PoSH

A mandatory compliance at the workplace

What is PoSH?

PoSH (Prevention of Sexual Harassment) refers to the Prevention of Sexual Harassment at the Workplace Act, 2013, a landmark legislation in India designed to protect individuals—especially women—from sexual harassment at work. The law not only aims to prevent harassment but also provides a robust framework for addressing and resolving complaints.

Origin: The Bhanwari Devi Case

The PoSH Act has its origins in the Bhanwari Devi case of 1992, a watershed moment in India’s fight against workplace harassment. Bhanwari Devi, a social worker from Rajasthan, was gang-raped by upper-caste men as retaliation for trying to prevent child marriage. Her pursuit of justice, despite facing societal pressure, revealed the gaps in the legal system’s protection against sexual harassment, especially in workplaces.

This case led to the Vishaka Guidelines established by the Supreme Court in 1997, which laid the foundation for workplace harassment laws in India, recognizing sexual harassment as a violation of women’s fundamental rights.

The key objectives of PoSH are to:

Prevent and prohibit sexual harassment at work.
Provide a clear and robust procedure for addressing complaints.
Ensure safe and respectful working environments for all employees.

It mandates organizations to:

Form an Internal Committee (IC) to address complaints.
Conduct regular awareness and training sessions.
Implement and frame policies that foster a harassment-free workplace culture.

In case of non-compliance with the Act:

Non-compliance with the PoSH Act can lead to significant legal, financial, and reputational consequences for organizations. Legally, companies face fines of up to ₹50,000, with repeat violations leading to double penalties and possible business license cancellation. Beyond monetary penalties, non-compliance damages a company’s reputation, leading to loss of trust from employees and clients, negative media coverage, and challenges in attracting talent. Internally, it can result in low employee morale, high attrition, and reduced productivity. Organizations may also face lawsuits from victims, which can lead to expensive settlements, and, in some cases, criminal liability for top management or responsible individuals.