POSH Policy: Concept, Benefits and Disadvantages of not having a POSH Policy

The total world population comprises both men and women population but still, women have to face various kinds of difficulties and issues only because of their gender. Women face discrimination in several places, and they are treated unequally without any reason by our male-dominated society. Sexual exploitation of women in the workplace is also a kind of gender-based violence that comes under gender discrimination. Sexual harassment not only violates women’s self-esteem or dignity, but it violates their constitutional and human rights as well. Various enactments talk about and protect the rights of women internationally as well. In India, we have the Sexual Harassment of Women at Work Place (Prevention, Prohibition, and Redressal) Act, 2013, which is commonly known as the POSH Act.

PoSH Policy at workplace

To ensure that an objective is completed and that workers enjoy their time at work, it is crucial that everyone feels secure and at ease in the workplace. It is crucial to make sure that any woman who comes to the workplace expecting to be in a safe environment does not suffer harm again, given the countless instances of women experiencing harassment by employees or customers. The Indian government adopted this regulation to protect women in the workplace by preventing, restricting, and eradicating sexual harassment of female employees in all workplaces. 

According to the POSH Act, there are various duties of an employer, and the employers have to perform all of them according to the POSH Act. Some of the general duties of the employer are to provide a safe working environment to all the women employees and take strict action according to the POSH Act on any complaint of sexual harassment.
Sexual harassment is still a taboo in our culture, and it may lead to a toxic and chaotic work atmosphere. The sexual humiliation or abuse of an individual by another individual is referred to as a sexual harassment activity. One definition of sexual harassment at work is “systematic violence against any gender.” Unfortunately, such strange practices are favoured in our nation, where equality between men and women is the norm.

The POSH Act defines sexual harassment as any one or more of the unwanted acts or behaviours (whether committed directly or impliedly) towards women as follows:

• Physical contact and advances; or
• A demand or request for sexual favours; or
• Making sexually coloured remarks; or
• Showing pornography; or
• Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.

If any of the following situations arises, is present in connection with, or is related to any of the sexual harassment acts or behaviours mentioned above, it would also qualify as sexual harassment: 

• A promise of favourable treatment in her job, whether implicit or explicit; or
• A warning that she would face unfavourable treatment at work; or
• A danger to her current or potential job, whether implicit or explicit;
• Interfering with her work or making her work environment frightening, insulting, or hostile; or
• Treatment that is degrading and might endanger her health or safety.

Sexual harassment at workplace

Article 14 of the Indian Constitution ensures legal equality for all citizens, including women, as reflected in the Preamble. This constitutional framework, comprising Articles 14, 15, and 21, upholds the principles of equal treatment under the law, freedom from discrimination, and the right to a dignified and independent life. Workplace sexual harassment, a severe form of gender discrimination, infringes upon a woman’s fundamental rights, affecting her well-being and productivity.

The reluctance of many women to report such incidents stems from fears of repercussions on their personal and professional lives. Recognizing that workplace sexual harassment constitutes a violation of women’s rights and a form of violence, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, was enacted to foster safe and supportive work environments, upholding women’s equality and liberties. Effective implementation of this Act is crucial for women to assert their rights and contribute to inclusive growth.

Official statistics show women’s participation in the workforce, but there’s a substantial informal sector where 93% of female workers lack legal protection. Protecting the rights of this significant female workforce is imperative to ensure their well-being and safety. Accurately gauging the extent of the problem is challenging due to underreporting. Creating secure work environments is essential to boost women’s workplace participation and overall progress.

Benefits of having a POSH Policy

Although sexual harassment has become a significant issue, women frequently choose not to disclose such incidents to the appropriate authorities out of concern for their financial security and social position. It is becoming more widely accepted that sexual harassment is a form of violence against women and a violation of their legal rights in the workplace. 

• The company’s POSH policy will enable them to provide a secure and encouraging workplace that upholds women’s entitlement to equal opportunity and status at work. 
• The effective implementation of this policy will ensure more and more representation of women in industries that will reduce gender disparity in society. 
• The industries will see a rapid increase in women employee participation and growth when they will feel secure at their workplace. 
• If any organization has enacted a POSH policy on the premises, then the women employees of that office will feel secure in working there, and they will know their rights and what actions they can take if any kind of harassment takes place.
• This policy also mandates POSH training for the employees. Because of the recent rise in harassment of women claims, businesses of every type have been interested in POSH training. 
• Any company or employer must take sexual harassment of women seriously since it is against the law. By holding POSH training, you can ensure that all of your workers work in an environment that fosters equality and stronger interpersonal relationships. 
• Employees that get POSH awareness training are more educated, assure compliance, and have fewer occurrences. 
• Additionally, through fostering work ethics, men and women working together create a healthy and happy workplace. Because they feel safer, employees often discuss, cooperate, and share ideas. 
• People are more satisfied with their jobs, which aids in keeping employees. All of this results in a workflow for the team that is highly productive. 
• It also helps the organization retain a big chunk of their employees, as they feel safe at the workplace. 

