Ankur Lal Advocate

Sexual Harassment at the Workplace: A Decade of the POSH Act

The Prevention of Sexual Harassment (POSH) Act, 2013, represents a landmark in India’s journey toward ensuring a safer work environment for women. Over a decade, the POSH Act has played a pivotal role in addressing workplace sexual harassment, providing a robust framework for victims to seek redressal. This article reviews the legal provisions of the POSH Act, its impact over the past ten years, and notable case law that has shaped its application.

Background and Legal Framework

Before the enactment of the POSH Act, India’s legal landscape regarding workplace sexual harassment was fragmented and inadequate. The need for comprehensive legislation was underscored by the Supreme Court’s judgment in Vishaka v. State of Rajasthan (1997), where the Court laid down guidelines, commonly known as the “Vishaka Guidelines,” to address sexual harassment at the workplace. These guidelines were treated as the law until the POSH Act was enacted.

The POSH Act was enacted to give statutory backing to the Vishaka Guidelines and to provide a more structured and enforceable mechanism to handle complaints of sexual harassment. The Act applies to all workplaces in India, including government bodies, private sectors, NGOs, and even domestic workers.

Key Provisions of the POSH Act

The POSH Act defines sexual harassment broadly, encompassing not only physical harassment but also any unwelcome verbal or non-verbal conduct of a sexual nature. Key provisions of the Act include:

1. Constitution of Internal Complaints Committee (ICC): Every employer with ten or more employees is required to constitute an Internal Complaints Committee (ICC) at each office or branch. The ICC is responsible for receiving and investigating complaints of sexual harassment.

2. Redressal Mechanism: The ICC is empowered to conduct an inquiry into complaints, following principles of natural justice. The ICC must complete its inquiry within 90 days, and based on its findings, recommend action against the accused. The employer is bound to act on the ICC’s recommendations.

3. Confidentiality: The Act mandates that the identity of the complainant, the respondent, witnesses, and the details of the complaint be kept confidential. Breach of confidentiality is punishable under the Act.

4. Protection against Retaliation: The Act prohibits retaliation against the complainant and witnesses, ensuring they are not victimized for participating in the proceedings.

5. Employer’s Responsibility: Employers are required to create awareness about the Act, conduct training sessions, and display notices about the POSH policy within the workplace. Failure to comply with these requirements can lead to penalties.

6. Penalties for Non-Compliance: Non-compliance with the provisions of the Act can attract a fine of up to INR 50,000 for the first offense. Subsequent offenses can lead to higher fines and cancellation of business licenses.

A Decade of POSH: Key Developments

Over the past decade, the POSH Act has significantly contributed to raising awareness about sexual harassment and ensuring that complaints are handled with seriousness and sensitivity. However, challenges remain, particularly in the implementation and awareness aspects.

1. Increased Reporting and Awareness:

The enactment of the POSH Act led to a marked increase in the reporting of sexual harassment cases. The #MeToo movement, which gained momentum in India in 2018, further highlighted the Act’s importance, as many women came forward with their stories of harassment, leading to several high-profile investigations.

2. Judicial Interpretation and Expansion:

The judiciary has played a critical role in interpreting and expanding the scope of the POSH Act. For instance, in Medha Kotwal Lele & Ors. v. Union of India & Ors. (2013), the Supreme Court emphasized that the Vishaka Guidelines should continue to apply until employers fully complied with the POSH Act’s requirements. This judgment reinforced the necessity for institutional mechanisms to address complaints of sexual harassment effectively.

3. Addressing Employer’s Obligations:

In Chhaya Sharma v. The Principal, Hindu College (2017), the Delhi High Court clarified that the failure of an employer to constitute an ICC or adhere to the provisions of the POSH Act could lead to legal action, including penalties. This case underscored the importance of employer compliance and set a precedent for holding employers accountable for lapses in implementing the POSH framework.

4. The Role of Quasi-Judicial Bodies:

The role of quasi-judicial bodies like the National Commission for Women (NCW) has been vital in addressing issues related to sexual harassment at the workplace. The NCW has been instrumental in providing recommendations for strengthening the POSH Act and ensuring better implementation.

5. Sexual Harassment Beyond the Workplace:

The Act’s application has also been extended in various judgments to cover instances where harassment occurs outside traditional office environments, recognizing the evolving nature of workplaces. For example, in the case of Dr. Punita K. Sinha v. Union of India (2021), the court recognized that harassment could occur in virtual spaces, thus expanding the Act’s relevance in the era of remote working.

