What is the Scope of POSH Act?

The Indian legislation known as the POSH act — which stands for 'Prevention of Sexual Harassment' — was enacted to eliminate or reduce incidents of sexual harassment that may occur at work. The law establishes a framework for investigation and resolution of these types of issues to help create a safer and more secure working environment particularly for female employees.

The Posh Act has a broad range of coverage; it applies to many different types of employers including companies, educational institutions, gyms, hospitals, charitable organisations and other areas where individuals are employed. The POSH Act also covers all employees regardless of whether they are employed in the organised sector (which consists of more than ten workers) or unorganised sector (such as agriculture or domestic service).

Employers must create an Internal Complaints Committee (ICC) with respect to the Policy on Sexual Harassment (POSH) Act; the purpose of this committee is to receive and address complaints of sexual harassment in accordance with the POSH compliance. An ICC consists of representatives from the employer, employees, and outsiders (3rd parties), who will investigate and potentially take disciplinary action against the alleged perpetrator of sexual harassment.

The Act defines sexual harassment broadly, including unwelcome acts, behavior, or conduct of a sexual nature, whether directly or by implication. It covers a range of offenses, such as physical contact and advances, sexually colored remarks, showing pornography, making sexually explicit gestures, and any other unwelcome physical, verbal, or non-verbal conduct.

The POSH Act highlights the need for a supportive and sensitive environment for anyone who has suffered from sexual harassment. The POSH Act prohibits any type of retaliation against the victim or any witnesses and guarantees their confidentiality during the complaint. Additionally, the Act requires all employers to conduct regular educational and awareness programs on their respective duties/responsibilities under the Act.

The goal of the POSH Act is to ensure everyone has access to an environment free from sexual harassment and that when someone breaches this will be dealt with appropriately. Thereby providing individuals with freedom from being fearful and able to carry out their day-to-day operations without fear of sexual harassment.