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PoSH act 2013

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The Prevention of Sexual Harassment of Women at Workplace (PoSH) Act, 2013 is a significant piece of legislation in India aimed at preventing and addressing sexual harassment of women in the workplace. Here are the key details of the PoSH Act 2013:


1. Objective:

   - The PoSH Act 2013 aims to create a work environment where women can work with dignity and without the fear of sexual harassment.

   - It recognizes that sexual harassment at the workplace can hinder a woman's ability to work effectively and can have long-lasting psychological and emotional effects.


2. Applicability:

   - The Act applies to all types of workplaces, regardless of their size or nature, including offices, factories, shops, educational institutions, and hospitals.

   - It covers both the public and private sectors, and it extends to women working on a regular, temporary, or ad-hoc basis.


3. Definition of Sexual Harassment:

   - Sexual harassment includes unwelcome acts or behavior that have a sexual nature, such as making sexual comments, advances, or requests for sexual favors.

   - It also encompasses any other unwelcome conduct of a sexual nature, including displaying sexually explicit material.


4. Internal Complaints Committee (ICC):

   - Employers are mandated to establish an ICC within the organization, headed by a senior female employee.

   - The ICC is responsible for receiving and addressing complaints of sexual harassment.

   - It must have at least one external member who is knowledgeable about the issue. Smaller organizations can approach Local Complaints Committees formed at the district level.


5. Duties of Employers:

   - Employers must provide a safe working environment free from sexual harassment. This includes taking preventive measures and conducting awareness programs.

   - They are required to display the provisions of the Act in a prominent location within the workplace.

   - Employers must also assist the ICC in conducting inquiries and ensuring compliance with its recommendations.


6. Complaint Procedure:

   - The Act outlines the process for filing complaints. It emphasizes confidentiality and mandates that the complainant should not be subjected to any adverse treatment.

   - The ICC conducts a thorough inquiry into the complaint and submits its findings and recommendations to the employer.


7. Penalties:

   - Non-compliance with the PoSH Act can lead to penalties, including fines and the possibility of losing business licenses.

   - Employers may also be liable to compensate the victim for any losses or suffering caused.


8. Protection Against Retaliation:

   - The Act explicitly prohibits retaliation against the complainant. Any such action by the employer or coworkers is considered an offense.


9. Awareness and Training:

   - Employers are required to conduct regular workshops and awareness programs to educate employees about the Act and its provisions.

   - These programs aim to sensitize employees to issues related to sexual harassment and promote a respectful workplace culture.


10. Annual Reports:

    - Employers must submit annual reports to the government, detailing the complaints received, actions taken, and measures implemented to prevent sexual harassment.


11. Time-Bound Resolution:

    - The Act emphasizes the importance of resolving complaints promptly. It sets a time frame for the ICC to complete the inquiry and submit its report.


12. Criminal Offense:

    - In cases of severe sexual harassment, such as assault or criminal conduct, the perpetrator may also be subject to criminal prosecution under the Indian Penal Code.


The PoSH Act 2013 is comprehensive in its approach, ensuring that workplaces take active measures to prevent sexual harassment and provide mechanisms for victims to seek justice. It places significant responsibility on employers to create a culture of respect and gender equality in the workplace.

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