The PoSH Law – What it Mandates, The Penalties, and Prevention of Sexual Harassment

0
213
views

Sexual harassment has always been the hidden reality of the corporate world. But since the #MeToo movement from the west has hit the Indian shores, more and more incidence of workplace sexual harassment are coming to one’s notice.

But why did it take a simple ‘hashtag’ for women to speak up against inappropriate workplace behavior?

In the past, women were not aware of their rights as an employee (or even a client or customer). And there was no law in place to protect women against workplace sexual harassment. But with the enforcement of the PoSH law, women finally stood up against the wrongdoers because they had legal aid.

What is The PoSH Law?

Sexual Harassment violates 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, which includes a right to a safe environment free from Sexual Harassment by providing Sexual Harassment Training.

The increasing incidences of sexual harassment in the workplace added to the urgency of a law that would protect women and constitute a safe and healthy workplace.

The PoSH law can into existence in 2013 to make workplaces safe and secure.

“Sexual Harassment” includes:

  • Physical contact and advances
  • Demand or request for sexual favors
  • Making sexually colored remarks
  • Showing pornography, or

Consequences of Non-Compliance

The PoSH law made it mandatory for every organization to conduct awareness training modules among its employees, management, and even the employer. This step was taken to educate the work forces about their rights and the penalties to sexually harassing someone in the workplace.

Any failure in regard to compliance with the PoSH law can heavily cost the organization. Some provisions under the PoSH Law include:

  • When the employer fails to constitute an Internal Committee or breaches provisions of this Act or any rules made there under, they shall be punishable with a fine of fifty thousand rupees (INR 50,000).
  • If any employer, after having been previously convicted of an offense punishable under this Act, subsequently commits and is convicted of the same offense, he shall be liable to twice the punishment.
  • Extended penalties shall be
  • Cancellation or withdrawal of his license.
  • Non-renewal, or cancellation of the registration.

Work safe – Prevent Sexual Harassment

Prevention of sexual harassment in workplaces is needed now more than ever. We at Rainmaker, are dedicated to the same and help organizations like yourself create a healthy work environment.

A safe workplace is not only a necessity for the female employee but also male employees. Ensure PoSH compliance in your organization today and prevent incidences of sexual harassment in the future. Constitute a sexual harassment-free workplace with awareness and training modules today.

LEAVE A REPLY

Please enter your comment!
Please enter your name here