Workplace sexual harassment prevention POSH Act

Workplace Culture

Workplace sexual harassment prevention POSH Act enabled to safeguard the women. The workplace culture refers to the shared values, beliefs, attitudes, and behaviours that shape the social and psychological environment of a workplace.

The workplace involves employees interacting with one another, their approach to work, and the organization’s overarching mission and values.

The workplace harassments are be controlled and prevented by certain laws. Read it though so you can safeguard yourself or your colleagues.

POSH Importance for Companies:

• Better Reputation: When the company complies with the POSH Act, they gain more trust from the internal people, customers, and society as a whole, which makes the brand image of the company better and more trustworthy.
• Decreased Legal Liabilities: It tries to minimize the chances of being dragged into lawsuits and hefty fines, thus helping to save costs and ensure the company finances remain healthy and there’s no reputational damage.
• Better Employee Retention: Employees stick to the organization under favourable and safe working conditions. Therefore, enhanced employee retention has reduced turnover and recruitment costs.
• Productive Workforce: Contributes to greater teamwork and collaboration, thus resulting in a much more productive workforce.

POSH Advantage for Employees:

• Improved Job Satisfaction: It instils a kind of fright and creates loneliness into them, thus model will help them realize and escape from this hopeless atmosphere which will lead to higher morale and job satisfaction.
• Productivity: They are free to work without acts of harassment or discrimination with them, resulting in better output and engagement.
• Empowerment: It creates an enabling environment for both; it clearly states the employee’s rights to raise concerns regarding any acts of sexual harassment with the comfort that no retaliatory action would be taken against him/her.
• Awareness and Education: Awareness and education to employees help them identify their rights and responsibilities as well as bring them to a more improved level of performance with confidence while dealing with workplace dynamics.

Nationwide:

• Equality and Justice to All: Define that it is found within the Act the establishment of the frame of reference for respect for diversity and gender equality into potential offending behaviours in the societal context.
• Equal Employment: Safer workplaces will, at some time in the future, be adopted by women and other marginal groups in society and will involve them in the development task.
• Cultural Change: Citizens will have to be able to have such sensitization at the point of having common respect and justice and the way against harassment.

 

 

Harassment of women employees	Harassment of male employee
POSH Act here*	General laws IPC (No special laws)

 

POSH and Vishaka committee

The Vishaka Committee comes from a significant moment in India’s legal history, triggered by the 1997 Vishaka case. This case involved a social worker named Vishaka who was sexually assaulted by a government staff. There were no clear laws to protect women in the workplace from sexual harassment at the time, so the Supreme Court took action. The Court laid out a set of guidelines, called the Vishaka Guidelines, to create a framework to safeguard women at work. These guidelines formed the foundation of the Prevention of Sexual Harassment (POSH) Act later on.

 

Why POSH Act created?

Imagine you go to work every day, putting in effort, trying to do your best. But sometimes, workplaces can become uncomfortable or even unsafe due to harassment—comments, gestures, or actions that make you feel disrespected or scared. The POSH Act was created to make sure that no one has to face this at work, and if someone does, there are clear and structured ways to address it.

ICC Committee:

The Internal Complaints Committee (ICC) is a key feature of the Prevention of Sexual Harassment (POSH) Act, 2013. The purpose of the ICC is to handle complaints related to sexual harassment at the workplace and to provide a safe and secure environment for employees, particularly women, to report any incidents of harassment.

                             

 

Purpose of Internal Complaints Committee:

• To create awareness
• To address complaints
• To put an end to harassment

The ICC plays a vital role in upholding the fundamental rights of employees, particularly women, to work in a safe and secure environment free from sexual harassment. It ensures gender equality and fair treatment at the workplace by providing a structured, legal process to address complaints of harassment. The Internal Complaints Committee (ICC) is crucial for implementing the POSH Act at the workplace and handling complaints of sexual harassment.

POSH Committee: Will be constituted by an order of Internal Complaint Committee (ICC) under Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 preferably headed by a woman member of the organisation.

