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PoSH Act UPSC NOTE

 Why in news

  • The proportion of women in leading corporate firms has increased considerably over time. 

  • Yet, attrition rate — the percentage of employees who leave an organisation — is also, in general, higher among women than men

  • Adding to the list, workplace harassment — verbal, sexual or otherwise — may also play a role in such exits

  • If the number of cases reported under the PoSH Act is anything to go by, a look at just the figures from the top four IT firms shows that instances are rising again after a brief pause during the pandemic

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.

  • 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.

  • The Supreme Court in a landmark judgment in the Vishakha and others v State of Rajasthan 1997 case gave ‘Vishakha guidelines’.

  • These guidelines formed the basis for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

  • The SC also drew its strength from several provisions of the Constitution including Article 15, also drawing from relevant International Conventions and norms such as the General Recommendations of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India ratified in 1993

  • Recommendations of the Justice Verma Committee on Sexual Harassment at Workplace:

    • Domestic workers should be included within the purview of the PoSH Act.

    • It proposes a conciliation process where the complainant and the respondent are initially encouraged to resolve the issue through negotiation and agreement

    • The employer should pay compensation to the woman who has suffered sexual harassment.

    • Setting up of an Employment tribunal instead of an internal complaints committee (ICC) in the PoSH Act.


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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: PoSH Act UPSC NOTE
PoSH Act UPSC NOTE
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