SAMARTH INDIA FOUNDATION

Project PoSH

Creating Safe and Harassment-Free Work Environments

As enshrined in the Preamble to the Constitution of India, “equality of status and opportunity” must be secured for all its citizens; equality of every person under the law is guaranteed by Article 14 of the Constitution.

Despite this, violence against women has been justified through the age-old social construct of male privileges in our society. Sexual Harassment at workplace is now increasingly understood as a form of violence against women and violation of her rights. This results into serious health, human, economic and social cost, which manifests in the overall development indices of a nation.

Though a safe workplace is a woman’s legal right, it is observed that there is a lack of knowledge amongst women workers about what constitutes sexual harassment and what they can do about it to address this breach of their rights. Then there is general apathy towards such incidents as sexual harassment is considered a personal matter that needs to be resolved by the people involved.

To change this order of things and to ensure safe working places for women that respect women’s right to equality of status and opportunity, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, was enacted by the Govt. of India in 2013.

This Act is generally referred to as PoSH Act.

"Empowering women starts with creating safe spaces
where they can thrive professionally,
without harassment & discrimination."
Farrah Storr

Mandatory Compliances

This Act is applicable on all workplaces in India with more than 10 employees.

Compliances by the employer are a MUST even if all the employees are men and no woman is working in that organisation/ office.

Also applicable in unorganised sector and employment of domestic workers.

An employer is mandated to provide a safe working environment and treat sexual harassment as a misconduct.

Mandatory Compliances

This Act is applicable on all workplaces in India with more than 10 employees.

Compliances by the employer are a MUST even if all the employees are men and no woman is working in that organisation/ office.

Also applicable in unorganised sector and employment of domestic workers.

An employer is mandated to provide a safe working environment and treat sexual harassment as a misconduct.

Penalties for
Non-Compliance

An employer can be subjected to a penalty of up to INR 50,000 for the first instance of non-compliance of the Act.

On the repeated breach under the Act, the punishment can be extended to twice or higher penalty and even Cancellation/ Withdrawal/ Non-renewal of registration/ license required for carrying on business or activities

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Prevention of Sexual Harassment at Workplace

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