Prevention of Sexual Harassment at Workplace

prevention of sexual harassment at workplace

Introduction: 

Prevention of Sexual Harassment at Workplace Act (POSH) is being the first of its kind. The Rules and Act on sexual harassment at the workplace were enacted on 9th December 2013, much before the #MeToo movement. The enactment of POSH Act, 2013 has led to awareness on the dos and don’ts in terms of workplace conduct. This Act provides a mechanism for and aims at prevention, prohibition, and redressal of complaints of sexual harassment at the workplace. Sexual harassment and cruelties against women at the workplace is a common issue far and wide. The media has played a major role by highlighting several high profile incidents of sexual harassment at the workplace. 

Sexual Harassment: 

It is difficult to define Sexual Harassment as it involves a range of behaviors which is subjected to different interpretations. In general terms, it can be defined as an unwelcoming behavior with sexual nature. A minute accidental physical contact, even though it might be unwelcomed, would not amount to sexual harassment. 

Initially, before the enactment of the Act, the Supreme Court of India laid down the Vishakha Guidelines (Vishakha v. State of Rajasthan) to govern the mechanism redressal of complaints received by the complaints committee of any organisation. It may include one or more than of them, 

• Physical contact and advances
• A demand or request of sexual favors
• Making sexually colored remarks
• Showing pornography
• Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.

Workplace: 

It is important to know and understand the expression ‘workplace’ under the POSH Act. It should be given broader and wider meaning in order to make sure that no area is left uncovered where women may be subject to sexual harassment. 

The expression “Workplace” is defined under Section 2(o) of the POSH Act, as a private/ public or non-governmental organisation or service provider and places visited by employees arising out of or while working under the organisation, including transportation provided by the employer for undertaking a journey. Therefore, if harassment takes place with the employee during transportation or while having lunch in a meeting at a restaurant, the same will be covered under the Act.