Laws in India for Sexual Harassment at Workplace

India has a robust legal framework to address sexual harassment at the workplace, emphasizing prevention, prohibition, and redressal. The key legislation is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, often referred to as the POSH Act. Below are the details of this act and related laws:

1. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)

Objective:
The act aims to provide protection against sexual harassment of women at the workplace and ensure a safe working environment.

Key Provisions:

1. Definition of Sexual Harassment
   Includes unwelcome acts such as:

   • Physical contact and advances
   • Demand or request for sexual favors
   • Making sexually colored remarks
   • Showing pornography
   • Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

2. Applicability

   • Covers all workplaces, including government, private organizations, and informal sectors like domestic workers.
   • Applies to both employees and visitors.

3. Employer’s Responsibilities

   • Establish an Internal Complaints Committee (ICC) for organizations with 10 or more employees.
   • Display a notice about the act’s provisions and the penalties for violations.
   • Conduct awareness programs and employee training.

4. Redressal Mechanism

   • Complaints can be filed within three months of the incident.
   • The ICC must complete the inquiry within 90 days.
   • Recommendations may include disciplinary action, compensation, or counseling.

5. Penalty for Non-Compliance

   • A fine of up to ₹50,000 for failing to implement the provisions.
   • Repeat offenses may lead to cancellation of business licenses.

2. Indian Penal Code (IPC)

In addition to the POSH Act, sexual harassment is also addressed under the IPC:

1. Section 354A:

   • Defines and criminalizes sexual harassment, including unwelcome physical contact, advances, or sexually colored remarks.
   • Punishment: Imprisonment up to 3 years or a fine, or both.

2. Section 354:

   • Criminalizes assault or criminal force used to outrage a woman’s modesty.
   • Punishment: Imprisonment of 1-5 years and a fine.

3. Section 509:

   • Penalizes words, gestures, or acts intended to insult the modesty of a woman.
   • Punishment: Imprisonment of up to 3 years and a fine.

3. Industrial Employment (Standing Orders) Act, 1946

This act mandates that employers in industrial establishments incorporate provisions against sexual harassment in their workplace rules and policies.

4. Vishaka Guidelines (1997)

Before the POSH Act, the Vishaka Guidelines issued by the Supreme Court in the case Vishaka v. State of Rajasthan served as the legal framework to address workplace harassment. These guidelines:

• Defined sexual harassment.
• Mandated the formation of redressal committees.
• Highlighted the responsibility of employers to prevent harassment.

Challenges in Implementation

1. Lack of awareness among employees about their rights.
2. Ineffective or non-functional ICCs in many organizations.
3. Underreporting due to fear of stigma or retaliation.

Conclusion

India’s laws against workplace sexual harassment provide comprehensive protection and redressal mechanisms. However, their success depends on effective implementation, awareness, and cultural shifts in workplace dynamics to ensure respect and equality for all employees.