Objectives

Posh Act

Introduction of Posh Act

• The POSH Act is a legislation enacted by the Government of India in 2013 to address the issue of sexual harassment faced by women in the workplace.

• The Act aims to create a safe and conducive work environment for women and provide protection against sexual harassment.

Introduction of Posh Act

• The POSH Act is a legislation enacted by the Government of India in 2013 to address the issue of sexual harassment faced by women in the workplace.

• The Act aims to create a safe and conducive work environment for women and provide protection against sexual harassment.

Why NGO in ICC

• In India, there are specific legal provisions regarding the inclusion of NGOs in Internal Complaints Committees (ICCs) established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
• The Act mandates the formation of ICCs in every organization
  with 10 or more employees to address complaints of sexual harassment at the workplace.

• While the Act itself does not explicitly require the participation of NGOs in ICCs, it does provide certain criteria for the composition of ICCs, which indirectly may involve NGOs. These criteria include. Presence of a Presiding Officer.Representation of Employees and external Members.

Workplace Sexual Harasement

Workplace Sexual Harasement

Section 3(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 )

• This section defines the aggrieved woman, workplace and sexual harassment as well as highlights key elements of workplace sexual harassment. It provides examples of behaviors through which a woman can experience possible professional and personal harm.

• It presents the user with scenarios from across-section of work contexts to build clarity on different forms of sexual harassment as identified under the Act.

   

Section 3(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 )

• This section defines the aggrieved woman, workplace and sexual harassment as well as highlights key elements of workplace sexual harassment. It provides examples of behaviors through which a woman can experience possible professional and personal harm.

• It presents the user with scenarios from across-section of work contexts to build clarity on different forms of sexual harassment as identified under the Act.

   

Workplace

Workplace

• Government organizations, including Government company, corporations and cooperative societies.

• Private sector organizations, venture, society, trust, NGO or service providers etc. provide services which are commercial, vocational, educational, sports, professional, entertainment, industrial, health-related, or financial activities, including production, supply, sale, distribution, or service.

• Any enterprise that employs less than 10 workers.
• Hospitals/Nursing Homes, Sports Institutes/Facilities, dwelling place or house.
• Places visited by the employee (including while on travel) including transportation provided by employer.

Sexual Harassment at the Workplace

Prevention of harassment

• “Sexual Harassment” includes any one or more of the following unwelcome acts or behaviors (whether directly or by implication), namely
• Physical contact or advances.
• A demand or request for sexual favors.
• Making sexually colored remarks.
• Showing pornography.
• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
• Workplace Sexual Harassment is behaviour that is UNWELCOME SEXUAL  in nature A SUBJECTIVE
  experience MPACT not intent is what matters often occurs in a matrix of POWER.

Examples of Sexual Harassement

Harassement

• Staring, leering, obscene gestures, howling, making kissing sounds, smacking lips.
• Showing sexually obscene/suggestive signs, objects or pictures
• Indecent comments, dirty jokes, comments on a woman’s dress/body.
• Using power positions to request favors or threats on loss of privileges/loss of job.
• Touching, petting, caressing, kissing, brushing against
  another’s body.
• Blocking, following and cornering.

Harassment

• Referring to honey, sweety, etc., or making innuendos
• Making work discussions sound sexual.
• Telling sexual jokes or stories.
• Asking about sexual fantasies, and spreading lies of a sexual nature.
• Winking, licking lips.
• Touching a person’s clothing, stalking.
• Physical assault and rape.

Impact of inappropriate behaviour

Behaviour

• The impact of sexual harassment in the workplace is far-reaching and is an injury to the equal rights of women.
• Not only does it impact her, but it also has a direct bearing on workplace productivity as well as the development of society. Below is a list of select examples of such negative impacts.
• Physical contact & Advances
• Demanding or requesting Sexual Favor
• Showing Pornography
• Sexually Coloured Remarks

Consequences of Sexual Harassment

Consequences

• Once a complaint is received & the investigation has been carried out, the validity of the harassment allegations will be determined.

• If harassment has occurred, prompt, remedial action will be taken.

• Implied or explicit promise of preferential/detrimental treatment in employment – Implied or expressed threat about her present or future employment status.
• Creating a hostile, intimidating, or offensive work environment – Humiliating treatment is likely to affect her health or safety.