POSH Act

1. Training and Capacity Building Services
for One Stop Centres & Related
Functionaries for Gender Responsive
COVID-19 Recovery
Shameem Sheik Dastagir
27th & 28th Sepember 2022
ICSA, Chennai

2. Nazariya – Short film by UN Women
 https://youtu.be/MjRcjAkb8_4

3. CEDAW
• GOI signed the Convention on the Elimination of All Forms
of Discrimination Against Women ( CEDAW) in 1979 and
Ratified this in 1993.
• This is an International Bill of Rights for women and calls for
the equality of women and men in terms of human rights and
personal freedoms in the political, economical and social,
cultural and civil spheres. It underlines that discrimination
and attacks on women’s dignity violates the principle of
Equality.

4. The Vishaka Judgment - 1997
 Supreme Court acknowledged that:
 Sexual harassment is a human rights violation
 Sexual harassment is a violation of the constitutionally
guaranteed fundamental rights:
 Articles 14 and 15: Right to equality
 Article 21: Right to life - to live with dignity
 Article 19(1)(g) - Right to practice any
profession/trade/occupation/business, i.e., a right to a safe
environment free from harassment

5. The Vishaka Judgment - Guidelines
 Employer’s duty to
 Prevent and prohibit acts of sexual harassment Article 21: Right
to life - to live with dignity
 Redress and resolve grievances pertaining to sexual
harassment
 The Guidelines = Law, until such time a legislative frame
work on the subject is enacted

6. Indian Laws on Sexual
Harassment 1997:
The
Constitutio
n of India
Vishaka vs.
State of
Rajasthan
The Sexual
Harassment of
Women at
Workplace
(Prevention,
Prohibition and
Redressal) Act,
2013
The Indian
Penal
Code,
1860

7. Sexual Harassment at workplace Act 2013
 Sexual Harassment constitutes gross violation of women’s right to dignity
and equality.
 Sexual harassment at workplace has assumed huge proportions, but women
still do not come out and report as there is fear of reprisal from the
harasser, losing one’s job, being stigmatized, losing professional standing
and personal reputation.

8. Workplace Sexual
Harrassment- What is it?
 No woman will be subjected to sexual harassment at any
workplace
 Aggrieved woman is: co-worker,contract
worker,probationer,trainee,apprentice, women working in
dwelling place/house

9. What is the ‘Workplace’?
 Any place visited by the employee as part of
 the job/employment, including transportation
 provided by the employer for the journey.
 Workplace covers both organised and unorganised sector
 Govt org, including govt company, corpotarions and cooperative societies,
 Private sector orgs, ventures, society, NGO,or service providers
 Hospitals nursing homes etc

10. Sexual Harassment
Making sexually
colored remarks
A demand or
request for
sexual
favors
Showing
pornography
Sexual
Harassment
Physical
contact
and advances
Unwelcome physical,
verbal or non-verbal
conduct of sexual
nature
Offensive comments
 or jokes

11. What is Sexual Harrassment at Workplace
Important that often such acts start in an innocent manner but the fact that
it can be unwelcome makes it sexual and it is often to do with power
relations
 Persistently asking someone out, despite being turned down
 Caressing ,kissing, fondling against her will ( could be considered
assault)
 Stalking an individual
 Abuse or authority of power to threaten a person’s job or undermine her
performance against sexual favours
 Falsly accusing and undermining a person behind closed doors for
sexual favours
 Controlling a person’s reputation by rumour mongering about her
private life

12. More examples of Sexual
Harrassment
 Inaapropriate questions, suggestions, or remarks about a
person’s sexual life
 Displaying sexist or offensive pictures/posters or sms, mms,
what’s app or emails
 Indimation, threats, blackmail around sexual favours
 Threats, intimidation or retaliation against an employee who
speaks up about unwelcome behaviour with sexual
overtones

13. Examples of workplace behaviour maybe
workplace sexual harrassment and merit
inquiry
 Criticising, insulting, blaming, reprimanding or condemning employee in
public
 Exclusion from groups activities or assignments without valid reason
 Statements damaging person’s reputation and career
 Removing areas of responsibility unjustifiably
 Inappropriately giving too much or too little work
 Excluding and making the person feel isolated

14. Examples of workplace behaviour that is not workplace
sexual harrassment
 Follow-up on work absences
 Requiring performance to job standards
 Normal exercise of management rights
 Work-related stress eg:meetingdeadlines or quality
standards
 Conditions of work
 Constructive feedback on the work mistake and not the
person

15. Prevention Mechanisms
 It is mandatory to set up the complains committee to
address issues of Sexual Harassment at workplace
 Two types of committees are there
1. Internal Complaints Committee
2. Local Complaints committee
3. 50% have to be women

16. Local Complaints Committee
 The Act envisages forming such Committee to address
grievances of women when :
1. Internal Complaints Committee has not been constituted if
the establishment has less than 10 workers.
2. If the Complaint is itself against the said employer himself.
 The District Officer shall designate one Nodal Officer in every
block, taluk in rural or tribal area and ward or municipality in the
urban area, to receive complaints and forward the same to the
concerned Local Complaints Committee within a period of
seven days.
 The said Committee will consist of One eminent Women in the
field of social work, one women from the block or ward etc. two
members of whom atleast one women to be nominated from
NGO.

