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

 The Sexual Harassment of women at workplace ( Prevention, Prohibition, and Redressal) Act 2013 (POSH Act) is a statute in India that seeks to protect women from sexual harassment at their work place (place of work). The act was passed by the Indian Parliament and come into force from 9 December 2013.

Many of the features of the POSH Act are derived from the Vishaka Guidelines, issued by the supreme court of India in 1997, which vested employees, affirmed the need for preventive action and set out an internal  redressal mechanism to deal with the complaints of sexual harassment at workplace.

The POSH Act ensures that Women are protected against sexual harassment in all workplaces whether public or private, and in organized or unorganized sectors.

This will contribute to the realization of their right to gender equality, life and liberty and equality in working conditions everywhere.

The sense of security at the workplace will improve women's participation at work, resulting in their economic empowerment and inclusive growth.

What is Sexual Harassment?

Sexual Harassment includes any unwelcome act or behavior of the sexual nature, whether direct or implied.

Some example are physical contact and advances, inappropriate promise of rewards in exchange of sexual favors, sexually colored remarks, unwelcomed communication or invitation creating a hostile work environment and any other other "sexually determined behavior" physical, verbal, or non verbal conduct using any means of communication.

Sexual harassment includes a range of actions and behavior, from verbal transgressions to sexual abuse and assault.

'Unwelcome' includes behavior that is unsolicited, undesired, forced, disrespectful, inappropriate, offensive or illegal as well as act that are against organization policy or code of conduct.

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Some example of sexual harassment are following:

  • Physical contact or advances ( patting, groping, pinching, fondling, grabbing)
  • Offensive gestures, suggestive, or insulting sounds such as Whistling, Cat calls, Kissing noises
  • Making or sharing sexually colored or suggestive remarks (comments, jokes) or innuendo
  • Showing pornography or obscene ( Sexually explicit) pictures
  • Sending obscene or sexually explicit audio-visual materials
  • Talking photos or videos ( or using them) without consent
  • Name calling, bad mouthing, gossip
  • Stalking ( online or Physical)
  • Voyeurism
  • Demanding sexual favors ( in exchange for work benefits or otherwise)
  • Retaliation for refusal to comply with sexual demand ( verbal abuse, threats, psychological harassment)
  • Hostile, humiliating, unhealthy environment ( work culture) in connection with unwelcome sexual conduct.

Prevention of Sexual Harassment Policy (POSH ACT)

Company is committed to ensuring a fair and safe work environment to all its employees.

Company has a detailed policy on prevention of sexual harassment ( POSH Policy)

All employees are bound by the POSH Policy, as are vendors, contractors and visitors.

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The POSH policy are:-

  • Prohibits sexual harassment strictly- whether by or against a Company employee - in all company workplaces
  • Prohibits retaliation against  employees making or supporting complaints
  • set up an internal committee (IC) for dealing with the complaints of Sexual harassment
  • Protects employees of all genders
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Impact of unwelcome  Sexual conduct | Sexual Harassment

The impact of sexual harassment at workplace is far- reaching. Sexual harassment is a form of discrimination. Not only does it impact the targeted individual ,it also direct bearing on the workplace productivity as well as growth of the organization.

Who is an Employees?

Any Person employed by the company for any work - whether on regular, permanent, temporary, ad hoc or , daily wage basis, directly or indirectly or through a contractor is an employee for the purpose of POSH Act.



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