 

#	Employee Name	Designation	Remarks
1
2
3
4
5		Investigating Member

 

 

Explanation of POSH Act (scenario basis):

Ms Aishwarya and Mr Abhishek are employees in an organisation, if Aishwarya feels that she has been harassed by Abhishek, she can sue Abhishek by following steps.

Document the certain Incident detailed

• Write down the details of the incident(s) clearly and concisely:
  • Date, time, and location.
  • Nature of the harassment whether it is (physical or verbal).
  • Name(s) of the harasser(s).
  • Names any of the witnesses it also includes supporting evidence like emails, texts, photos, or recordings (voice, visual) .

 Identify the Internal Complaints Committee (ICC)

• Confirm if your organization has an Internal Complaints Committee (ICC) which is responsible for handling complaints related to workplace sexual harassment.
• If your workplace has fewer than 10 employees, or no ICC exists, you can approach the Local Complaints Committee (LCC) in your district.

 File a Written Complaint

• Submit a written complaint to the Presiding Officer of the ICC within 3 months of the incident.
• Your complaint should include:
  • A detailed description of the incident(s).
  • Supporting evidence (if available).
  • A request for action to be taken.
• If you are unable to write the complaint due to distress, the ICC should assist you in documenting it.

 Acknowledge Receipt of the Complaint

• The ICC is required to provide you with an acknowledgment of your complaint.

 Request Interim Relief (Optional)

• During the investigation, you may request interim relief from the ICC, such as:
  • Transfer to another department or location.
  • Paid leave (up to 3 months).
  • Changing the reporting structure to avoid interaction with the harasser.

 Participate in the Inquiry Process

• The ICC will conduct a confidential inquiry into the complaint.
• Be prepared to:
  • Attend inquiry meetings and provide additional information.
  • Identify witnesses who can support your case.
• Both you and the respondent (alleged harasser) will be given an equal opportunity to present your sides.

 ICC Findings and Recommendations

• The ICC will submit its findings to your employer within 90 days of receiving the complaint.
• Possible outcomes include:
  • Disciplinary action against the harasser (e.g., warning, suspension, termination).
  • Financial compensation for you if the harassment caused financial or emotional distress.
• If the ICC does not find sufficient evidence, it may close the case.

 Appealing

• If you are dissatisfied with the ICC’s decision, you can:
  • File an appeal with an appropriate court or tribunal within 90 days.(for certain cases it is exceptional)
  • Consult a lawyer or legal aid organization for assistance on the appealing link.
  • Or women commission centres it differs for each state for Karnataka

File with the Local Complaints Committee (LCC)

• If your workplace lacks an ICC, or the ICC fails to address your complaint, you can file directly with the LCC set up by the District Officer.
• Contact the District Office or State Women’s Commission for guidance on locating the LCC.

Seek Legal Support

• If you face difficulties:
  • Contact a lawyer, legal aid cell, or NGO specializing in women’s rights.
  • Reach out to organizations like the National Commission for Women (NCW) or State Women’s Commission.

   “OUR LIVES BEGIN TO END THE DAY WE BECOME SILENT ABOUT THINGS THAT MATTER.”

                                                                                                                        – MARTIN LUTHER KING, JR.

 

  Mr. Abhishek what’s to prove that he is innocent these are the steps he has to follow:

If a male employee is falsely accused of sexual harassment under the POSH Act (Prevention of Sexual Harassment at Workplace Act), it is important to follow a clear, methodical approach to prove his innocence. Below are the steps he should take to defend himself against the accusations:

 Understand the Complaint

• Carefully review the complaint to understand the specific allegations. This includes the date, time, location, nature of the alleged harassment, and the identities of any witnesses.
• Request a copy of the complaint from the Internal Complaints Committee (ICC) or your employer to understand the exact nature of the allegations against you.

Stay Calm and Professional

• Avoid reacting impulsively or confrontationally. Being emotional or defensive can be misinterpreted. Instead, remain calm and professional throughout the process.
• Do not retaliate against the complainant, as this can make the situation worse and be seen as an attempt to intimidate or silence them.