Disadvantages of not having a POSH Policy

There are various disadvantages for the organization if they do not implement a POSH policy in their organization.

• According to the act, if an organization does not set up its POSH policy, then the government can impose a fine of INR 50,000 on them.
• If the organization commits the offence again or does not follow the rules, then the government can double the fine or even can suspend the license. 
• The organization has to face serious issues; if any women employee reaches court in the matter of sexual harassment at their workplace and the court finds that the organization does not have a defined POSH policy, then the court can levy exemplary fines and imposition on that organization. 
• The reputation can suffer, and it can potentially damage the business’s brand and foster a hostile work environment if their non-compliance with the POSH policy comes out in the air.

Conclusion

Companies in India take POSH seriously and employ a variety of steps to stop sexual harassment at work. To ensure that every employee in India feels secure and valued at work, there is still a long way to go. The prevention and treatment of sexual harassment must be a priority for all organisations, and it is crucial that staff members report any instances of harassment they may encounter. 

FAQ’s on POSH Policy

Q1. What is a PoSH policy at workplace?

A PoSH (Prevention of Sexual Harassment) policy at the workplace is a set of guidelines and measures aimed at preventing and addressing instances of sexual harassment within the organization. It defines prohibited behaviors, reporting procedures, and consequences for violators to create a safe and respectful work environment.

Q2. What are the Objective of a PoSH policy?

The objectives of a PoSH (Prevention of Sexual Harassment) policy are to:

1. Prevent sexual harassment at the workplace.

2. Create a safe and respectful work environment.

3. Provide clear guidelines on reporting and addressing complaints.

4. Ensure accountability and deter harassment.

5. Promote awareness and education about sexual harassment issues.

Q3. Why Indian companies must review their PoSH Policy?

Indian companies must review their PoSH (Prevention of Sexual Harassment) policies regularly to:

1. Stay Compliant: Comply with legal requirements and evolving regulations.

2. Ensure Effectiveness: Assess the policy’s effectiveness in preventing and addressing harassment.

3. Adapt to Change: Address changing workplace dynamics and employee needs.

4. Enhance Awareness: Promote ongoing awareness and education on sexual harassment.

5. Encourage Reporting: Encourage a culture of reporting and accountability.

6. Protect Reputation: Safeguard the company’s reputation and promote a safe work environment.

Q4. What are the Contents of a PoSH policy at workplace?

A PoSH (Prevention of Sexual Harassment) policy at the workplace typically includes:

1. Policy Statement: A clear declaration of the organization’s commitment to preventing sexual harassment.

2. Definition of Sexual Harassment: A detailed explanation of what constitutes sexual harassment.

3. Prohibited Conduct: Specific behaviors that are not tolerated.

4. Complaint Procedure: Steps to report incidents and the process for addressing complaints.

5. Confidentiality: Assurance of confidentiality for complainants and witnesses.

6. Protection Against Retaliation: Safeguards against retaliation for those who report harassment.

7. Investigation Process: Guidelines on how complaints are investigated and resolved.

8. Consequences: Potential consequences for individuals found guilty of harassment.

9. Preventive Measures: Strategies for prevention, such as awareness training and education.

10. Monitoring and Review: A commitment to periodically review and update the policy.

Q5. Is having a PoSH policy at workplace mandatory?

Yes, having a PoSH (Prevention of Sexual Harassment) policy at the workplace is mandatory in India under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

Q6. Who is covered under the PoSH policy?

A PoSH (Prevention of Sexual Harassment) policy in India covers all employees, including regular, temporary, contract, and even third-party workers, regardless of gender.

Q7. What are the Importance of having a PoSH policy at workplace?

The importance of having a PoSH (Prevention of Sexual Harassment) policy at the workplace includes:

1. Legal Compliance: Mandatory under Indian law to prevent and address sexual harassment.

2. Employee Safety: Ensures a safe and respectful work environment for all.

3. Prevention: Helps prevent incidents of sexual harassment.

4. Accountability: Establishes procedures for reporting and addressing complaints.

5. Employee Confidence: Encourages reporting and supports victims.

6. Reputation: Protects the company’s reputation and brand.

7. Compliance: Demonstrates commitment to ethical and legal standards.

Q8. What is the purpose of the posh policy?

The purpose of a PoSH (Prevention of Sexual Harassment) policy is to prevent and address incidents of sexual harassment in the workplace, creating a safe and respectful environment while complying with legal requirements.

Q9. What is the Posh Act 2023?

The Act offers a comprehensive definition of sexual harassment, encompassing unwelcome physical, verbal, or non-verbal behaviors of a sexual nature. Enacted in 2013, the Prevention of Sexual Harassment (PoSH) Act specifically addresses and aims to prevent workplace sexual harassment against women.

Q10. Does verbal conduct constitute sexual harassment?

Verbal harassment of a sexual nature can indeed qualify as sexual harassment. Words have the potential to be as offensive as physical actions or touches. In a workplace, sexually suggestive jokes, comments, and narratives can foster a hostile environment, making it crucial to address such behavior.