What is the Scope of POSH Act?

The POSH Act , which stands for the Prevention of Sexual Harassment Act, is an Indian legislation that aims to prevent and address sexual harassment in the workplace. It provides a legal framework for dealing with such incidents and ensuring a safe and secure work environment for employees, particularly women.

The scope of the POSH Act extends to various sectors, including public and private organizations, government offices, educational institutions, hospitals, NGOs, and any other place where people are employed. It covers both the organized sector (with more than ten employees) and the unorganized sector (such as agricultural and domestic workers).

Under the POSH Act, employers are required to establish an Internal Complaints Committee (ICC) in their organizations to receive and address complaints of sexual harassment for POSH compliance . The ICC consists of representatives from the employer, employees, and external members, and it is responsible for conducting inquiries and taking appropriate action against the accused.

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 emphasizes the importance of providing a supportive and sensitive environment for victims of sexual harassment. It prohibits retaliation against the complainant or witnesses and ensures confidentiality throughout the complaint process. The Act also mandates employers to conduct regular awareness programs and training sessions to educate employees about their rights and obligations under the Act.

Overall, the POSH Act aims to create a safe and harassment-free workplace environment, where individuals can work without fear of sexual harassment and where appropriate action is taken against those who violate these principles.