POSH Law - Women Safety at Workplace

INTRODUCTION

In today’s dynamic work environment, fostering a culture of safety, dignity and respect is not just an ethical obligation but a legal mandate.

With the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 also known as the POSH Act, India took a significant step towards ensuring safe workplaces for all employees, particularly women.

With years of expertise, we at S.S. Rana & Co., are committed to assist organizations-private or public, educational institutions, corporates, NGOs, etc. in navigating the complexities of the POSH law, ensuring that they meet their legal obligations while cultivating a culture of respect and dignity.

Sexual Harassment at Workplace
Court's Gavel

UNDERSTANDING THE POSH LAW

The POSH Act was introduced in 2013 as a response to the landmark Judgement ‘Vishaka vs State of Rajasthan’ by the Hon’ble Supreme Court of India, which laid down guidelines to address issues pertaining to sexual harassment at workplaces.

The Act defines sexual harassment broadly, encompassing any unwelcome act or behavior such as

  • Physical contact and advances; or
  • A demand or request for sexual favours; or
  • Making sexually coloured remarks; or
  • Showing pornography; or
  • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

This law mandates that every organization with ten or more employees must establish a committee known as ‘Internal Committee (IC)’ who shall be responsible for addressing and handling complaints of sexual harassment at workplaces.

In addition to redressal mechanism, the law also places a strong emphasis on prevention and sensitization, requiring organizations to conduct regular awareness programs, training sessions, workshops and sensitization initiatives in order to create a safe and inclusive work culture.

A safe working environment is a fundamental right of every employee. Our team of legal experts, trainers and compliance professionals is dedicated to aid and assist organizations in implementing POSH law compliances effectively.

We offer a comprehensive unit of services, including but not limited to:

  • Drafting and Reviewing of POSH Policies
  • Establishment of Internal Committee as per the legal mandate’
  • External Member Services
  • Conducting POSH Training and Sensitization Sessions
  • Conducting Capacity Building Programme
  • POSH E-learning Module
  • Assistance in conducting POSH Inquiries
  • Submission of POSH Annual Report
  • POSH Advisory and Consultation
  • Conducting POSH Compliance Audit

 

Despite the legal mandate, many organizations face challenges in implementing POSH Compliances including lack of awareness among employees, fear of retaliation or stigma associated with reporting complaints, inadequate training of IC Members, etc. Our firm provides practical, industry-specific solutions tailored to address these challenges.

The increasing awareness of the POSH Law, its compliance requirements, and the rights of the parties involved has significantly empowered individuals to report incidents of workplace sexual harassment. This awareness has also brought to light organizational lapses in adhering to the law and implementing its provisions effectively, leading to a marked increase in complaints and cases reaching to the courts.

Sexual harassment is a form of discrimination, underscoring the critical importance of institutional liabilities and responsibilities. Organizations must therefore actively enhance and align their vision and mission to ensure the comprehensive implementation of the POSH Act in both letter and spirit.

Let’s work together to create workplaces free from sexual harassment and discrimination- because every employee deserve to work with dignity, respect and equality.

Please feel free to reach out to us at posh@ssrana.co, to learn more about how we can assist you in staying compliant with the POSH Law and build a safer work environment for all.