Abstract
This study looks at how well-informed Indian workers and companies are about the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). It examines how well the Act has been applied, paying special attention to reporting procedures, rights awareness, and Internal Complaints Committee (ICC) operations. The study makes use of secondary sources, such as reports, media coverage, and court rulings, in addition to primary data, which was gathered via a structured survey. Important conclusions show that there is a big disconnect between the law and how it is actually applied, especially in small and unorganized sector firms. In addition to highlighting problems including poor reporting, ignorance, and noncompliance, the paper offers workable solutions to improve worker safety. The objective is to evaluatethe actual implementation of the POSH Act and promote a more responsible, educated, and inclusive workplace culture in India.
• Keywords: POSH Act, 2013, Workplace Sexual Harassment, Internal Complaints
Committee (ICC), Legal Awareness and Compliance, Gender Justice at Workplace, Underreporting of Harassment Cases.
Introduction
The POSH Act, also known as the Prevention of Sexual Harassment of Women at Workplace (Protection, prohibition and Redressal) Act, 2013 is a very important legislation in India and is aimed towards preventing and taking care of sexual harassment of women at workplace.
This Act was created to protect women from sexual harassment at workplace and create a safe and healthy work environment where women can work freely and with dignity without the fear of being harassed and discriminated.
The POSH Act was made by the Indian Government in 2013 to protect women in India from Sexual Harassment that take place at workplace. This legislation helps the courts to broaden the view of sexual harassment at workplace, and it has included things like unwanted physical contact or advances, asking for sexual favors, making inappropriate sexual comments, showing pornography, or any other unwelcome behavior of a sexual nature, whether it’s spoken, written, or even gestures to be considered as Sexual Harassment at workplace. This Act makes an obligation for the employer to recognize sexual harassment as misconductand set up an Internal Complaints Committee (SCC) in workplace with 10 or more workers.
Awareness and Understanding have two different meanings,
Awareness means and includes:
- Having idea and knowledge of the POSH Act that it exists, and women have such a remedy under law.
- To have the knowledge that such a law applies to all workplaces and work-related places including offices, colleges, NGOs, housework and even virtual environments.
- To have the knowledge of rights available to women at workplace regarding harassment and safe working environment.
- Knowledge of the Internal Complaints Committee (SCC) and its purpose.
Understanding includes a deeper meaning:
- To know how the POSH Act works, its procedures, timeframes, responsibilities of the employer, employees, and penalties for non-compliance, etc.
- To understand what is meant by sexual harassment under the law and its types which includes verbal, physical, psychological, non-verbal, online, etc.
- To understand how the complaint is filed, the kind of support which is available at the time of inquiry into its process and the expected outcomes are important.
- To recognize the higher purpose of the Act, that is, to promote respect, dignity, a safe environment, mental peace and equality at the workplace.
Sexual harassment at the workplace is a persistent issue affecting women across sectors. The POSH Act was introduced in response to the Vishakha Guidelines put out by the Supreme Court in 1997. The Act specifies procedures for redress and permits the establishment of Internal Complaints Committees (ICCs) in any firm with more than ten employees. This research attempts to examine how well the provisions of the POSH Act are identified, understood, and used, notably in educational institutions and commercial organizations.
Methods of Research
This study looks at working professionals’ awareness and comprehension of the POSH Act using both quantitative and qualitative research methodologies using a mixed-method approach.
Primary Research: People from a variety of industries, including business, education, services, and the unorganized sector, were the target of a structured online survey. The POSH Act, the availability and efficacy of Internal Complaints Committees (ICCs), and the readiness to report occurrences were the main topics of the questionnaire. Simple percentage techniques were used to examine the anonymized responses.
Secondary Research: To give contextual and legal backdrop, information was also obtained from government publications, journal articles, legal texts, and reliable media stories. To learn how judges have interpreted workplace harassment, important case lawslike Vishaka v. State of Rajasthan and Medha Kotwal Lele v. Union of India were reviewed.
By referencing well-established legal frameworks and literature, this methodology enables a grounded, practical understanding of how the POSH Act operates in actual situations.
Background of the POSH Act’s Law, In India women comprises of almost fifty percent of total population. There is not any single field where women are not actively participating in, because of this the areas which were considered as exclusively reserved for men are now open for women. The positive change in the society was again changed by some horrifying events that took place in the society like assault, rape and harassment by men. The treatment of women like objects and torturing and harassing women employees in the workplace and not having any remedy against such harassment. This violated the fundamental rights of women throughout the country as provided under our constitution.
