POSH ACT

POSH ACT 



THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 ACT NO

14 OF 2013 [22nd April, 2013] An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business with includes a right to a safe environment free from sexual harassment; AND WHEREAS the protection against sexual harassment and the right to work with dignity are universally recognized human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India; AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace


Short title, extent and commencement.—

  1. This Act may be called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
  2. It extends to the whole of India. 
  3. It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), July 9, 1993

The POSH Act has taken from this convention, aspects of equality of women in the workplace, gender-specific violence, and unwelcome sexually colored behaviour and adopted them to come out with a strong legislature.

Article 14, 15 & 21 of the Constitution The Act is grounded in these specific provisions of the Indian constitution:
  • Guarantee of the right to life and liberty (Article 21) 
  • Right against discrimination (Article 14)   
  • Freedom to practice any trade or profession without hindrance (Article 19(1)(g))
Thus, drawing from these three major sources, the POSH Act 2013 was framed and came out as a powerful, protective sexual harassment law for working women of all strata.

The Act defines sexual harassment as:
  1. Physical contact and advances 
  2. Demand or request for sexual favors 
  3. Making sexually colored remarks
  4. Showing pornography 
  5. Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature
Apart from these, the Act also states that the following circumstances may constitute sexual harassment (whether implied or explicit):

  • Promise of preferential treatment in employment 
  • Threat of detrimental treatment in employment 
  • Threat about present or future employment 
  • Creating an intimidating or offensive or hostile work environment 
  • Humiliating treatment potentially endangering health or safety \

Duties of Employers The POSH Act prescribes certain duties of the employer to provide a safe working environment for persons in the workspace. Set out below are some of the duties which are required to be performed by the employers:
Provide a safe working environment 

  1. Display at any conspicuous place at the workplace the penal consequences of workplace sexual harassment and the order constituting the IC 
  2. Conduct PoSH training programs from time to time to create awareness and sensitize employees at all levels 
  3. Conduct orientation programs for the members of the ICC 
  4. Provide necessary facilities to the members of the ICC 
  5. Assist the aggrieved woman to secure justice under the IPC
  6.  Monitor the timely submission of the reports by the IC

Legal Basta law firm actively supports in term of Free Legal assistance- and legal help to the victims of sexual abuse and always take legal stand for the legal rights of child and women…

contact us for 24 hours free legal assistance at 8800548696




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