Published On: 14th May, 2025
Authored By: Tanya kumari
Asian Law College
Abstract
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) is a landmark Indian law aimed at protecting women from sexual harassment at work. A culmination of the landmark Vishaka guidelines, the Act makes it obligatory to set up Internal Complaints Committees (ICCs) and Local Complaints Committees (LCCs) for redressal, and puts an onus on employers to make workplaces safe. This article gives an exhaustive outline of the POSH Act, examining its significant provisions, judicial understandings, and implementing woes. It illuminates the Act’s function in developing gender equality as well as empowering women and explains the challenges faced in making it a reality, ranging from knowledge deficits to ICC effectiveness as well as social stigma. The article ends by highlighting the necessity of continued efforts in awareness, training, and enforcement to maximize the potential of the Act in establishing safe and respectful workplaces.
Keywords:
Sexual Harrassment , POSH ACT , Internal Complaint Committees ( ICC), Local Complaint Committees (LCC
Introduction
“The workplace should be a sanctuary of respect, not a battleground of harassment.”
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter, “the POSH Act” or “the Act”) is a landmark legislation in the legal tradition of India, and is enacted to combat the rampant culture of sexual harassment at workplaces. Developed from the seminal Vishaka v. State of Rajasthan (1997) case, the Act legalizes the guidelines of the Supreme Court into a detailed legislative code. This article goes deep into the provisions of the POSH Act, judicial interpretations, and its problems in enforcement, thereby investigating its role as both a “shield” to harassed women and a “sword” against the offenders.
The Genesis: From Vishaka to the POSH Act:
The Vishaka judgment (AIR 1997 SC 3011)^1 arose from the brutal gang rape of Bhanwari Devi, a social worker, in Rajasthan. The Supreme Court, recognizing the absence of domestic legislation addressing workplace sexual harassment, laid down a set of guidelines, which were to be treated as law until suitable legislation was enacted. These guidelines, which defined sexual harassment and mandated the establishment of complaint mechanisms, formed the bedrock upon which the POSH Act was built. The POSH Act, enacted in 2013, aimed to translate these guidelines into a robust legal framework. It extends its purview to both organized and unorganized sectors, encompassing a wide range of workplaces, including offices, hospitals, educational institutions, and even dwelling places when related to work.
Key Provisions and Analysis:
Definition of Sexual Harassment (Section 2(n)):
The Act offers a wide definition of sexual harassment, which includes:
- Physical contact and advances
- Demand or request for sexual favors. Sexually colored remarks.
- Display of pornography.
- Any other unwelcome physical, verbal, or non-verbal behavior of sexual nature.
This broad definition shows an awareness of the various forms sexual harassment can take, extending beyond conventional notions of physical assault.
Internal Complaints Committee (ICC) (Section 4):
The Act requires the formation of an ICC in each organization with ten or more workers. The ICC, led by a woman and consisting of internal as well as external members, is to enquire into allegations of sexual harassment. This provision becomes paramount for the enforcement of internal redressal mechanisms and fostering an environment of trust and accessibility.
Local Complaints Committee (LCC) (Section 6): In cases of workplaces with fewer than ten workers or where the complaint is against the employer, the Act makes provision for the establishment of LCCs at the district level. This is to ensure that women working in small workplaces or those being harassed by their employers are not left without any redress.
Employer’s Duties (Section 19): The Act imposes heavy responsibilities on employers, such as:
Ensuring a safe working environment.
Posting notices about the Act and the ICC/LCC.
Conducting awareness programs and workshops.
Rendering support to the aggrieved woman during the inquiry.
These responsibilities bring out the proactive role of employers in preventing and responding to sexual harassment.
Confidentiality (Section 16): The Act stresses the need to keep the complainant and the proceedings confidential, safeguarding them from retaliation and further harassment.
Penalties (Section 26): The Act provides penalties in case of non-compliance, such as fines, to be imposed on employers who do not form an ICC or breach other provisions of the Act.
