As the title states, ‘Prevention of Sexual Harassment’ policy is perfectly clear. However, there still exist many questions like,
- To Whom?
- How to?
- When to?
- What if?
How does PoSH came to existence?
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles of state Policy.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work. The Act came into force from 9 December 2013. This statute superseded the Vishaka Guidelines for Prevention Of Sexual Harassment (POSH) introduced by the Supreme Court (SC) of India.
To whom is the PoSH Law applicable?
Law is applicable in entire India for Organizations with 10 or more employees. If the number of employees is less than 10, Local Committee (District office, Taluk, municipal) is responsible for the same. Irrespective of below criteria, Law is applicable.
- Number of employees
- Gender of Employees
- Place of Operation
- The legal status of the Establishment
How to create an Internal Committee:
Internal Committee ought to be shaped with at least 4 individuals. It recommended having at least 5 members to have a majority opinion/decision rather than having equivalent votes.
Where is the PoSH law applicable?
Anywhere and everywhere, for which the Organization is responsible for. Workplace, client’s place, cab or public transport, hotels and restaurants if company sponsors.
In this pandemic, will PoSH law be applicable while working from home?
The answer is “Yes”. If women feel, she is harassed by any of her family members, which impacts her activities, she has rights to approach IC or can register a complaint in Shebox.nic.in.
When to is the right time to complain?
Complaint to be made within a period of three months of the incident.
To lodge a complaint against harassment, each employee to be made aware with Gender sensitization, PoSH law and policy with regular training sessions. IC and EC member’s name and details to be displayed in all prominent places.
What if the organization with 10 or more number of employees does not have PoSH committee?
If the employer fails to Constitute IC; Comply with the provisions of this Act
1st time: Shall be punishable with the fine up to Rs. 50,000/-
2nd time: Twice the earlier punishment.
3rd time: The Trade license can be cancelled.
With these points, there might be question arise, “Why only women?”. Unfortunately, there are cases where men are harassed at workplaces and complaints are lodged with company HRs. However, this is currently not covered under PoSH. Nevertheless, hoping to be added to the policy soon. To make sure all are safe at the workplace.
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