Recent Case Laws and Judicial Trends

Recent case laws have further refined the understanding and enforcement of the POSH Act:

  • Ruchika Singh Chhabra v. Air France India (2020): The Delhi High Court emphasized that the ICC must maintain impartiality and follow due process, ensuring that the rights of both the complainant and the respondent are protected. This case highlighted the procedural safeguards necessary to uphold the integrity of the inquiry process.
  • Sushma Ojha v. State of Jharkhand (2022): The Jharkhand High Court dealt with the issue of whether a complaint could be made after a significant delay. The court held that while delay might affect the veracity of the complaint, it should not be a ground to dismiss it outright, especially in cases where the complainant faced significant personal or professional challenges in coming forward.
  • Aparna Bhat v. The State of Madhya Pradesh (2021): The Supreme Court ruled that compromises in cases of sexual harassment should not be encouraged, as they undermine the seriousness of the offense. The judgment emphasized that such cases should be dealt with according to the law, ensuring justice is not compromised.

Conclusion

The POSH Act has undoubtedly marked a significant milestone in India’s legal framework for addressing workplace sexual harassment. However, the effectiveness of the Act depends heavily on its implementation, the sensitivity with which complaints are handled, and the continuous education of employees and employers alike. The judiciary’s proactive role in interpreting and enforcing the Act has been instrumental in its success, but challenges remain, particularly in rural areas and smaller organizations where awareness and compliance are still evolving.

As we look to the future, strengthening the POSH Act through amendments, increasing awareness, and ensuring stricter enforcement will be crucial in making workplaces safer for all employees. The past decade has laid a solid foundation, but the journey toward completely eradicating workplace sexual harassment continues.

8 thoughts on “Sexual Harassment at the Workplace: A Decade of the POSH Act”

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  3. This could be attributed to Anavar being an oral drug, hence inhibiting estrogen conversion and subsequently activating hepatic lipase.
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    A few more factors… Somebody who has received a bad physique taking steroids might
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    Arnold Schwarzenegger and his associates used to coach 3-5 hours a day at fairly excessive intensity.

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    Trenbolone has a stimulating effect on the central nervous system, triggering thermogenesis and aiding fats burning.
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    Progressive overload is key, however staying beneath MRV ensures sustainable gains when usining muscle steroids.
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  4. If you watch a number of the movies of allegations made towards
    him you’ll soon notice he merely adjustments the topic when the
    question is raised.
    Jujimufu has been accused of using steroids for
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    Jujimufu doesn’t use any steroids but takes whatever dietary supplements
    he believes he wants. Jon Call, aka Jujimufu, is considered one
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    He is a role model to many younger and upcoming weightlifters worldwide.

    The famous weightlifter has the body of a robust man and the flexibility of a gymnast.

    The American weightlifter was born Jon Call on December ninth, 1985,
    in Huntsville, Alabama, within the Usa.
    Once I heard more of his story I knew we had to have him on the present.
    Jones was scheduled to make his a lot anticipated UFC return in opposition to Alexander Gustafsson on UFC
    232 to battle for the title. Jones did exactly what he
    was expected to do and placed on a dominating performance against Gustafsson. That aside,
    Jones also agreed to Voluntary Anti-Doping Association (VADA) testing that he denied taking before a number of
    weeks. In each cases, Jones and his staff argued that the now
    31-year-old fighter was the victim of tainted dietary supplements.

    Jon Jones sits down with Hannah Storm to debate his yearlong
    suspension from the UFC and what he learned about himself during that point.
    Though initially he was suspended for four years later he was
    handed a suspension of 15 months plus three months group service since Jones provided
    “substantial assistance” to USADA. During the years between 2015
    and 2017 John Jones was involved in fairly a number of controversies leading to the lack of his title three instances
    as results of disciplinary action. Holds a variety of achievements corresponding
    to most title defenses, most wins, longest win streak
    and most submission victories. After a thorough investigation,
    an impartial arbitrator concluded that Jones was not dishonest deliberately and
    handed him a suspension of 18 months. For me, it’s that every one of that is
    just exhausting work and sacrifice and that it makes you better than others round you.

