How To File A Case Under The Prevention Of Sexual Harassment Act?

The Prevention of Sexual Harassment (PoSH) Act, officially known as the “Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013”, is a law in India that protects employees from sexual harassment in the workplace.

What Is Sexual Harassment According To The PoSH Act?

Sexual harassment includes:
Unwanted physical contact or sexual advances
Demanding sexual favours
Making inappropriate or sexually suggestive comments
Showing sexual images
Any other unwelcome behaviour of a sexual nature (verbal, physical, or non-verbal).

What Is The Role Of The Internal Complaints Committee (ICC)?

The ICC handles complaints of sexual harassment and ensures a safe and confidential process.
It conducts inquiries, collects evidence, and can summon witnesses.
The committee can help resolve the issue if both parties agree or proceed with a formal investigation.
Based on its findings, it recommends disciplinary actions against the accused.
The ICC submits an annual report to the employer.
The committee must be led by a senior woman and include members committed to gender issues and an external NGO representative.

How To File A Complaint Under The PoSH Act?

The complaint must be in writing and submitted within 3 months of the incident.
You can file it with the Internal Complaints Committee (ICC) or the Local Complaints Committee (LC) if your workplace has less than 10 employees.
The ICC investigates sexual harassment complaints, conducts inquiries, and resolves the issue.
If both parties don’t want to settle the matter through discussion, the committee conducts a formal inquiry.

Confidentiality of Case Information
The organization keeps all information regarding the case confidential.

Potential Punishments for the Accused
If the accused is found guilty, the organization may impose punishments such as a written apology, warnings, demotion, suspension, or even dismissal from the job.

Consequences of False Complaints
In some cases, if the complaint is false, the organization takes no action against the accused, and submitting false documents can lead to punishment for the complainant.

In other cases, the decision is not favourable, the complainant can appeal within 90 days to a local magistrate.

The PoSH Act is a powerful tool to ensure workplace safety and dignity, offering a clear process for handling sexual harassment complaints. By making sure such matters are handled seriously and confidentially, the law empowers individuals to protect their rights at work. It’s essential for employees to know about this law and use it if needed.