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POSH Act 2013

Overview

India's first legislation specifically addressing the issue of workplace sexual harassment—the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”)—was enacted by the Ministry of Women and Child Development, India in 2013.

Purpose and Scope

The POSH Act provides protection against sexual harassment for every woman who has visited a workplace. That means, a woman can complain if she faces sexual harassment in her workplace or a workplace of another person. The POSH Act refers to the Prevention of Sexual Harassment of Women at Workplace Act, legislation enacted to prevent and address instances of sexual harassment against women in the workplace.

The rules associated with the Act provide detailed guidelines and procedures for its effective implementation. It defines sexual harassment, lays down the procedures for complaint and inquiry, and the action to be taken in cases of sexual harassment.

Gender Neutrality & Legal Provisions

Although the POSH Act protects only women, there has been an increasing trend of organizations formulating gender-neutral POSH policies. This means people of any gender could file a complaint of sexual harassment with their respective organization.

Whenever sexual harassment becomes unbearable and affects a worker’s well-being, redressal may also be sought under Indian Penal Code sections such as:

  • Section 354: Outraging the modesty of a woman
  • Section 509: Insulting the modesty of a woman

Obligation of Employers

As per the POSH Act, every employer of an organization with ten or more employees must constitute a grievance redressal committee called the Internal Committee (IC).

The term ‘employee’ under the POSH Act includes:

  • Regular, temporary, ad hoc employees
  • Daily wage workers
  • Employees hired directly or through an agent
  • Contract labourers
  • Co-workers, probationers, trainees, and apprentices

Details of ICC Members

Sl. ICC Member's Name Designation Phone No. Email
1 Smt. Sarita Koul ED (Operations & General Administration) 9818737308 saritakoul@celindia.co.in
2 Smt. Bhavna Kaushik Technical Manager (Member) 9910666693 bhavanakaushik@celindia.co.in
3 Sh. Nilabh Kumar Technical Manager (Member) 8826597119 nilabh@celindia.co.in
4 Smt. Rhea Singh Assistant Manager - HR (Member) 8017020409 rheasingh@celindia.co.in
5 Smt. Nancy Agrawal Assistant Manager (Member) 8587803101 nancy.agrawal@celindia.co.in
6 Smt. Seema Sharma Assistant Engineer (Member) 9958007166 Vatsseema1@gmail.com
7 Smt. Raadha Sharma External Member 9811255029 trainer4corporate@gmail.com

Handbook on Sexual Harassment

The Handbook on Sexual Harassment is also available on the HRMS Portal.