This is a violation of Article 14 (Right to Equality) of the Constitution. There was also a violation of Article 15 and 16 which provides (no discrimination on the grounds of caste, religion, sex, and the equality of opportunity respectively.
After these incidents it become necessary to draft the POSH Act for the protection of the fundamental rights of women at workplace. The horrifying incident of Vishakha where the women named Bhanwari Devi, a government employee was harassed by a group of people and that is how it led to the formation of famous Vishakha Guidelines.
The Supreme Court recognized sexual harassment as a breach of women’s fundamental rights in the Vishakha v. Rajasthan (1997) ruling, which served as the impetus for the POSH Act. The judgement by the Rajesthan High Court was followed by numerous rallies bydifferent women NGOs, support groups and public. That is what compelled the Government finally in 2013 to pass the POSH Act, which codified both punitive and preventive measures. The important objectives are:
Preventing sexual harassment which means harassment not only in the religious sense but as established by the POSH Act.
Prohibition of such conduct at the workplace and taking legal actions to redress such grivances strictly.
Structure and Key Provisions of the POSH Act
ICC also known as Internal Complaints Committee is a committee constituted to redress women grievances regarding sexual harassment at workplace and provide them speedy remedy.
The POSH Act provides for clear process of filing complaints of Sexual Harassment at workplace which is important for women empowerment and safety at workplace. Complaints can be filed with ICC, which will investigate the complaint. The investigation will be conducted in a private and timely manner, to ensure the rights and dignity of both the accused and the aggrieved parties.
The committee will complete the investigation within 90 days and submit a report to the employer or the District Officer. The employer must act within the next 60 days of receiving the report and if not, then the report shall be transferred to the district officer who then shall act against the complaint.
Section 19 addresses the employer’s duties. According to the law, employers must ensure a safe working environment for all employees, including those with whom they interact.
Display the legal consequences of sexual harassment at any visible place in the workplace, as well as the order creating the Internal Committee under subsection (1) of section 4;
Organize seminars and awareness programes at regular intervals to sensitize employees with the terms of the Act, as well as orientation courses for members of the Internal Committee in the manner prescribed;
Give the Internal Committee or the Local Committee, if appropriate, the resources they need to handle the complaint and carry out an investigation; help ensure that witnesses and the respondent appear before the Internal Committee or the Local
Committee, as appropriate;
Provide the Internal Committee or the Local Committee, as appropriate, with the information they may need considering the complaint filed under section 9 subsection (1);
If the lady decides to register a complaint against the offense under the Indian Penal Code (45 of
1860) or any other already enacted statute, support her in doing so;
Cause to file a complaint against the offender under the Indian Penal Code (45 of 1860) or any other currently enacted law, or if the victim wishes, in the workplace where the sexual harassment incident occurred, if the offender is not an employee.
Consider sexual harassment a violation of the service regulations and take appropriate action; Ensurethat the Internal Committee submits reports on schedule.
Constitution of ICC
Every organization must have an ICC consisting of a senior woman employee, two members with legal/social work expertise, and an external member from an NGO or legal background.
Women have three months from the date of the incident to register a complaint.
Keeping the workplace safe and running regular awareness efforts are among the duties of the employer.
Non- complaint organizations can risk a fine up to Rs. 50000.
The POSH Act in India has set out a few ground rules which every educational institute must follow to make sure that the employees are safe from sexual harassment.
When we talk about the workplace generally the first and only workplace that comes in one’s mind would be corporate, but this Act is not only confined to the corporates but goes way beyond that. To understand this, we need to understand the definition of workplace as per the POSH Act.
The part definition as per Section 2(o) of the POSH Act:
1. any private sector organization or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organization, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service
From the above definition it is clear that every educational institution must follow the rules set out under POSH act and make sure to take all the important steps to ensure the safety of the women employees working there as per the POSH Act.
The Centre for Economic Data & Analysis (CEDA)’s report gives us a valuable insight of the current position of Indian women’s safety in workplace. While the report shows a good increase in the reported cases, it also highlights the gaps in the proper implementation of the POSH Act and the need for change.
The increase in sexual harassment incidents reported since the POSH Act went into effect in 2013 is encouraging since it shows that more women are becoming conscious of the issue and are prepared to speak out. But the rise in complaints hasn’t been matchedby the number of cases that have been settled.
It’s interesting to note that while smaller companies hardly ever submit any complaints—often not at all for years—the majority of these complaints are from large corporations, primarily the top 100 listed on the National Stock Exchange. This raises concerns about the effectiveness of the Act’s implementation and highlights a significant underreporting problem, particularly in medium and small businesses.