Judicial Interpretations and Case Laws:
- Ayaaubkhan Noorkhan Pathan v. State of Maharashtra & Ors. (2013) 4 SCC 465:^2 The Supreme Court reiterated the importance of a sensitive approach to complaints of sexual harassment and emphasized the need for a fair and impartial inquiry.
- Saurabh Kumar Mallick v. Comptroller & Auditor General of India & Ors. (2008) 7 SCC 266:^3 Prior to the POSH act passing, the Supreme court in this case, discussed the importance of the Vishaka guidelines, and how they should be applied.
- Medha Kotwal Lele & Ors. v. Union of India & Ors. (2013) 1 SCC 297:^4 The Supreme Court issued directions for the effective implementation of the Vishaka guidelines and emphasized the need for widespread awareness about sexual harassment.
- Ruchika Singh Chhabra v. Air France India & Anr. (2018) LLR 665:^5 The Delhi High Court discussed the importance of the ICC conducting a fair and proper inquiry.
These cases highlight the judiciary’s commitment to upholding the principles of the POSH Act and ensuring that women are provided with effective remedies against sexual harassment.
Challenges and the Path Forward:
As noble as its progressive provisions are, the POSH Act is fraught with a few challenges:
Gaps in implementation: Awareness of and adherence to the Act also differ widely by sector and organisation. Most of the smaller operations and those of the unorganized sector are uninformed about what they are obliged to do.
Effectiveness of ICCs: The success of ICCs lies in the professional competence and objectivity of its members. Complaints have arisen regarding the uninformed and non-sensitised nature of ICC members in some instances.
Retaliation and Victimization: Sexually harassed persons tend to be afraid of victimization and retaliation, and might refrain from complaint because of that.
Social Stigma: Stigma against sexual harassment remains an insurmountable hurdle towards reporting.
Male inclusion: Arguably, certain critics believe the act is non-gender, and fails to safeguard males.
To address these challenges , several measures are necessary
Increased Awareness and Training: Comprehensive awareness programs and training sessions are essential to educate employers and employees about the POSH Act.
- Strengthening ICCs: ICC members should receive regular training on conducting inquiries, handling sensitive information, and ensuring fairness and impartiality.
- Promoting a Culture of Respect: Organizations must foster a culture of respect and zero tolerance for sexual harassment.
- Effective Monitoring and Enforcement: The government needs to strengthen monitoring and enforcement mechanisms to ensure compliance with the Act.
- Addressing Social Stigma: Public awareness campaigns are necessary to challenge social stigma and encourage victims to come forward.
Conclusion:
“Silence emboldens the harasser; speaking up empowers the victim and transforms the workplace.”
The POSH Act, 2013, is a major advance in India’s efforts against sexual harassment at work. It has a broad legal structure of prevention, prohibition, and redressal that gives women the power to claim justice and makes workplaces safe. Although there are challenges in its enforcement, the potential of the Act in changing the workplace culture and ensuring gender equality cannot be doubted. By overcoming these challenges through persistent efforts, India can make the POSH Act an effective shield and sword that shields women from harassment and punishes the harassers. The ongoing development of judicial interpretation, as well as the ongoing refinement of implementation methods, will be the key to the long-term success of the POSH Act.
Reference(s):
- Vishaka v. State of Rajasthan, AIR 1997 SC 3011.
- Ayaaubkhan Noorkhan Pathan v. State of Maharashtra & Ors., (2013) 4 SCC 465.
- Saurabh Kumar Mallick v. Comptroller & Auditor General of India & Ors., (2008) 7 SCC 266.
- Medha Kotwal Lele & Ors. v. Union of India & Ors., (2013) 1 SCC 297.
- Ruchika Singh Chhabra v. Air France India & Anr., (2018) LLR 665.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Act No. 14 of 2013, India.
Key Provisions and Analysis:
* Definition of Sexual Harassment (Section 2(n))
