Five common myths related to the Protection of Women from Sexual Harassment (POSH) Act of 2013

Five common myths related to the Protection of Women from Sexual Harassment (POSH) Act of 2013, along with their accurate answers:

Myth 1: The POSH Act applies only to women.

Answer: The POSH Act is named primarily to emphasize its focus on protecting women from sexual harassment, but it is not limited to women alone. The Act also covers individuals of any gender who may experience sexual harassment in the workplace. Both men and women are protected under the Act, and anyone can file a complaint if they are subjected to sexual harassment.

Myth 2: The POSH Act is only applicable to formal office settings.

Answer: The POSH Act is not limited to formal office environments. It applies to all workplaces, including offices, factories, shops, educational institutions, NGOs, and any other place where a person may be employed. It also covers employees, interns, and even visitors or third parties who may be subjected to sexual harassment in the workplace.

Myth 3: Only physical harassment constitutes sexual harassment under the POSH Act.

Answer: The POSH Act defines sexual harassment broadly and includes various forms of harassment, not just physical. It encompasses verbal, non-verbal, and physical acts that create a hostile or intimidating work environment. This includes unwelcome advances, comments, gestures, and any other behavior that can be reasonably considered sexual harassment.

Myth 4: The POSH Act only requires the establishment of Internal Complaints Committees (ICCs).

Answer: While the POSH Act mandates the establishment of ICCs within organizations, it also provides for Local Complaints Committees (LCCs) at the district level for workplaces with fewer than ten employees or where the complaint is against the employer itself. The Act ensures that workplaces of all sizes have mechanisms in place to address sexual harassment complaints.

Myth 5: Reporting sexual harassment will negatively impact the victim's career.

Answer: The POSH Act prohibits retaliation or adverse action against anyone who files a sexual harassment complaint. Reporting sexual harassment is a protected right, and the Act emphasizes the importance of maintaining confidentiality during investigations. Employers are legally obligated to ensure that the person who reports harassment does not face any adverse consequences, and their career should not be negatively impacted for coming forward.

It's essential for both employers and employees to be aware of the provisions of the POSH Act and dispel these myths to create a safer and more respectful work environment. Organizations should also ensure that they have proper mechanisms in place to address sexual harassment complaints and that employees are educated about their rights and the reporting procedures.

Comments

Post a Comment

Popular posts from this blog

Essential Skills for Internal Committee (IC) Members: Navigating Workplace Harassment Cases

The role of Internal Committee (IC) members in addressing workplace harassment is pivotal in creating safe and inclusive environments. As custodians of the prevention, prohibition, and redressal framework laid out by the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act), IC members need a diverse skill set to effectively handle cases. This article delves into the key skills required by IC members to navigate the complexities of workplace harassment cases. 1. Legal Acumen: A fundamental skill for IC members is a sound understanding of the legal framework governing workplace harassment. Familiarity with the POSH Act and related regulations equips IC members to interpret and apply the law accurately during investigations, ensuring that the organization remains compliant. 2. Empathy and Sensitivity: Dealing with workplace harassment cases requires a high degree of empathy and sensitivity. IC members must be attuned to the emotional w...
Read more

National Commission of Women and POSH ACT

Image
A statutory organization called the National Commission of Women ("NCW") was established to examine and develop legal and policy recommendations pertaining to women's rights in India. Its role includes recommending corrective legal action, facilitating the resolution of grievances, and providing policy advice. In addition, the PoSH Act has given the NCW a very particular role, allowing it to file a complaint on behalf of an injured woman with her consent if she is physically unable to do so. Any woman also has the right to report sexual harassment, including at work, to the NCW. To accomplish this, go to the "Register online" menu and select the "Sexual Harassment at Workplace" category. Additionally, any woman has the right to report sexual harassment to the NCW, including at work. This can be done online by choosing the 'Sexual Harassment at Workplace' category from the list of available options under the 'Register online complaints' ...
Read more

Posh at Work

Image
POSHADVO has been founded to help keep workplaces free of sexual abuse across all sectors in the country. POSHADVO  firmly believes, as an organization, that  sexual harassment  is a serious denial of the right to equality, dignity and respect. Sexual abuse at work is something that most people routinely witness, but many do not openly speak about. Typically, this is for fear of losing their job, facing society's scorn, being caught up in never-ending court action or for other unspecified reasons. Posh @ Workplace Gender equality in all dimensions is a basic human right and the Constitution of India (“Constitution”) guarantees all its citizens equality of status and opportunity.  Sexual harassment  is considered as a violation of a woman’s fundamental right to equality, which right is guaranteed by Articles 14 and 15 of the Constitution. The Constitution also provides every citizen the ‘right to practice or carry out any occupation, trade or business, which incl...
Read more