According to the Act, businesses must report any pending or unresolved complaints annually, and investigations must be finished within ninety days. Still, the number of pending cases has been increasing. However, the overall number of unresolved complaintsis often higher than the number of outstanding cases. This could be because of a number of factors, including the complainant withdrawing the complaint or either side quitting the company.
The low reporting rates rise questions regarding the POSH Act’s usefulness in providing safety of women at workplace.
The paper identifies a number of significant obstacles to the successful implementation of the POSH Act. First, because of shame, fear, and a lack of trust in the complaint procedure, underreporting is still pervasive. Second, a large number of smaller businesses exhibit poor compliance by ignoring or not understanding their legal obligations. Third, the system is further weakened when Internal Committees are absent or ineffective, frequently because of bias or inadequate training. Finally, many workers areunaware of their rights, which restricts their capacity to seek remedy, particularly in lower-level employment in the informal economy.
To determine the knowledge levels, 100 respondents—including college students between the ages of 18 and 35, working professionals, and interns—were given an online survey. The survey aimed to determine:
Knowledge of the POSHAct
ICC’s presence in their organizations or places of employment
Willingness to report events
Perception of safety at work
Results and Interpretation
The increase in sexual harassment incidents reported since the POSH Act went into effect in 2013 is encouraging since it shows that more women are becoming conscious of the issue and are prepared to speak out. But the rise in complaints hasn’t been matched by the number of cases that have been settled.
It’s interesting to note that while smaller companies hardly ever submit any complaints—often not at all for years—the majority of these complaints are from large corporations, primarily the top
100 listed on the National Stock Exchange. This raises concerns about the effectiveness of the
Act’s implementation and highlights a significant underreporting problem, particularly in medium and small businesses.
According to the Act, businesses must report any pending or unresolved complaints annually, and investigations must be finished within ninety days. Still, the number of pending cases has been increasing. However, the overall number of unresolved complaintsis often higher than the number of outstanding cases. This could be because of a number of factors, including the complainant withdrawing the complaint or either side quitting the company.
Results of the Survey (Structured Data Table):
| Knowledge of the POSH Act | Prior to 2021, just 8% of professionals were Stratefixaware of the policy of POSH. Consulting & NHRDN (2023) |
| Having been harassed | 37% of professionals, primarily women, Consulting by reported experiencing harassment at work. Stratefix |
Fear of Coming Forward | 11% would rather quit than report; 17% were afraid of reprisals or didn’t know how to Ius Laborisreport. |
Money control &
| Knowledge of the Act | Just 42% of workers were fully aware of the POSH provisions. Walchand Plus (2023) |
| Clarity of HR Professionals The Trend of Digital Harassment | POSH compliance guidelines were deemedThe 2023 Money vague by 53% of HR managers. control Survey 78% of the 950 online harassment cases Research on compared to 487 in-person occurrences Stratefix (2023) involved intrusive questioning. |
Examples of Case Law and the Media:
The case of Vishakha v. Rajasthan (1997) established the groundwork for Indian jurisprudence regarding workplace harassment.
In Medha Kotwal Lele v. Union of India (2013), the Supreme Court underlined the importance of creating ICCs and correctly implementing the Vishakha principles.
Zomato POSH Violation (2021): After reported harassment incidents revealed weaknesses in the company’s redressal procedure, the company drew criticism.
The Tata Consultancy Services (TCS) POSH Policy Case (2022) emphasized the significance of staff education and well-defined internal complaint procedures.
These results point to a significant discrepancy between the application of the law and its practical application. Building trust among female colleagues and actively disseminating knowledge are obviously necessary.
Implementation Difficulties
The 2013 POSH Act protects women from workplace sexual harassment and ensures a safe and equal workplace. It expands workplace and sexual harassment definitions. It included direct and physical harassment, obscene statements, pornography, requests for sexual favors, mistreating women, and not treating them equally.
The POSH Act changed women’s safety and equality. It empowered women to report and fight sexual harassment. In recent years, sexual harassment at work has been documented in India, showing women’s understanding of their rights.
The POSH Act has helped women nationwide, yet it still faces difficulties and implementation issues. Obscene statements, sexual favors, inappropriate physical contact, overtures, etc. are defined by the Act. Any company with more than ten employees must form a committee.
Many implementation issues remain. It takes urgent focus and effort for every woman to report such situations. It will also make the organization’s employers liable for POSH Act safety measures. Problemsinclude:
- Lack of knowledge and teaching
The Act suffers from women’s ignorance, especially in small businesses and employees. Many women are unaware of the ICC Act, even if their workplace has one. Due to lack of notice, the complaint may not be submitted even if the corporation has an ICC.
