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What is POSH Act?

  Apr 28, 2022

What is POSH Act?

Q What is the context  ?

A The Kerala High Court has asked organizations associated with the film industry to take steps to constitute a joint committee to deal with cases of sexual harassment of women, in line with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013.

 Q What is the POSH Act? 


Q What are Vishakha Guidelines?

Q What are the Guidelines and the law ? 

  1. Prohibition
  2. Prevention
  3. Redress

The POSH Act broadened these guidelines:

Q What is the definition of Sexual Harassment ?

A Under the 2013 law, sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:

The Ministry of Women & Child Development has published a Handbook on Sexual Harassment of Women at Workplace with more detailed instances of behaviour that constitutes sexual harassment at the workplace. These include, broadly:

Q What is Unwelcome behaviour ?

Q What are circumstance amounting to SHW ?

A The Act mentions five circumstances that amount to sexual harassment implied or explicit:

  1. Promise of preferential treatment in her employment
  2. Threat of detrimental treatment
  3. Threat about her present or future employment status
  4. Interference with her work or creating an offensive or hostile work environment
  5. Humiliating treatment likely to affect her health or safety

Q What are the procedure for complaint ?

Q What is to be done after the ICC report  ?

A

Compensation is determined based on five aspects:

  1. Suffering and emotional distress caused to the woman;
  2. Loss in career opportunity;
  3. Her medical expenses;
  4. Income and financial status of the respondent;
  5. Feasibility of such payment.

Q What is procedure for appeal in Court ?