Cooperate with the Investigation

• The POSH Act mandates a fair and impartial investigation. Cooperate fully with the ICC or the investigation process. Be available for questioning, and provide all necessary information.
• Be transparent: Ensure that you present the facts clearly. If you have evidence to support your innocence, share it with the ICC during the investigation.

Gather Evidence

• Documentation: Collect any documents, emails, text messages, or written communication that could support your version of events. For example, any prior communications that show the complainant’s behaviour towards you, or the lack of any inappropriate behaviour on your part.
• Witnesses: If there were any witnesses to the alleged incident, ask them to testify on your behalf. Their testimony could help clarify the situation and support your innocence.
• Time logs and location records: If you have time logs, attendance records, or video footage that can demonstrate you were in a different location at the time of the incident, this can serve as key evidence.

Present Your Side of the Story

• During the investigation, present your defence clearly and truthfully. If you have an alibi, witnesses, or evidence that shows the allegations are false or exaggerated, present it to the ICC.
• If the accusation is based on a misunderstanding or miscommunication, explain the situation calmly and provide evidence that supports this.

Demonstrate the Lack of Malicious Intent

• Explain the context: If the allegations are based on a misinterpretation of your behaviour (e.g., casual conversations or friendly gestures), clarify that your actions were innocent and non-threatening.
• It’s important to show that no sexual intent was involved in any interactions you had with the complainant.

Challenge False or Malicious Claims

• If you believe the allegations are false or malicious, you have the right to challenge them. If you can prove that the complaint was filed with malicious intent (e.g., for personal vendettas or to damage your reputation), you may have grounds for a counter-complaint.
• Section 14 of the POSH Act provides for consequences if a complaint is found to be false or malicious. The complainant could face disciplinary action if it is proven that they filed a false complaint (The false allocation can lead to termination, for misusing the law).

Request Interim Relief (If Necessary)

• If the situation becomes tense or uncomfortable during the investigation, you can request interim relief such as temporary reassignment or suspension until the issue is resolved.
• This is done to avoid further conflict and to ensure that you are not unfairly impacted during the investigation process.

Ensure Confidentiality

• Keep all details of the complaint and the investigation confidential. If the case becomes public or is discussed with other colleagues, it can harm both your and the complainant’s reputation. Maintaining confidentiality ensures fairness and protects everyone’s privacy.

Consult a Legal Professional

• If you believe that the allegations are particularly damaging or could lead to legal consequences, consult a lawyer who specializes in workplace law or sexual harassment cases.
• A lawyer can help you understand your rights, guide you through the process, and advise on the best course of action.
• Legal advice becomes essential if the case escalates to legal proceedings, or if you are facing severe reputational damage.

Appeal if Necessary

• If you are not satisfied with the outcome of the investigation or the ICC’s decision, you have the right to appeal. The POSH Act provides a mechanism for both the complainant and the accused to appeal the decision to an Appellate Authority within 90 days of the ruling.
• In your appeal, you should highlight any discrepancies, lack of evidence, or unfair treatment during the initial investigation.

“Never be bullied into silence. Never allow yourself to be made a victim”

 

S.NO	COMES UNDER HARASSMENTS	DOES NOT COMES UNDER HARASSMENTS
1	Sexual harassment	Constructive Criticism
2	Psychological/Emotional Harassment	Teasing or Joking (When Both Parties Agree)
3	Racial Harassment	One-Time Conflicts or Disagreements
4	Online Harassment	Unintentional Offenses
5	Verbal Harassment	Normal Workplace or Social Dynamics
6	Gender-Based Harassment	Disciplinary Action or Feedback in the Workplace
7	Bullying	One-Time Mistakes or Accidental Comments

Reference: link

 

Prevention Mechanisms in-depth

Training and Workshops:

• Employee Training: Programs of education schedules which continue to hold a program of instruction for staff against detecting and inhibiting harassment with their emphasis on individual rights as defined under POSH as well as the pattern of reporting.
• ICC Member Training: Supplementary courses emphasizing specific kinds of training for members of the Internal Committee, meant to address all complaints very sensibly.
• Managerial Training: All managerial and leadership people must bask in a culture, worthy of respect and adherence, as they manage the employees under the POSH policy.

