POSH Act

Background and evolution

The law grew out of a case of injustice. In 1992 Bhanwari Devi, a government social worker in Rajasthan who tried to stop a child marriage, was gang-raped. When the accused were acquitted, women's groups filed a petition in the Supreme Court. In Vishaka v. State of Rajasthan (1997), the Court held that sexual harassment at the workplace violates Articles 14, 15, 19(1)(g) and 21, and, drawing on India's commitments under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), issued binding guidelines until Parliament made a law.

For sixteen years the guidelines filled the gap. In Medha Kotwal Lele (2012) the Court noted poor compliance and directed stronger enforcement. After public outrage over the December 2012 Delhi gang rape, Parliament passed the POSH Act in 2013, giving the Vishaka framework statutory force.

Key features and provisions

• Definition: sexual harassment includes unwelcome physical contact, demands for sexual favours, sexually coloured remarks, showing pornography and other unwelcome conduct of a sexual nature, as well as implied promises or threats about employment.
• Workplace: covers government and private offices, hospitals, sports facilities, places visited during employment, including transport, and dwelling places; it also protects domestic workers.
• Internal Committee: every employer with ten or more employees must form one, headed by a senior woman employee, with at least two employees and one external member from an NGO or with legal knowledge; at least half the members must be women.
• Local Committee: set up by the District Officer for workplaces with fewer than ten employees or where the complaint is against the employer.
• Process: complaint within three months, extendable by three months; inquiry within 90 days; conciliation allowed if the woman asks, but without monetary settlement.
• Employer duties: display information, train staff, and submit annual reports; non-compliance can lead to a fine of up to ₹50,000, higher for repeat offences, and cancellation of licence.