in this article.