Anonymous Reporting Systems:

It also sets up anonymous reporting channels such as online portals, helplines, or suggestion boxes for easy employee reporting in the event of retaliation.

Ensure a standard common confidentiality in all reporting Procedures.

Audit Policy:

• Regular checks: review of workplace policies and practices towards workers from time to time to find loopholes and institute remedy action.
• Feedback Driven Changes: Policies keep changing due to employee feedback and emerging trends so that they do not become outdated.
• This establishes anonymous reporting channels-much online portals, helplines, or simply suggestion boxes so that employees can report without fear of retaliation. Ensure common confidentiality in all reporting Procedures.

Relief to Victims

Emotional and Legal Support:

• Access to counseling services to help victims recover emotionally and regain confidence.
• Legal Assistance or Counselling Provision for Victims on Understanding and Pathways to Navigate the Resolution Process.

 

Confidentiality and non-retaliation:

• A policy that guarantees confidentiality with respect to the complainant and the witnesses.
• These relate to retaliation against a complainant will be severely sanctioned.

Penalty of Employers for Non-Compliance

   Legal Consequences:

• Fine: The non-compliance with the POSH Act can lead to fines in the form of up to ₹50,000 for the first violations, finer penalties or cancellation of license for further violations.
• Court Intervention: A case of negligence may get filed in court and could be subjected to severe reputational and legal consequences.

  Reputational Damage:

• Loss of Trust: The organization’s image suffers because of its inability to comply, which makes it less attractive to the top talent and partnerships.
• Public Backlash: Harassment cases tend to rattle the media and put a brake on the market position of the company in concern.

Diversity and Inclusion

• Diversity Building: This is because it has policies under POSH-they create an environment where people from different genders, races, nationalities, and backgrounds feel respected and valued.
• Built-In: These sexual harassment-free environments encourage participation of previously underrepresented groups, which in turn leads to innovations and collaborations.
• Overreaching Goals: Has the organization culture as a function of global standards of diversity and inclusion, making it an even stronger competitive differentiator for the company.

 

Case Study or Examples

Case Study 1: Good Implementation of POSH

• Company X has been conducting half yearly POSH training workshops for its entire employees. It has put in place a strong anonymous reporting mechanism. The reporting cases of harassment reduced by 40% after a year and substantially improved employee satisfaction scores.

Case Study- 2: A Case of Non-compliance

• Company Y simply did not comply with legal obligations of forming Internal Committee. Consequently, it became the subject of a harassment lawsuit, shortly afterwards had incurred fines and near-universal public opprobrium-including severe financial losses and employee attrition.

Case study- 3: If a hire authority misbehaves outside the office to the person who works below his guidance, it also comes under the ICC (work harassment)

Hence, he is work below him it is difficult to address the issue, where is a chance he could be blackmailed

Cases for reference   (Casemine)

Monitoring and Feedback

• Feedbacks Mechanisms: Employee feedback regarding the efficacy of the POSH measures should be collected via surveys, suggestion boxes, and focus group discussions.
• Regular Reporting: The Internal Committee should provide annual reports on cases dealt with, resolutions achieved, and preventive measures taken.
• Policy Reviews: Organizations should continually review and improve POSH policies to capture new risks and improve alignment with best practices.

Contents in POSH Act filling:

Purpose:

It sets forth the aims of the policy, which zeroes in on a no-nonsense attitude to sexual harassment and the safe, equitable workspace.

Scope and Applicability:

Specify to whom the policy applies, namely to all employees and contract workers, and in what settings.

Definition/Glossary:

Provides definitions and explanations of terms used in the policy.

Policy/Process:

Policy Statement:

It is hereby expressed that POSH Act, 2013 is adhered to.

 POSH Committee:

Constitutes the Internal Complaints Committee (ICC) and details its responsibilities.

Responsibilities & Procedure:

Describes how and where complaints may be lodged and all procedures regarding      settlements.

Responsibilities of the ICC:

Overall duties include investigation, provision of hearings, and closure of cases.

