The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) is used in India to prevent and address sexual harassment at workplaces by establishing procedures for complaint, inquiry, and punishment. Employers must establish an Internal Complaints Committee (ICC) and follow the act's provisions. Failure to comply with the POSH Act can result in fines up to ₹50,000 for a first offense, and for subsequent offenses, the fines can double, or the business license may be canceled.

How the POSH Act is Used

  1. Formation of an ICC: Employers with more than 10 employees must constitute an Internal Complaints Committee (ICC).
  2. Complaint Redressal: An ICC handles and investigates complaints of sexual harassment filed by women at the workplace.
  3. Inquiry and Recommendations: After an inquiry, the ICC provides recommendations for action to the employer.
  4. Employer Action: Employers are expected to consider the ICC's findings and take appropriate action to prevent further violations.
  5. POSH Policy and Training: Companies are required to have a POSH policy and provide training to employees and management on workplace safety.
  6. Annual Reports: Employers must file annual reports with the District Officer on their compliance with the Act.

Punishment for Non-Compliance

  • First Offense: A monetary fine of up to ₹50,000 for failing to form an ICC, act on recommendations, or file the annual report.
  • Subsequent Offenses: A fine that is twice the amount of the first contravention, and potential cancellation of business license, permit, or registration.
  • Additional Penalties: Non-compliance can lead to legal measures, criminal charges, and reputational damage.

Action for Malicious Complaints

To prevent misuse, the POSH Act includes measures against those who file deliberately false or malicious complaints. If the inquiry committee finds a complaint to be malicious, it can recommend disciplinary action against the complainant. However, a mere inability to substantiate a claim does not automatically qualify as a false complaint.

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