PoSH

What is the primary objective of the POSH Act, 2013?

3/14/2025

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) aims to safeguard women from sexual harassment at the workplace. Its objectives stem from the recognition that sexual harassment violates a woman's fundamental rights to equality, dignity and safety, as guaranteed by the Constitution of India.

The Act provides a robust framework for prevention, prohibition, and redressal of complaints of sexual harassment, creating a safe and respectful work environment for women.

Key Objectives in Detail
1. Protection Against Sexual Harassment: The primary goal is to protect women from any unwelcome act or behaviour, whether physical, verbal, or non-verbal, of a sexual nature.

Example: A female employee receiving inappropriate comments or advances from a male colleague during work hours. Under the POSH Act, such behaviour would constitute sexual harassment, and the employer is obligated to address it.

2. Redressal Mechanism: The Act mandates the establishment of Internal Committees (IC) or Local Committees (LC) to provide an accessible and confidential platform for women to voice grievances.

Example: If a woman reports repeated instances of harassment by her supervisor, the IC investigates the matter, ensuring fair treatment and protection from retaliation.

3. Prevention of Harassment: The POSH Act emphasizes preventive measures, such as conducting awareness programs and training sessions for employees about workplace behaviour and the consequences of violations.

Example: A company may organize workshops to educate employees about what constitutes sexual harassment and the steps to report it, fostering a respectful work environment.

4. Upholding Constitutional Rights: The Act reinforces:

Equality before the law (Article 14): Women have the same legal protections against discrimination and harassment as men.
Prohibition of discrimination (Article 15): Gender-based harassment, including sexual harassment, is a form of discrimination.
Right to life with dignity (Article 21): Women have the right to live and work with dignity in an environment free of harassment or intimidation.
Example: A woman denied a promotion due to her refusal to tolerate sexual advances has her fundamental rights violated. The POSH Act enables her to seek redress and ensures accountability for the perpetrator.

5. Aligning with International Standards: The POSH Act fulfils India's commitment to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which emphasizes the right of women to work in safe environments.

Example: Adopting comprehensive anti-harassment policies in organizations aligns with international standards and bolsters India's global standing on gender equity.

Illustrative Example Based on Preamble and Articles
Scenario: A female journalist faced repeated unwelcome advances and inappropriate remarks from her senior editor. Despite reporting the behaviour to her HR department, no action was taken due to the editor's influence.

Violation of Articles 14, 15, and 21: The journalist's right to equality and dignity at the workplace was undermined. She was discriminated against based on gender, and her personal liberty to work in a safe environment was violated.
POSH Act Implementation: Under the POSH Act, the media organization must constitute an ICC to investigate the matter impartially. If found guilty, the editor could face strict penalties, including dismissal, while the journalist receives justice.

Conclusion
The POSH Act, 2013, is not just a legal remedy but a crucial step toward creating gender-inclusive workplaces where women can work with dignity, free from fear of harassment. By upholding constitutional values and aligning with global human rights standards, the Act ensures workplaces are equitable, respectful, and conducive to professional growth.

Disclaimer: This document is for educational purposes only and does not constitute legal advice.