- Non-operational ICCs in smaller or unofficial organizations
ICC establishment is crucial to POSH Act implementation. Most firms don’t develop ICC, and if they do, they use untrained, not-professionals who lack empathy, making it hard to seek help.
Finally,the victims drop the case, feeling uncomfortable, unhappy, and abused.
- Victim-blaming and societal stigma
In India, it’s customary for girls to be blamed for harassment rather than the harasser. Public shame and social stigma often surround the women. Because of this, women typically hesitant to act against such matters and, even if they do file the case, theyoften withdraw it owing to family pressure and societal disgrace.
- Poor redressal process
High-ranking employees or the employer who harass others misuse the redressal process and cause unfairness. In most situations, there is a long and tiring waiting period, confidence is lost, and the victim drops the case.
Suggestions
A safe workplace for women is one of the key benefits of the POSH Act. Company ICC establishment and action are employers’ duties. Several proposals might improve the Act and help women address workplace sexual harassment:
- Organize annual workshops at offices, colleges, and other academic institutions to educate women about their rights and the Act.
- Establishonline POSH compliance certification programs to educate and raise awareness among women.
- ICCs undergo regular audits and reviews to ensure fairness and corrective action.
- Conducting workplace and government efforts to educate women on their rights.
A progressive law that protects women’s rights, safety, and dignity at work is the POSH Act of 2013. This study demonstrates a worrying disparity between the law and its application, despite a strong legal framework to prevent and punish sexual harassment.
The survey and data analysis show that while awareness of the POSH Act is rising, particularly among professionals and in larger organizations, underreporting, ignorance in smaller setups, and inefficient Internal Complaints Committees remain major obstacles. Many working women, especially those in lower-level unorganized sector professions, are unaware of their rights or afraid to report harassment for fear of stigma or distrust of the system.
The Act’s purpose is also hampered by weak compliance, especially in small and medium-sized firms. Organizationalreform, legal responsibility, and cultural change are needed after cases like Vishakha and Medha Kotwal and corporate failures like Zomato and TCS.
To attain POSH Act goals, collective action is needed. Companies must purposefully empower women to expose misconduct without fear. HR protocols, redressal procedures, and periodic training should be mandatory. Government, civil society, and legal professionals must work together to raise awareness and compliance.
Even if the POSH Act is crucial for gender justice, it won’t be fully realized unless it’s recognized as a social and legal requirement. Only then can we guarantee safe, inclusive, egalitarian, and legally compliant workplaces for everyone.
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Legislation
- In 2013, the Indian Code passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, No. 14 of 2013.
The website https://indiacode.nic.inis the source.
Case Law:
- Rajasthan v. Vishaka, 6 S.C.C. 241 (India, 1997).
- Union of India v. Medha Kotwal Lele, 2013 1 S.C.C. 297 (India).
Books and Reports
- Towards a Gender Inclusive Workplace: Preventing Sexual Harassment at Work, NISHITH DESAI ASSOCS (2023).
The document, “Prevention of Sexual Harassment at Workplace.pdf,” is accessible at https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers.
FICCI & EY, FICCI–EY Report on POSH Act Compliance by Indian Companies (2015).
- The Sexual Harassment of Women at Workplace Act summary may be found on Wikipedia at https://en.wikipedia.org/wiki/Sexual_Harassment_of_Women_at_Workplace_%28Preven
tion%2C_Prohibition_and_Redressal%29_Act%2C_2013
Web and News Sources
- According to research by Stratefix as reported in Business Manager Magazine, 37% of women reported experiencing sexual harassment at work (Feb. 2, 2023):
https://www.businessmanager.in/37-women-experienced-sexual-harassment-atworkplace-
study/
- StratefixConsulting & NHRDN, Is the Environment at Work Safe? (2023),
Creating a safer environment: https://stratefix.com/is-building-a-safer,
- ET ECON. TIMES HR WORLD (Feb. 2023), HR World, Survey Finds 8% Awareness of POSH Policies in Indian Workplaces,
- According to MONEYCONTROL (January 2024), 40% of working women are unaware of their rights, and 53% of HR professionals are still confused by the POSH regulations.
The following URL is accessible: https://www.moneycontrol.com/news/business/sexualharassment-rules-remain-hazyfor-53-hr-professionals-survey-11992951.html
10.Zomato, Sexual Harassment Prevention Policy, https://b.zmtcdn.com/data/file_assets/5c66f36ae6937fb8495534d1258f555216529423 23pdf
Suman Agarwala
Heritage Law College
(Calcutta University)