Complete Guide on POSH Act

Meaning of Sexual Harassment: The POSH Act defines ‘sexual harassment’ as per the Supreme Court’s definition of ‘sexual harassment’ in the Vishaka Case. According to the POSH Act, ‘sexual harassment’ includes unwelcome sexually tinted behaviour, whether directly or by implication, such as:

1. physical contact and advances,

2. demand or request for sexual favours,

3. making sexually coloured remarks,

4. showing pornography, or

5. any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

 Meaning of Aggrieved Woman: As per the POSH Act, an ‘aggrieved woman’ in relation to a workplace, is a woman of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment. Given that the definition does not necessitate the woman to be an employee, so even a customer/ client who may be sexually harassed at a workplace can claim protection under the POSH Act.

 Act is not Gender Neutral: The POSH Act protects only women and is not a gender-neutral statute and protects only women. Therefore, the safeguards under the POSH Act are not applicable to ‘men victims’.

 Need of this Act: An Indian National Bar Association A survey was done at BPOs, IT sector offices and at various other educational institutes, hospitals, and law firms. “6,047 people participated in the survey – 78% were females and the remaining males”.

1. It was observed that 38% of women had faced Sexual Harassment at the workplace

2. Out of these, 68.9% told they refrained from making a complaint due to fear of losing the job, embarrassment or lack of confidence.

3. When asked about legal protection, 42.2% said they did not feel protected at work.

 Men also face Sexual harassment: According to the PEW research statistics 2014, 25% of women and 13% of men between the ages of 18 to 24 have experienced sexual harassment online. One can’t ignore the statistic of harassment with men also. For sexual harassment against women, there are many legislations and statutes prevailing in India, but not for men.

 Sexual harassment against Men can’t be ignored: In India, under Article 14 of the Indian Constitution, there is a “right to equality”. If the legislation does not take into account the men related issues too and will only stress upon the women related issues, then this right is in violation. As it provides equality before the law and equal treatment before the law. So, there must be ‘equal access to justice’ in the case of both men and women.

 Law protecting men is also needed: There is a requirement to take the issue of sexual harassment of males to the government, to the society etc. so that people also get aware and hear the exclaim of a man too. There is a demand for ‘equal access to justice’ for both males as well as females. For this, the government should make laws, which give safeguard and protection to males from various kinds of harassments, assaults or rapes etc. in different areas. The main sector, which needs to be taken care of, is sexual harassment at workplaces.