Skip to main content

An insight into POSH Act

 




In our country about 38% of woman have faced sexual harassment at work place and 68.9% has refrained themselves from complaining about it.  It became essential to introduce such law which protects women form such atrocities. Sexual harassment at work place curbs the fundamental rights of woman which are article 14,15 and most importantly article 21. POSH (Prevention of Sexual Harassment at Workplace) act was introduced years later the infamous judgement came in the case of Vishakha and others v State of Rajasthan, 1997. Where a woman named Bhanwari Devi a social worker was gang raped while she was working to stop a cruel practice of child marriage widely prevalent at that time. This act was introduced to prevent, prohibit and redress acts of sexual harassment at workplace and it made Vishakha guidelines even more robust. These guidelines were instated by Ministry for Women and Child Development on 9 December 2013. This act defines terms like workplace, the extent of law, also guidelines are laid down, which will amount to sexual harassment and beneficiaries of this act. This act does not only include workplace but also vehicles and transport facility provided by the companies, protection of employees from non-employees like courier service, delivery persons etc. Also visits at different places by employees for work or any other thing associated with it. This act directs to establish an Internal Committee at every workplace with more than 10 employees and this committee will be responsible to hear and redress the complaints of sexual harassment. This act ensures all women are protected even though who do not meet the criteria of more than 10 employees. For that this act mandates establishment of Local Committee in every District. This committee is also responsible to conduct in depth inquiry of the complaints. POSH act also impel employer to conduct seminars to enlighten its employees regarding the act and provide POSH training to its employees as well. Non-compliance of this act’s guidelines can lead to stringent repercussions like a penalty of 50,000 RS, if extended can also lead to withdrawal of license or their registration to carry out business can be cancelled. Application of the POSH act makes “workplace” “work safe”. It encourages more and more employees to come forward and avail appropriate remedy for the trauma they have been faced. The POSH act was much awaited in the upliftment of women. This act became extremely importance after there was spur in the cases of sexual harassment at workplace. Even though after such stringent laws’ cases of sexual harassment at work place have been increased by 45% from 2014 to 2017. Work safety is an essential and indispensable requirement because without such an environment an employee will have no job satisfaction and it will also have grave effects on mental health of a person which will eventually degrade. A world-wide movement was started by Tarana Burke, an advocate for women in New York to empower women to come forward and speak about their experiences on an international level. It consists of women who have suffered sexual assault and violence at workplace, home, public place or in any other situation. Acts like POSH is introduced not only to prevent sexual harassment but also to empower them, so they can come out and speak without any fear and hesitation. 

-By Bhuwaneshi Gupta

Comments

  1. POSHADVOSeptember 14, 2022 at 1:58 AM

    This blog is really informative because nobody has the proper knowledge about the Posh Act and legal action for this.

    see more about the Best Posh law advisor and The Posh Act

    ReplyDelete

Post a Comment

Popular posts from this blog

Company Prospectus

                                                     The most basic benefit of company law incorporation is that it invites the general public to invest in them. A business with a rating of incorporation owes its establishment to either a special Act of Parliament or company legislation. A corporation is more than just a legal entity. It's more of a legal device for achieving a social and economic goal. As a result, it's a multi-faceted political, social, economic, and legal entity. As a result, the term "business" has been defined in a variety of ways. It is a method of cooperation and organization used in the functioning of a business. According to Lord Justice Lindley, an organization is "an association of several persons who contr...
Post a Comment
Read more

Criminal Defamation Law against right to freedom of speech.

“ Criticism may not be agreeable, but it is necessary. It fulfils the same function as pain in the human body; it calls attention to the development of an unhealthy state of things'' -By Winston Churchill. Right to freedom of speech and expression is a fundamental right guaranteed by the Indian constitution part 3. Article 19 (1) states that “all citizens shall have the right to freedom of speech and expression” . Though fundamental rights are not absolute in nature they are exercised within reasonable restrictions. A human being has no standing in the real world if he can not exercise the right to freedom of speech and expression freely. He becomes utterly invisible in this world. The right to freedom of speech and expression fortifies our identities and it is of extreme importance to express one's view in a democratic country. Article 19 (1) does not only mean the right to freedom of speech but also freedom to criticize freely. Be it any person, politician or government. ...
Post a Comment
Read more

COVID-19 AND EMPLOYMENT

      YOU ARE FIRED In March 2020, the entire nation went for lockdown due to COVID -19. The situation forced many of the Public and Private Sectors to go for the idea of Work from Home. The company has two important aspects Employer and Employee. An employer is the one who engages one’s work or service whereas an employee is the one who works for others after the appointment.       The appointment of the employee is done with the common way of the interview. During the interview and after the interview, the employers make their employees sign a legal contract that follows some rules and regulations of the company or institution. The legal contract is nothing but a promise between you and the company and in short, Job security. https://www.facebook.com/advocateupadhyeandassociates/ The contract has terms and conditions like the employees have to give a month prior notice before the resignation, the employee is bind with the compa...
Post a Comment
Read more