17. Preventive and Redress Mechanism
 Employer has to constitute the Internal complaints committee through a
written order.
 The term of the committee would be 3 years
 Comprise of minimum 4 members
 Chairperson a woman from the senior management committee
 2 members from amongst employees, who are committed to the cause of
women/social work
 An external member from NGO works on issues of women and familiar with
issues of sexual harrassment

18. Preventive and Redress
Mechanism
Criteria for the external member
 Atleast 5 years experience working on issues related to
women especially violence issues
 Desirable that she has knowledge of the law and familiar
with labour and criminal law

19. Redress Mechanism
 Who can complain to the ICC:
Incase of physical incapacity
 Relative of Complainant
 Friend of complaintant
 Co worker
 Officer of NCW/SCW
 Any other person can give written complaint with
complainant's consent

20. Redress Mechanism
Incase of mental Incapacity
 Relative
 Friend
 Special educator
 Psychiatrist
 Guardian/authority under whom she is being
 Cared for
 Any other person aware of the incident jointly
 with any of the above

21. Content of Complaint
 Description of the incident
 Date and Timings
 Respondent’s name
 Working relationship of the two

22. Grievance Redressal Process
Incident of Sexual
Harassment
Complaint made
to ICC/LCC
Settlement
 Not monetary;
 ICC to record
settlement and
forward to LCC
and parties
 No further
inquiry
INQUIRY
Reasons for delay to
be recorded in writing
Beyond 3 months
3 months
Employee
requests for a
settlement
No
settlement
Employee does
not request for
settlement
Beyond 3
months

23. Procedure
 Complainant submits in writing within three months of the incident to the
ICC.
 On receipt of the complaint the ICC will within 7 days inform the respondent
 The respondent will have the opportunity to respond in writing with 10 days
of hearing from ICC.
 If the complainant is not comfortable to attend work, she can be given leave
or seek transfer or transfer of the respondent. The leave granted
to aggrieved woman shall be in addition to
the leave she would otherwise be entitled).
 The respondent cannot supervise or give performance reviews so that
further harrassment is prevented

24. Complaints Committee
 Dos
-create an enabling environment
-give complete attention to both parties
-Treat complainant with respect
-Disregard pre determined ideas
-determine the harm

25. Complaints Committee
 Don’ts
-get aggressive
-insist on graphic description of the sexual harm
-Interrupt
-Discuss the complaint in the presence of the complainant and the respondent
Non-Negotiables
Confidentiality, non-retaliation, recommend interim measures and
conduct fair inquiry

26. Inquiry Procedure
Inquiry
Principles of
natural justice to
be followed
Inquiry report to be
submitted to the
Employer and the
parties
No action to be taken;
Assessment of whether
charges are
false/malicious
• ICC/LCC to inquire into whether
the allegations were made with a
malicious intention.
• Inability to substantiate the
complaint or provide adequate
proof doesn’t not amount to
malice.
Punishment as per
service rules;
Monetary penalty
payable to the
aggrieved woman
Appeal to
court/tribunal
Allegation
not proved
Allegation proved
[within 60 days]

27. Procedure
 Both parties are given a fair hearing by the ICC
 The ICC will need to prepare a proper report with all
the necessary documentation
 The inquiry must be completed within 90 days.
 The ICC submission of report to the employer within
10 days after inquiry is completed
 The employer/district officer is obliged to act within
60 days.
 If complainant is not satisfied with the inquiry, she is
free to take the matter to the court
 Can go for appeal within 90 days of the
recommendations

28. Section 14 : False or Malicious Complaint
Where the Committee arrives at a conclusion
that the allegation against the respondent is
false or malicious or the woman has
produced any forged or misleading document
it may recommend to the employer or to the
District Officer as the case may be, to take
action against the woman in accordance with
the service rule or such other action as it may
deem fit.

29. Provided that a mere inability to
substantiate a complaint or provide
adequate proof need not attract action
against the complainant under this
section.
Provided further that the malicious intent
on part of the complainant shall be
established after an enquiry in
accordance with the procedure
prescribed, before any action is
recommended.

30. Extempore skit for two minutes using provisions of the Act

31. THANK
YOU!