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Akshay (Advocate)     03 February 2020

What is posh act?

What  is POSH Act all about  and when it was enacted? How it is different from other Laws?



Learning

 5 Replies

Joy Bose   04 February 2020

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, also known as POSH Act. This Act specifically deals with workplace s*xual harrasment of women. The POSH Act runs alongside with the company's guidelines. Many companies have made this law gender neutral.

Akshay (Advocate)     04 February 2020

Any case regarding the same

Dr J C Vashista (Advocate)     05 February 2020

What is your concern/ locus standi to the question paper ?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 February 2020

Workplace s*xual harassment is a form of gender discrimination which violates a woman’s fundamental right to equality and right to life, guaranteed under Articles 14, 15 and 21 of the Constitution of India (“Constitution”). Workplace s*xual harassment not only creates an insecure and hostile working environment for women but also impedes their ability to deliver in today’s competing world. Apart from interfering with their performance at work, it also adversely affects their social and economic growth1 and puts them through physical and emotional suffering. India’s first legislation specifically addressing the issue of workplace s*xual harassment; the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) was enacted by the Ministry of Women and Child Development, India in 2013. The Government also subsequently notified the rules under the POSH Act titled the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (“POSH Rules”). The year 2013 also witnessed the promulgation of the Criminal Law (Amendment) Act, 2013 (“Criminal Law Amendment Act”) which has criminalized offences such as s*xual harassment, stalking and voyeurism. The POSH Act has been enacted with the objective of preventing and protecting women against workplace s*xual harassment and to ensure effective redressal of complaints of s*xual harassment. While the statute aims at providing every woman (irrespective of her 

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 February 2020

1. Statement of Objects and Reasons, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. age or employment status) a safe, secure and dignified working environment, free from all forms of harassment, proper implementation of the provisions of the statute remains a challenge. Although the law preventing s*xual harassment at workplace has been in force since 2013, there remains lack of clarity on various aspects pertaining to the statute, including what constitutes s*xual harassment, obligations of an employer, remedies/safeguards available to the victim, procedure of investigation, etc. Many are also not fully aware of the criminal consequences of s*xual harassment. Lewd jokes, inappropriate comments etc. are dismissed as normal, with women being hesitant to initiate actions due to apprehension of being disbelieved or ridiculed; which underpins the need for greater awareness and greater enforcement. Any tool would be useless if the person operating it is unaware of the way it is to be used. Therefore, the objective of this booklet is to serve as a ready reckoner to all the stakeholders and re-educate them on the law relating to workplace s*xual harassment. This booklet focusses mainly on the POSH Act and other relevant laws in India pertaining to workplace s*xual harassment. Further, the objective of this booklet is to create more awareness on the issue and simultaneously equip employers in providing women a safe and s


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