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The Laws

Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013

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Prevention of Sexual Harassment Rules, 2013

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What is SHE-BOX?

SHE-BOX is an online complaint management system launched by the Ministry of Women & Child Development (MWCD). Complaints lodged on the SHE-BOX platform will have their investigation and implementation of recommendations of the IC, monitored by MWCD. In case there is no IC, improper investigation, or frequent complaints of sexual harassment for a specific employer, the consequences may be serious.

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APPLICABILITY OF POSH LAWS
  1. Applicable for every village, city, and state across India including Jammu & Kashmir.
  2. Every organisation irrespective of its size and whether it has female employees or not has to comply with POSH Laws.
  3. Workplaces are divided into two categories:
    • Organised – 10 employees or more
    • Unorganised – Less than 10 employees
  4. Employers in organised sectors need to constitute Internal Committee to facilitate aggrieved woman to register complaints.
  5. For Employers falling under unorganised sector: Aggrieved woman to approach Local Committee constituted by the District Officer at district level for registering complaints.
Contact Us to Know More

IMPORTANT LINKS

SHE-BOX
http://shebox.nic.in/

Ministry of Women & Child Development
http://www.wcd.nic.in/

CONSEQUENCES OF NON-COMPLIANCE

  • Fine upto Rs. 50,000
  • Double/Higher penalty in case of subsequent offence
  • Cancellation/Withdrawal/Non-Renewal of License/ Registration of entity involved
EMPLOYER’S MANDATORY OBLIGATIONS
  1. Provide a safe working environment to women at the workplace.
  2. Display at any conspicuous place in the workplace, the penal consequences of sexual harassments and the order constituting, the Internal Committee including details of the members of the Internal Committee.
  3. Organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee.
  4. Provide necessary facilities to the Internal Committee for dealing with the complaint and conducting an inquiry.
  5. Assist in securing the attendance of respondent and witnesses before the Internal Committee.
  6. Make available such information to the Internal Committee as it may require having regard to the complaint.
  7. Provide assistance to woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code.
  8. Cause to initiate action, under the Indian Penal Code or any other law for the time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place.
  9. Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct.
  10. Monitor the timely submission of reports by the Internal Committee.
SEXUAL HARASSMENT RISK FOR ORGANISATIONS

High time that organisations start recognizing sexual harassment as a risk that involves losing:

    • Reputation
    • Talent
    • Business

This is a risk against which putting a monetary value is impossible.

How to curb? Creating proper awareness and conducting pieces of training can help reduce the risk of sexual harassment amongst employees.

A robust compliance management ensures that the organisation is protected even when the case goes in appeal or litigation.

Subject for Thought