The POSH Act: Promoting Safe Work Environments for Women
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act,
2013, popularly known as the POSH Act, was enacted to address the pervasive issue of sexual
harassment in workplaces across India. The legislation marks a crucial step in safeguarding
women’s dignity and fostering an inclusive work culture. Rooted in the principles established by
the Supreme Court in the landmark Vishaka v. State of Rajasthan case (1997), the POSH Act
aims to prevent harassment, prohibit such behavior, and establish mechanisms for redressal.
Comprehensive Coverage and Definition
The POSH Act provides a broad definition of sexual harassment, encompassing unwelcome
physical, verbal, or non-verbal conduct of a sexual nature. It explicitly identifies behaviors such
as physical advances, sexually colored remarks, demand for sexual favors, and showing
pornography. The Act also includes actions that create a hostile or intimidating work
environment, recognizing the indirect forms of harassment that women may face.
The Act applies to workplaces in both the organized and unorganized sectors, including
government offices, private companies, non-governmental organizations, educational
institutions, and homes employing domestic workers. Its protections extend not only to
employees but also to interns, trainees, volunteers, and visitors, reflecting the diverse
composition of modern workplaces.
Internal Complaints Committees (ICCs)
One of the cornerstone provisions of the POSH Act is the establishment of Internal Complaints
Committees (ICCs) in organizations with ten or more employees. These committees are
responsible for addressing complaints of sexual harassment and ensuring a fair inquiry process.
The ICC must be chaired by a senior woman employee and include members familiar with
gender-related issues, including an external member to ensure impartiality.
For workplaces with fewer than ten employees or cases involving the employer, Local
Complaints Committees (LCCs) are constituted at the district level. This provision ensures that
every woman, irrespective of her workplace's size, has access to a redressal mechanism.
Challenges in Implementation
Despite the robust framework provided by the POSH Act, its implementation has been
inconsistent. Many organizations fail to establish ICCs, either due to ignorance of legal
requirements or deliberate neglect. Lack of awareness among employees about their rights under
the Act further hampers its effectiveness.
Social and cultural stigmas also play a significant role in underreporting cases of sexual
harassment. Women often fear retaliation, judgment, or damage to their professional reputation,
which discourages them from coming forward. Additionally, procedural delays and lack of
confidentiality during inquiries can further erode trust in the redressal mechanism.
Addressing Concerns and Strengthening the Framework
While there are occasional concerns about the misuse of the POSH Act, such cases remain rare
compared to the prevalence of genuine grievances. To improve its implementation, organizations
must conduct regular training programs, create awareness campaigns, and foster a culture of zero
tolerance for harassment.
Policymakers and enforcement authorities should also ensure strict compliance with the law,
impose penalties for non-compliance, and provide adequate resources to LCCs and ICCs.
