The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
The POSH Act, 2013 provides protection against sexual harassment of women in the workplace. It mandates every employer to create a safe working environment.
Key Features: Internal Complaints Committee (ICC), Local Complaints Committee (LCC), time-bound inquiry, confidentiality protection.
What Constitutes Sexual Harassment?
- Physical contact and advances
- Demand or request for sexual favors
- Sexually colored remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature
- Implied or explicit promise of preferential treatment
- Threat of detrimental treatment
- Threat about present or future employment
- Interference with work or creating hostile work environment
Internal Complaints Committee (ICC)
- Every workplace with 10+ employees must constitute ICC
- Presiding Officer (woman employee at senior level)
- 2 members from among employees committed to women's causes
- 1 external member from NGO/legal background
How to File a Complaint
- Submit written complaint to ICC within 3 months of incident
- ICC may extend time by 3 months for valid reasons
- If complainant cannot write, ICC will provide assistance
- Anonymous complaints may be considered if ICC decides to investigate
Important: Confidentiality of parties and witnesses must be maintained. Anyone breaching confidentiality can be punished.
Inquiry Process
- ICC conducts inquiry within 90 days
- Both parties given opportunity to be heard
- ICC submits report to employer within 10 days of completing inquiry
Punishment for Employer
- Fine up to ₹50,000 for non-constitution of ICC
- Repeat offense: Fine doubled and cancellation of license
Appeal
Any aggrieved person can appeal to the Appellate Authority (Labour Commissioner or other designated authority) within 90 days of order.