2023-11-28 05:21:05

POSH COMPLIANCES

POSH COMPLIANCES

POSH stands for prevention of sexual harassment. The POSH act was introduced to prevent and protect woman from sexual harassment at workplace. After the introduction of POSH Act, it is mandatory for all workplaces with more than 10 employees. So accordingly it is the duty of every organization to comply with regulations which are set by the POSH Act. It also includes making policies regarding sexual harassment, forming an internal complaint committee. In cases of non compliances penalty can be imposed.

PRE DOCUMENTING POSH COMPLIANCES

Pre-documenting a POSH complaint means creating an account of the harassment faced by an employee during the course of her work at the workplace. This account can be in the form of preserving record of electronic or written communication via, text messages, email, etc. It can be used as an evidence if the case goes into the court. When pre-documenting a POSH complaint, it is essential to include all relevant details such as names, times, dates, and locations, witnesses name ( if any)the account should be as clear and concise as possible.

SEXUAL HARRASSMENT UNDER THE LAW

In the year 1992, Bhanwari Devi, a social worker with the Women’s Development Project of the Rajasthan government was gang-raped by five men after she tried to stop the marriage of a one-year-old girl. By hearing pleas filed by activist groups against the crime, the Supreme court of India noticed the absence of any law, SC in the judgment Vishakha and others v Rajasthan, laid down a set of guidelines in 1997, namely the Vishakha Guidelines, until a proper law could be enacted.

Sexual harassment under POSH ACT, includes:

Any physical contact
Any demand or request of sexual favour
Making sexual remarks
Showing pornography
Or any other unwelcomed physical, verbal or non verbal conduct of sexual nature

Sexual harassment also includes:

implied or explicit promise of preferring in her employment;
implied or explicit threat of harming ; or
implied or explicit threat about her employment status; or
interfering with her work, creating an intimidating, offensive or hostile work environment for her;
humiliation which might affect her health or safety.

UNDER IPC

Section 294:

Any obscene acts in any public place, or singing obscene songs to the annoy others. Is Punishable for the Imprisonment for a term of up to 3 months or fine, or both

Section 354 (A):

Any man committing any physical contact, advances involving unwelcome and explicit sexual proposal; demanding or requesting of sexual favours; or showing pornography against the will of a woman; or making sexually coloured remarks, such person shall be punished with rigorous imprisonment for a term which may extend to three years.

Section 509:

Criminalizing any words, gesture or any act which is done with the in intention of insulting the modesty of a woman and intrudes her privacy. Is punishable with simple imprisonment for a term which may extend to three years, and also with fine.

WHO CAN FILE A COMPLAINT UNDER POSH ACT?

POSH Act defines the Complainant as the person who filed a written complainant of sexual harassment before the Internal Complaints Committee (ICC). The aggrieved woman or any other individual who files a complaint on her behalf can be the complainant.

Respondent is someone against whom a complaint is filed. The respondent can be an employee of an organization or a third-party.

Anyone can become a victim of sexual harassment. Under POSH Act, any aggrieved woman who is:

An employee
A visitor to the office
Client
Vendor
Housekeeping and maintenance staff
Intern
Volunteer
Temporary worker

They have the right to file a complaint of sexual harassment with the employer. The aggrieved woman does not need to be an employee of an organization to file a sexual harassment complaint.
The respondent can be an employee of an organization or a third-party.

DOCUMENTS REQUIRED FOR POSH COMPLAINT IN INDIA

Under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal ) Act 2013, certain documents are required to be maintained by the Internal Complaints Committee (ICC), ICC conduct an enquiry regarding sexual harassment complaint(POSH Compliance).
Documents which must be kept by the ICC are as follows:

The written complaint by the victim about the sexual harassment incident within 3 months
Any relevant or supporting documents or evidence provided by the victim, such as emails, text messages, etc
During the course of the enquiry all the statements must be recorded, including those of witness
After completing its enquiry ,ICC prepare the final report

Documentation is an important element of the enquiry proceedings. The enquiry is challenge before the courts, where all the documents may be examined for a judicial review.
Section 25 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 states. An officer can be authorized by the government to conduct the investigation of sexual harassment at the workplace.

CONCLUSION

POSH Act was introduced to protect and provide safer environment for women at workplace. According to POSH Act, it is the mandatory that employer must create an Internal Complaint Committee (ICC) at their workplace which can be approached by the aggrieved woman where they can file a sexual harassment complaint.