(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 (“POSH”)

POSH came into force on 9th December 2013 and applies to all companies/organizations conducting business in India with more than 10 employees. Sexual harassment results in violation of the fundamental rights of a woman to equality, her right to life to live with dignity and right to practice her profession which includes a safe environment free from sexual harassment.

What is Sexual Harassment?

a) Any unwelcome sexually determined behavior, or pattern of conduct, that would cause discomfort and/or humiliate a person at whom the behavior or conduct was directed namely:-

i. Physical contact and advances

ii. Demand or request for sexual favours

iii. Sexually coloured remarks or remarks of a sexual nature about a person's clothing or body

iv. Showing pornography, making or posting sexual pranks, sexual teasing, sexual jokes, sexually demeaning or offensive pictures, cartoons or other materials through email, SMS, MMS etc.,

v. Repeatedly asking to socialize during off-duty hours or continued expressions of sexual interest against a person’s wishes

vi. Giving gifts or leaving objects that are sexually suggestive

vii. Eve teasing, innuendos and taunts, physical confinement against one’s will or any such act likely to intrude upon one’s privacy

viii. Persistent watching, following, contacting of a person

ix. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

b) The following circumstances if it occurs or is present in relation to any sexually determined act or behaviour amount to sexual harassment:

• Implied or explicit promise of preferential treatment in employment.

• Implied or explicit threat of detrimental treatment in employment

• Implied or explicit threat about the present or future employment status

• Interference with the person’s work or creating an intimidating or offensive or hostile work environment; or

• Humiliating treatment likely to affect her health or safety

What is POSH COMMITTEE?

As in line with Section 4 of POSH, each enterprise with 10 or more employees have to constitute an Internal Committee (IC). This Committee needs to include:

1. Presiding Officer: A woman employed at a senior level in the organization or workplace

2. At least 2 members from amongst employees, committed to the cause of women and or having legal knowledge •

3. One external member, familiar with the issues relating to sexual harassment •

4. At least one half of the total members must be women

It is thus vital to ensure that POSH is actually able to prevents the sexual harassment at the workplace.

There is a need for widespread awareness at workplace amongst the employer, employees, and other staff working within the Company.