POSH Act, 2013: Background, Object and Scheme

Sexual harassment at the workplace violates a woman's right to equality, to dignity and to practise any profession. For sixteen years after Vishaka v State of Rajasthan, Indian law on the subject rested on guidelines laid down by the Supreme Court. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly called the POSH Act, replaced those guidelines with a statutory framework of committees, timelines and penalties. This note explains its background, constitutional basis, object and scheme.

1. Constitutional and International Basis

• Preamble. Sexual harassment violates the fundamental rights of a woman to equality under Articles 14 and 15, to life and to live with dignity under Article 21, and to practise any profession or carry on any occupation, trade or business, which includes a right to a safe environment free from sexual harassment, under Article 19(1)(g)
• CEDAW. India ratified the Convention on the Elimination of All Forms of Discrimination against Women on 25 June 1993. The preamble records that protection against sexual harassment is a universally recognised human right, and that the Act gives effect to the Convention.
• Extent. The Act extends to the whole of India (s.1(2)) and came into force on 9 December 2013 (s.1(3)), the date on which the POSH Rules, 2013 were also notified.

2. From Vishaka to the Act

Figure 1: Legislative history

• Vishaka guidelines. In 1997 the Supreme Court laid down guidelines under Article 32, binding under Article 141 until Parliament legislated (Topic 2)
• The Bill. A Bill was introduced in the Lok Sabha in December 2010 and examined by the Parliamentary Standing Committee. Domestic workers, initially excluded, were brought within the Bill in 2012.
• The Act. Passed by the Lok Sabha on 3 September 2012 and by the Rajya Sabha on 26 February 2013, it became Act No. 14 of 2013. It largely codifies and expands the Vishaka framework.

3. Object and Main Features

Figure 2: Prevention, prohibition and redressal

• Three objects. As its name states, the Act aims at prevention, through employer duties; prohibition, through s.3; and redressal, through complaints committees, inquiry and penalties.
• Women-specific. The Act protects women. The aggrieved woman may be of any age, whether employed or not, but the respondent may be any person, man or woman (Topic 3)
• Civil remedy. The Act provides an inquiry and service consequences, not criminal punishment. Criminal liability arises separately under the Bharatiya Nyaya Sanhita, and the Act is in addition to other laws (s.28; Topic 23)

4. Scheme of the Act

Figure 3: Eight Chapters, 30 sections

• Two committees. An Internal Complaints Committee at every workplace with ten or more employees (s.4), and a Local Complaints Committee in every district for smaller workplaces, complaints against the employer and the unorganised sector (s.6)
• Rules. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013, framed under s.29, supply the procedure, qualifications and timelines in detail (Topic 26)

5. Frequently Asked Questions

When did the POSH Act come into force?

On 9 December 2013, by notification of the Central Government under s.1(3). The POSH Rules, 2013 were notified on the same date.

Which fundamental rights does the POSH Act protect?

Its preamble refers to the right to equality under Articles 14 and 15, the right to life and dignity under Article 21, and the right to practise any profession or carry on any occupation under Article 19(1)(g), which includes a right to a safe environment free from sexual harassment.

6. Related Topics

• Topic 2: Vishaka v State of Rajasthan and the Guidelines Era. The judicial foundation.
• Topic 4: Sexual Harassment: Meaning and Circumstances. What the Act prohibits.