Posh-Faq
Yes, in accordance to Section 18 of the POSH Act, any person aggrieved from the recommendations made by the Internal Committee or Local Committee, as the case may be, may prefer an appeal to the court or tribunal in accordance with the provisions of service rules applicable to the said person or where no such service rules exist then, without prejudice to the provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed.
However, the appeal must be preferred within a period of 90 days of the recommendations.
The POSH Law is specifically designed to protect women from sexual harassment at workplaces. However, organisations are encouraged to have gender-neutral POSH Policies for addressing workplace sexual harassment, including sexual harassment against men.
Yes, every employer of a workplace, having more than 10 number of employees, is required to constitute a Committee known as “Internal Committee” who shall be responsible for addressing and handling issues pertaining to sexual harassment at workplace.
Yes, the limitation period for filing a POSH Complaint is defined in Section 9 of the POSH Act which states that the complaint must be reported within a period of three months from the date of incident and in case of a series of incident, within a period of three months from the date of last incident.
Provided further that the Internal Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that circumstances were such which prevented the woman from filing a complaint within the said period.
The POSH Law is a civil law and it itself does not explicitly prescribe imprisonment as a penalty for the respondent. However, if the conduct of the respondent constitutes any criminal offence under the Indian Penal Code such as sexual assault or criminal intimidation, the complainant may file a separate criminal complaint and in such case, the respondent may face imprisonment under the relevant sections of the applicable law.
There are three main grounds for an act to be actionable under the POSH Act, namely:
- First, the complaint of sexual harassment must be made by an aggrieved woman;
- Second, the accused person must be alleged to have committed an act of sexual harassment, as defined under the POSH Act;
- Third, the act of sexual harassment must have occurred in the workplace that falls within the purview of POSH Act.
The POSH Law applies to all workplaces in India, whether in the private or public sector, including but not limited to government undertakings, private enterprises, health or financial sectors, hospitals, nursing homes, society, trust, educational or professional institutions and even the unorganised sectors. Considering the evolving dynamics at work, the POSH Act transcends traditional workspaces and includes within its ambit the concept of extended workplaces as well.
In case the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegations against the accused has been proved, it shall recommend to the employer or the District Officer, as the case may be to take any action including a written apology, warning, reprimand or censure, withholding of promotion, withholding of pay rise or increments, terminating the respondent from service or undergoing a counselling session or carrying out community service as specified under Rule 9 of the POSH Rules.
For the purpose of making an inquiry under POSH Act, the Internal Committee or the Local Committee, as the case may be, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following matters, namely:
- Summoning and enforcing the attendance of any person and examining him on oath;
- Requiring the discovery and production of documents; and
- Any other matter which may be prescribed.
Section 2(n) of the POSH Act defines sexual harassment including any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:
- 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.
Section 2(a) of the POSH Act defines aggrieved woman as under:
- In relation to a workplace, a woman, of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment by the Respondent;
- In relation to a dwelling place or house, a woman of any age who is employed in such a dwelling place or house.
In case the victim is unable to file a POSH complaint on account of her physical/mental incapacity or death or for any other reason, any person having the knowledge of the incident or her legal heir, can file the POSH Complaint on her behalf, subject to written consent of the victim as specified under the POSH Rules.
Section 26(1) of the POSH Act explicitly states that in case the employer fails to constitute an Internal Committee as specified under Section 4 of the POSH Act, he shall be punishable with fine which may extend to fifty thousand rupees.
The Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, also known as the POSH Act was enacted in India in the year 2013 to create a safe, equitable and cohesive workplaces.
The primary objective of the POSH Act is 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 inquiry under POSH must be completed within a period of 90 days from the date of receipt of complaint.
In addition, the Employer or the District Officer, as the case may be, is required to act upon the IC recommendations within a period of 60 days of its receipt.
During the pendency of a POSH Inquiry, on a written request made by the aggrieved woman, the Internal Committee or the Local Committee, as the case may be, may recommend to the employer to:
- Transfer the aggrieved woman or the respondent to any other workplace; or
- Grant leave to the aggrieved woman up to a period of three months, in addition to the leave she would be otherwise entitled; or
- Grant such other relief to the aggrieved woman as may be prescribed.
An aggrieved woman can file a POSH Complaint before the Internal Committee of her organisation as per Section 4 of the POSH Act.
In case your organisation does not have an Internal Committee due to less than having 10 employees or in case you are a domestic worker, the aggrieved woman may file a complaint before the Local Committee established in your respective district.
Any aggrieved woman who alleges to be subject to any act of sexual harassment at workplace may file a complaint under the POSH Act.