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The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly referred to as the POSH Act, is a landmark legislation enacted by the Government of India aimed at safeguarding women from sexual harassment in the workplace. This Act emerged as a response to the pressing need for legal protection against workplace harassment, which has been a pervasive issue in a patriarchal society like India. The POSH Act was introduced following the Supreme Court's Vishaka Judgment in 1997, which established guidelines mandating employers to implement mechanisms for addressing grievances related to sexual harassment. The Act came into effect on December 9, 2013, and applies to all workplaces across both organized and unorganized sectors in India, ensuring that women can work in a safe and dignified environment free from harassment.
The POSH Act defines sexual harassment broadly, encompassing unwelcome physical contact, sexually colored remarks, requests for sexual favors, and any other unwelcome conduct of a sexual nature. It mandates the establishment of Internal Complaints Committees (ICCs) at workplaces with ten or more employees to handle complaints effectively. The Act emphasizes the need for employers to create awareness about sexual harassment and provide a secure working environment.
Despite its comprehensive framework, compliance with the POSH Act remains a challenge. Reports indicate that many organizations have not fully implemented its provisions, with significant gaps in awareness and enforcement. For instance, as of May 2023, it was reported that half of India's sports federations had yet to establish the required ICCs. The Supreme Court has expressed concerns regarding the implementation of the Act, highlighting that lapses in enforcement have led to many women feeling compelled to leave their jobs rather than confront harassment.
Overall, while the POSH Act represents a significant step towards protecting women's rights in the workplace and promoting gender equality, ongoing efforts are needed to ensure its effective implementation and to foster an environment where women can report harassment without fear of retaliation.
This book is a comprehensive guide covering below topics
1. Overview of the POSH Act
2. Types of Sexual Harassment
3. Implementation Mechanisms
4. Rights of Complainants
5. Responsibilities of Employers
6. Gender Sensitization Initiatives
7. Legal Framework Beyond POSH
8. Challenges in Implementation
9. Impact on Workplace Culture
10. Role of Technology
11. Awareness Campaigns
12. Global Perspectives on POSH
13. Future Directions
14. Case Studies and Real-Life Examples
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