POSH Act Update in 2023: What You Need to Know

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

The POSH Act is a landmark legislation that was enacted to prevent sexual harassment of women at the workplace. The Act defines sexual harassment as any unwelcome act or behavior of a sexual nature, whether physical or verbal, that is:

• Unwanted touching
• Demanding or requesting sexual favors
• Making sexually suggestive remarks
• Displaying pornography
• Sending sexually explicit emails or text messages
• Making sexually suggestive gestures
• Intimidating or threatening a woman with the intent to sexually harass her

The POSH Act applies to all workplaces, including both public and private sector organizations, educational institutions, and non-governmental organizations. It also applies to workplaces in the informal sector, such as domestic work and contract labor.

The POSH Act provides for the establishment of an Internal Committee (IC) in every workplace to investigate complaints of sexual harassment. The IC must have at least five members, including at least one woman. The IC must be headed by a woman.

A complaint of sexual harassment can be made by the woman who is being harassed, or by any other person on her behalf. The complaint must be made in writing to the IC. The IC must investigate the complaint and take appropriate action.

The POSH Act also provides for the establishment of a Grievance Redressal Committee (GRC) at the district level. The GRC hears appeals against the decisions of the IC.

The POSH Act is an important step in the fight against sexual harassment of women at the workplace. The Act provides women with a mechanism to report and seek redress for sexual harassment. It also sends a strong message that sexual harassment will not be tolerated in the workplace.

Supreme Court Issues New Guidelines on POSH Act Implementation

The Supreme Court of India has issued new guidelines on the implementation of the POSH Act. The guidelines emphasize the importance of creating a safe and respectful workplace for women. They also provide detailed instructions on how to establish and operate an IC, and how to investigate and redress complaints of sexual harassment.

The new guidelines are a welcome step in the fight against sexual harassment of women at the workplace. They provide clear and comprehensive guidance on how to implement the POSH Act, and they will help to ensure that women have access to justice when they are harassed.

How to Prevent Sexual Harassment in the Workplace

There are a number of things that employers can do to prevent sexual harassment in the workplace. These include:

• Developing and implementing a clear policy on sexual harassment.
• Providing training to all employees on sexual harassment.
• Creating a culture of respect and equality in the workplace.
• Ensuring that there are clear channels for reporting sexual harassment.
• Taking prompt and effective action against perpetrators of sexual harassment.

By taking these steps, employers can help to create a safe and respectful workplace for all employees.

If You Have Been Sexually Harassed at Work

If you have been sexually harassed at work, it is important to know that you are not alone. There are resources available to help you. You can:

• Talk to a trusted friend or family member.
• File a complaint with your employer’s IC.
• File a complaint with the Equal Employment Opportunity Commission (EEOC).
• Get legal help.

POSH Act Updates 2023

The Supreme Court of India has issued new guidelines on the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) on May 12, 2023. The guidelines emphasize the importance of creating a safe and respectful workplace for women. They also provide detailed instructions on how to establish and operate an Internal Committee (IC), and how to investigate and redress complaints of sexual harassment.

Here are some of the key updates to the POSH Act in 2023:

• All workplaces must have an IC, even if they have fewer than 10 employees.
• The IC must have at least five members, including at least two women.
• The IC must be headed by a woman.
• The IC must meet at least once a month to discuss complaints of sexual harassment.
• The IC must investigate complaints of sexual harassment within 30 days of receiving them.
• The IC must take appropriate action against the perpetrator of sexual harassment, such as warning, suspension, or termination of employment.
• The IC must keep a record of all complaints of sexual harassment and the action taken on them.
• The IC must be accessible to all employees, including women from marginalized groups.

These new guidelines are a welcome step in the fight against sexual harassment of women at the workplace. They provide clear and comprehensive guidance on how to implement the POSH Act, and they will help to ensure that women have access to justice when they are harassed.

In addition to the Supreme Court guidelines, there have been a number of other updates to the POSH Act in 2023. These include:

• The Ministry of Women and Child Development has launched a new website to provide information on the POSH Act and how to file a complaint.
• The Ministry has also launched a helpline for women who have been sexually harassed at work.
• The National Commission for Women has issued guidelines on how to conduct awareness-raising workshops on the POSH Act.

These updates are a sign of the government’s commitment to preventing sexual harassment of women at the workplace. They will help to raise awareness of the issue and make it easier for women to seek justice.

If you have been sexually harassed at work, you have rights under the POSH Act. You can file a complaint with your employer’s IC, or with the Equal Employment Opportunity Commission (EEOC). You can also get legal help.

There is no shame in reporting sexual harassment. It is important to speak up so that the harassment can stop and so that other women are not harassed.

I hope this blog post has been informative. If you have any further questions about the POSH Act, please do not hesitate to ask.