Takumpula Longkumer, IA
DIPR Nagaland
To promote safe and respectful work environments for women, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, or the POSH Act, was enacted in 2013. This legislation aims to safeguard women’s rights to equal status and opportunity, shielding them from harassment and creating workplaces where they can thrive without fear.
Understanding Sexual Harassment in the Workplace
The Supreme Court defines sexual harassment as any unwelcome, sexually determined behavior—whether physical, verbal, or non-verbal. Under the POSH Act, acts that are considered sexual harassment include:
Physical contact or advances;
Requests or demands for sexual favors;
Making sexually colored remarks;
Displaying pornography;
Any other unwelcome conduct of a sexual nature.
Recognizing these behaviors is essential to preventing harassment. This type of conduct typically involves a power imbalance and focuses on the impact rather than the intent of the behavior.
Key Features of the POSH Act
The POSH Act applies to all workplaces, covering both organized and unorganized sectors, and protects women across all ages and employment statuses. Employers are required to set up an Internal Complaints Committee (ICC) consisting of internal and external members to ensure impartial handling of complaints. The ICC is tasked with maintaining confidentiality, conducting fair hearings, and recommending appropriate actions.
Non-compliance with the POSH Act can result in severe penalties for employers, including fines and potential cancellation of licenses.
A Safe Redressal Mechanism
The Act emphasizes a supportive environment for reporting incidents, with strict measures for confidentiality. Every woman has the legal right to a safe workplace, and sexual harassment is a direct violation of this right. All workplaces are mandated to maintain a harassment-free environment to protect women’s dignity and equality.
The POSH Act defines an “aggrieved woman” as anyone who, in relation to a workplace, alleges to have been sexually harassed. This definition applies to women of all ages and statuses, whether employed or not.
Encouraging Women to Speak Up
Sexual harassment must not be tolerated, and women who experience such behavior are encouraged to file complaints without fear of retaliation. Complaints can be submitted to the Internal Complaints Committee (ICC) or, if unavailable, to the Local Complaints Committee (LCC). Complaints can also be filed online via the SHe-Box portal at shebox.wed.gov.in.
For additional support, women can contact the Women Helpline at 181 or 9485239098, or visit a Sakhi - One Stop Centre. This information has been provided by the State Hub for Empowerment of Women - Mission Shakti, under the Department of Social Welfare, to empower women and reinforce their rights in the workplace.
