The widespread practice of harassment of women in the workplace is still a glaring problem in modern workplaces, where inclusivity and diversity are promoted. Despite enormous progress toward achieving gender parity, many women continue to face harassment in various forms, which affects their ability to advance both professionally and in their general well-being.
Fighting workplace harassment of women is not only morally and legally needed, but also an essential prerequisite to creating workplaces that are genuinely equitable and empowering.
Harassment of Women in the Workplace
- Any unwanted activity that makes a workplace unfriendly or scary for women, including overtures, comments, or behaviors of a sexual character, is referred to as sexual harassment of women at work. It is also known as the ladies’ harassment act.
- This problem, which is seen as a serious violation of human rights, hurts women’s dignity, well-being, and capacity to succeed in the workplace.
- Many nations have created legislative frameworks and rules that require employers to provide a safe and courteous work environment for women in order to address this issue.
- These rules seek to promote a culture of gender equality and empowerment in the workplace by preventing and addressing cases of sexual harassment. Both men and women have the right to equality under the Indian Constitution.
Workplace under Posh Act: What is It?
Any location an employee visits as part of their job, including the employer’s provided transportation, is considered their workplace according to the POSH Act. This comprises:
- Any location that is owned and operated by a commercial entity or the government.
- Any place owned by people or self-employed workers and involved in the production and sale of goods or providing services.
- A residence set up by the employer, such as a home, a hostel, or a hotel room.
- Any form of amusement funded by the workplace, such as a team outing or dinner.
- Any location the workers operate remotely from, as well as any virtual or online platforms they use to communicate with one another during or after business hours.
Posh Act 2013
- In an attempt to address the issue of sexual harassment that women face in the workplace, the Indian government implemented the POSH Act in 2013.
- The Act seeks for protection of women at workplace from sexual harassment and to establish a secure and supportive work environment for them.
- The POSH Act defines sexual harassment as any undesired sexually suggestive statements, unwanted activities such as physical, verbal, or nonverbal activity, displaying pornography, demanding or requesting sexual favors, and physical contact or sexual advances.
Posh 2013: Important Provisions
- Employers are legally required by the Act to forbid and prevent sexual harassment in the workplace.
- Every employer with ten or more employees must establish an ICC in order to accept and handle complaints of sexual harassment.
- The Complaints Committees can gather evidence with the same authority as civil courts.
- Employers are required to implement awareness campaigns, maintain a secure workplace, and post information about the POSH Act.
- The Act establishes a process for reporting issues, carrying out investigations, and giving all parties concerned an equal chance.
- The Act’s requirements can include penalties, such as fines and the cancellation of business licenses, for non-compliance.
POSH (prevention prohibition and redressal) act 2013: Mechanism of Complaint
- If a woman feels wronged and wants to file a complaint, she must submit copies of the written complaint, supporting documentation, and the names and addresses of the witnesses to the ICC or LCC within three months of the incident date, or three months after the last incident date if there have been multiple incidents.
- If the complaint is not filed within the allotted time, the ICC LCC may extend the deadline by three months.
- The law also allows friends, family members, coworkers, psychologists, psychiatrists, and other professionals to register a complaint on behalf of an aggrieved employee in cases when the employee is unable to do so due to a physical disability, mental disability, or death.
Even if there is a particular statute against sexual harassment in the workplace in addition to the historic rules set by the Supreme Court of India, the threat will remain unchecked and until men’s attitudes shift. No law will be effective until males acknowledge and respect women’s essential human rights and dignity. It is critical that the equality of men and women, as promised by the Constitution, be respected in real life and not just as lofty ideals.
Harassment of Women in Workplace FAQs
What are the causes of workplace harassment?
The primary underlying causes of sexual harassment and sex discrimination in the workplace are power disparities and gender inequality. Furthermore, certain persons are more inclined to engage in illegal behavior as a result of the intersecting kinds of exclusion and prejudice they encounter.
How do you overcome harassment?
If at all feasible, discuss what’s going on with someone you feel comfortable talking to about it. Family and friends can offer you support and guidance on what to do next. It could also be a good idea to see a professional if you believe that the harassment is having an adverse effect on your physical or mental health.
What is harassment faced by women in the workplace?
It can be defined as unwelcome direct or indirect sexual touch, comments, or behavior directed at female coworkers by male colleagues in any type of job. Consequently, there are psychological as well as physical components to workplace sexual harassment.
What is female gender harassment?
When a woman accepts a position in a typically male industry or one that is held by a man, she may face gender harassment. In these kinds of situations, acts of gender harassment could include telling the woman she is not intelligent enough for a scientific job or sabotaging her tools, machinery, or other equipment.
What is the Prohibition and Redressal Act 2013?
In order to defend women’s rights at work, the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was passed.
What is the punishment for posh?
The failure of an organization to organize an IC and to comply with other provisions of the Act may result in fines up to Rs. 50,000, as stipulated by the POSH Act. Recurring violations may result in a higher fine, and persistent noncompliance may cause the business license to be revoked.
Who will be covered under the Posh Act?
Every employee of the company, regardless of gender, is subject to the POSH Policy. This also holds true for volunteers, interns, and other people working on the organization’s property. All types of sexual harassment, including non-verbal, verbal, and physical harassment, are covered by the POSH Policy.
Is the Posh Act civil or criminal?
The law has placed the burden of implementing the Act and Rules on the IC, which has been granted the authority of the Civil Court to conduct the investigation and review the supporting documentation. As a matter of fact, few or none of the IC members have ever dealt with formal, delicate complaints.
Who is eligible for posh?
All women are covered by the Act, regardless of their age or job status; this includes interns as well as regular, contract, temporary, and employee workers.
How do I defend a PoSH complaint?
The respondent has the ‘right to appeal’ against the suggestions or conclusions of the internal complaints committee’s investigative team under Section 18 of the POSH Act 2013. This stops the internal complaints committee from abusing its authority and serves as a disincentive to any fraudulent complaints.
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