The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013

Subject: Polity

Section: Govt schemes

Context- Kerala High Court on Thursday (March 17) asked organisations associated with the film industry to take steps to constitute a joint committee to deal with cases of sexual harassment of women, in line with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013.

Concept-

About The POSH  Act:

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in 2013.
• It defined sexual harassment, lay down the procedures for a complaint and inquiry, and the action to be taken.
• It broadened the Vishaka guidelines, which were already in place.
  • The Vishaka guidelines were laid down by the Supreme Court in a judgment in 1997.
    • The case involved Bhanwari Devi, employed with the rural development program of the Government of Rajasthan viciously gang-raped because of her efforts to stop the then prevailing practise of child marriage in support of the government’s campaign against child marriage in 1992.
  • The Visakha guidelines, which were legally binding, defined sexual harassment and imposed three key obligations on institutions — prohibition, prevention, redress.
• The Act mandated that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees.
• It lay down procedures and defined various aspects of sexual harassment, including the aggrieved victim, who could be a woman “of any age whether employed or not”, who “alleges to have been subjected to any act of sexual harassment”. This meant that the rights of all women working or visiting any workplace, in any capacity, were protected under the Act.
• Definition of sexual harassment: Under the 2013 law, sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:
  • Physical contact and advances
  • A demand or request for sexual favours
  • Sexually coloured remarks
  • Showing pornography
  • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

Procedure for complaint:

• Under the Act, the complaint must be made “within three months from the date of the incident”. However, the ICC can “extend the time limit” if “it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period”.
• The ICC “may”, before inquiry, and “at the request of the aggrieved woman, take steps to settle the matter between her and the respondent through conciliation” — provided that “no monetary settlement shall be made as a basis of conciliation”.
• The ICC may either forward the victim’s complaint to the police, or it can start an inquiry that has to be completed within 90 days.
  • The ICC has powers similar to those of a civil court in respect of summoning and examining any person on oath, and requiring the discovery and production of documents.
• When the inquiry is completed, the ICC must provide a report of its findings to the employer within 10 days. The report is also made available to both parties.

After the ICC report:

• If the allegations of sexual harassment are proved, the ICC recommends that the employer take action “in accordance with the provisions of the service rules” of the company. These may vary from company to company.
• Compensation is determined based on five aspects:
  • suffering and emotional distress caused to the woman;
  • loss in career opportunity;
  • her medical expenses;
  • income and financial status of the respondent; and
  • the feasibility of such payment.
• After the recommendations, the aggrieved woman or the respondent can appeal in court within 90 days
• Section 14 of the Act deals with punishment for false or malicious complaint and false evidence.