Updated on April 09, 2025 05:58:38 PM
Workplace harassment, especially sexual harassment, causes great damage to the safety, dignity, and productivity of individuals, especially women. Addressing this widespread problem, India passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, more colloquially known as the POSH Act.
The Act does little but require preventive, prohibitive, and redressal mechanisms to address sexual harassment; however, it imposes penalties and punishments to seal strict compliance. Various categories of retribution and punishment are delineated in the POSH Act, along with their broader implications for organizations and individuals.
All are protected from harassment, and grievances are handled through an Internal Complaints Committee. Furthermore, employers who fail to constitute such committees may face liability under the POSH Act. Failure to conduct awareness programs under the POSH Act also results in liability. Mishandling of complaints, among other things, also amounts to liability under the POSH Act. Employers face not just financial penalties but also reputational damage as a consequence of failing to adhere to the provisions of the POSH Act. It may be fined an amount of up to ₹50,000 or doubled amounts in case of repeated offenses and even cancellation of business license.
Punishments awarded to the guilty of sexual harassment include corrective measures such as written apologies, suspension from duty, reduction in the scale of pay up to rank-deduction, etc. even up to termination of employment.
The POSH Act came out to bring safety to the working space for Indian women as the unstructured legal approach to sexual harassment at the workplace was filling up the procedural vacuum that required a law. The legislation replaced the Vishaka Guidelines of 1997 issued by the Supreme Court and regularized them through statutory provisions. The POSH Act applies to all types of workplaces, whether private sector or public sector, educational institutions, hospitals, sports institutions, and government establishments.
In fact, the system of penalties and punishments for individuals and organizations that have failed to follow the provisions of the POSH Act is the key to the effectiveness of the act. As the wrongdoers are penalized, these penalties also provide deterrence through the establishment of systems to prevent sexual harassment in the first place.
To effectively implement the Act, the following obligations are required to be performed by the employers:
Several categories of penalties and punishments are dealt with under the POSH Act, which can be classified into two categories: penalizing the act of sexual harassment and penalizing organizations for their failure to comply with legal requirements concerning prevention and redressal measures.
The significant deterrents in changing the culture of workplaces might be created by the penalties and punishments under the POSH Act. With such drastic consequences, it will become pertinent for the organizations not only to avoid financial penalties but to protect their reputation and employee morale as well.
A strong framework indeed to ensure workplace safety against sexual harassment is the POSH Act. It is the penalties and punishments inflicted under the Act that hold weight in bringing about compliance and creating accountability within an organization. Strict provisions of the POSH Act, thereby, not only aid in safeguarding victims against harassment but also relieve wrongful conduct by ensuring that the employers fulfill their role.
At Professional Utilities, we leverage our industry knowledge and expertise to help businesses navigate complex regulations, minimize risks, and optimize operations for maximum efficiency and profitability.
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Frequently Asked Questions
The Sexual Harassment of Women at Workplace Act, of 2013 is prevalently known as the POSH Act. This is the legislation law made in India to prevent sexual harassment and redressal in the workplace. According to the Act, organizations are required to ensure that women have a safe working environment.
The POSH Act applies to all employers in India, whether in the private sector, public sector, government bodies, educational institutions, NGOs, hospitals, and other workplaces with 10 or more employees.
Yes. Apart from the fine, violations will also have, repeated infringement leading to revocation of government registrations, licenses or any such legal authorizations that are necessary for carrying out business.
Section 22 of POSH Act states that an accused as well as a complainant can appeal against the order passed by ICC before some appropriate Court or Tribunal within a period of 90 days from the date when such order is pronounced.
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