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    and so on, you’d think about extra folks can be
    skeptical of his rematch. Regardless Of his absence, Such stayed in touch with his former bandmates.
    He even reunited with the band in 2018 to rejoice their induction into the
    Rock and Roll Corridor of Fame. On social media, Bon Jovi and his bandmates posted a tribute to Such.
    He has mentioned his spouse’s name severally in his
    movies and interviews. Sam ensures Jon sticks to his food plan and
    training, and work schedules. The pair continues to be married, however Jon Jujimufu’s spouse, Sam, loves a low-key way of life.

    After serving the one 12 months suspension Jones took part within the
    UFC 214 went on to win the light heavyweight title in 2017.
    Jones tested positive this time for a similar metabolite that received him in trouble earlier than UFC
    214. As per the scientists concerned in the investigation, Jones did
    not re-ingest any banned substances this time.
    When he was 15, he discovered about doing tips,
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    for his workouts but soon learned that he wasn’t flexible sufficient for them.
    He began doing flexibility exercises every evening for two hours,
    and it took him two months to obtain the flexibility he wanted.
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    When taking a glance at his physique and everything that he has completed
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    your capacity to build muscle, which makes this first stage very
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    However the highway to stated physique is troublesome and
    infrequently the one much less traveled. He trained to carry heavy weights to increase his power as much as attainable.

    Rising up, he performed video games and participated in numerous different actions typical of kids, but quickly he received tired of them and needed one thing
    more difficult. However, it could presumably be defined by him being genetically
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  5. Regardless Of this, we’ve observed reduced anabolism in customers who take away Deca Durabolin from stacks.
    Since trenbolone is an injectable steroid, it doesn’t compromise the
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    Primo can start low at 400mg weekly and be increased to 600mg from
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    steroid. Whether Or Not you’re seeking to pack on severe muscle or break via a strength plateau, testosterone stays one of the most effective and
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    As A End Result Of of reduced water retention, Anavar will make your muscle have pumps which would possibly be extra
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    Dianabol is the most well-known brand name for the anabolic
    steroid Metandienone6. Dianabol is the one time period we ever
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    It was used for a short time medically as an androgen substitute therapy, but more practical
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    The optional dose for YOU might be different than for me, however 40-50mg is where plenty of
    males find the greatest stability. Some of us find again pumps turn into
    a problem, principally at greater doses. As Quickly As you begin feeling those pumps in the gym (and outdoors of it), it’s a great signal that your Dbol is working correctly – and it
    feels unbelievable. These create a more favorable stability in terms of results vs.
    unwanted side effects when compared to oral trenbolone.
    Energy and speed receive remarkable boosts, as does general strength to help all-round efficiency enhancement.
    This makes Winstrol so revered amongst observe and field athletes in particular.
    On a Winstrol cycle, you should also notice elevated tendon power, and whereas not necessarily noticeable, Winstrol is thought to
    benefit bone strength as nicely. Excessive cholesterol levels can improve
    your danger of experiencing a stroke or coronary heart disease,
    so the cardiovascular side effects of Winstrol are too vital to disregard.

    Trenbolone will cause significantly more cardiac hypertrophy (enlargement of the heart) and enhance the risk of atherosclerotic plaque in our experience (11).

    We have discovered Equipoise to be more estrogenic than Deca Durabolin, with EQ displaying 50% fewer estrogenic
    results of testosterone but 400% more than Deca Durabolin. EQ
    is a modified form of testosterone, like Deca Durabolin, with a double bond being launched between carbons 1 and 2.
    Nonetheless, studies and our own findings suggest that
    Deca Durabolin is able to inflicting masculinization in girls,
    even in small dosages, when taken constantly over the lengthy term.
    Testosterone and Deca Durabolin is among the least poisonous stacks a bodybuilder
    can utilize in regard to unwanted facet effects. An AI (aromatase inhibitor) will be
    ineffective for treating Anadrol’s estrogenic results, as
    Anadrol doesn’t aromatize but as an alternative immediately stimulates
    the estrogen receptors. The major benefit of stacking Anadrol
    with Deca Durabolin is due to Anadrol’s androgenicity.

    Arnold Schwarzenegger, also called the Austrian Oak, is believed
    to have utilized Dianabol, an oral steroid, to boost his performance on the Mr.

    Olympia stage. Anavar is a C-17 alpha-alkylated oral steroid; thus,
    it’s processed by the liver upon absorption into the bloodstream.
    Due to its high market price, bodybuilders can be much less probably to make use of
    oral testosterone, also referred to as undecanoate
    or Andriol.

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