Posted On: 2023-12-15 11:25:23
Since the inception of the #MeToo movement in 2017, workplace harassment has entered the mainstream conversation. The movement started gaining momentum when the actress, Alyssa Milano, encouraged her peers to take a stand against now-convicted Hollywood producer, Harvey Weinstein, by replying ‘Me Too’ to her tweet.
The hashtag was then spread far and wide and more women came out with their stories, exposing workplace sexual harassment that was prevalent in many industries. On December 15, 2017, a commission in Hollywood was created to tackle widespread sexual abuse and harassment in the media and entertainment industries, which was led by Anita Hill.
A survey by Women’s Indian Chamber of Commerce and Industry’s (WICCI) Council of Ethics revealed that more than 50% of young professionals in India, experience some form of workplace harassment. The Protection of Women from Sexual Harassment Act, aka POSH, was passed in 2013 to safeguard women from workplace harassment.
In this article, we will look at the importance and application of the POSH Act.
The POSH Act defines sexual harassment to include unwelcome acts such as physical contact and sexual advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. It also lists down five circumstances that would constitute sexual harassment if they are connected to the above-mentioned acts-
a. Implied or explicit promise of preferential treatment in employment
b. Implied or explicit threat of detrimental treatment in employment
c. Implied or explicit threat about present or future employment status
d. Interference with work or creating an intimidating, offensive or hostile work environment
e. Humiliating treatment likely to affect health or safety.
The Act also requires any organization with more than 10 employees to form an Internal Complaints Committee (ICC), which can be accessed by female employees to file a sexual harassment complaint. The panel needs to be headed by a woman, have at least two women employees, another employee and a third party such as an NGO worker with five years of experience, familiar with the challenges of sexual harassment.
The Act also demands all districts in India to create a local committee (LC) for filing complaints from women working in a company with less than 10 employees and from informal sectors such as domestic workers, home-based workers, voluntary government social workers and so on.
The POSH Act attempts to create a safe space for women workers and encourage women to enter the workforce, as a lot of women drop out of workspaces in fear of sexual harassment.
Filaantro strongly supports the POSH Act. Filaantro, along with its crowdfunding partner Child Help Foundation, regularly conducts POSH training for employees in different firms in Mumbai, Maharashtra.
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AUTHOR: Adil Sayyad
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