The ICC Inquiry Process:

The mode of inquiry is described.

Actions by the ICC:

Lists the actions which ICC can take, including termination and counselling.

False or Malicious Complaints:   It also speaks about the disciplinary actions to be taken against malicious complaints.

 

Definitions:

What Constitutes Sexual Harassment:

Explains actions or behaviours deemed harassment.(as per mentioned above in the article)

What Constitutes a Workplace:

Defines the workplace*, including things happening offsite and during commuting.

 Who Is an Employee Under the Act:

Broadly represents a definition of an employee-under the Act.

 

 References:

Other policies and other legislation supporting the policy.

Special Circumstances and Exception:

Explains how deviations or exceptions to the policy are managed.

Non-Compliance and Consequences:

Offences against the policy include penalties for breaching confidentiality.

These contents form the basis for a structured and comprehensive prevention and treatment mechanism for sexual harassment in the workplace.

 

Penalty for not constitute a POSH Internal Complaints Committee (ICC)

Legal Consequences:

Non-compliance penalty: Penalties reaching up to 50,000 rupees may be levied against the organization for failing to constitute an ICC. Repeat violations may lead to imposition of bigger fines or suspend or cancel registration or license to continue the company.

Violation of law: The POSH Act requires an ICC to be established in workplaces having 10 or more employees, and drawing a non-compliance will amount to violation of law subjecting the organization to judicial proceedings.

Increased Legal Liability: Since grievance redressal mechanisms are non-existent, there shall not be any formal channel for lodging complaints of sexual harassment by employees in the absence of an ICC. This might entail filing lawsuits directly against the company.

Direct employer liability: Without an ICC, the organization becomes personally liable for the incidents of harassment which will increase the institutions at the risk of penalties by courts and compensation payouts at large.

 

Reputational damage:

A public and media ridicule: The name of the company can be seriously tarnished with bad publicity in the event of cases of harassment and the said company is found non-compliant.

Loss of Client Trust: Clients and partners may distance themselves from a company perceived as unsafe or unethical.

Impact on Workplace Environment:

• Dysfunctional Work Environment: The absence of an ICC could make the employees vulnerable and, thereby lower their morale and contribute to a toxic workplace setting.
• Increase in Harassment Incidents: It would encourage perpetrators in making them feel that there will be no consequences to their action, resulting in a higher volume of harassment cases.

Challenges in Recruitment and Retention:

• High Attrition Rate: An unsafe work environment can cause people, more so women, to leave the organization.
• Difficulty Attracting Talent: A new employee might forfeit opportunities within the organization if it somewhat earns a reputation for neglecting workplace safety.

Government Scrutiny:

• Audits by Government: Any complaints hitting government minds may draw investigation or audits by authorities, further reducing the company’s credibility.

How to Avoid These Consequences:

“Internal Complaints Committee” for compliance with the POSH Act and protection of the organization:

• Constitute an Internal Complaints Committee of at least 4 members who would include a senior woman employee as chairperson and an outside NGO/legal member.
• Provide training for ICC members and employees to effectively handle complaints.
• Ensure annual reports on the POSH compliances reach the District Officer. The law violation of “not forming ICC” is serious also in governance since it involves the company in both operational risk as well as reputational damage.

                     

*Workplace: workplace is a place or environment where people carry out assignments or jobs allotted by his/her employer or organization. These places vary based on what the job really does-from inside work at an office to outside work at an open-air construction site. Each industry is different in its demands or requirements and takes a lot in terms of how and where its operations will take place)          

 

This article contributed by Mr. Mayavan MA

For professional support on the POSH Act, implement, reach out to Prakasha And Co trusted legal partner in Bangalore for all corporate-legal related services.

 

 Disclaimer:
This POSH article is intended solely for informational purposes. It does not constitute legal advice and should not be considered as a final or authoritative source on the Prevention of Sexual Harassment (POSH) Act or its application. For the implementation of POSH Act compliance measures in your organization or for specific legal consultation, you are encouraged to reach out to Prakasha & Co., a corporate law advisory firm.