The Prevention Of Sexual Harrasment Of Women At Workplace

An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.

The Major elements of POSH Act are as follows: –

  1. Prevention
  2. Probation
  3. Redressal

The Supreme Court of India issues direction for effective implementation of POSH Act.

The Supreme Court today (December 3) passed comprehensive directions for the effective compliance of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The Court particularly emphasised “decentralising” the POSH Act to take on board the private sectors, which the Union also pointed out is a “red flag” because they have been “very hesitant”…

The time limit to file a complaint under POSH. The ideal time limit for filing a complaint under POSH is 3 months from the time of the incidence that occurred. However, exceptions are considered by the ICC on case-to-case basis.

Since the POSH Act protects only women against sexual harassment, can the organization’s POSH policy be gender neutral? The answer is yes. Organizations can still have a gender-neutral policy, that allows employee of any gender to file a complaint of sexual harassment with the IC.

The Rajya Sabha has issued a bill with respect to Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Act, 2024 to further amend Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Landmark case:-

Vishakha vs. State of Rajasthan: This is a landmark judgment that led to the enactment of the POSH Act. The Supreme Court held that sexual harassment at the workplace violates a woman’s fundamental right to equality and right to life and liberty.