Type: Prelims Only

Back2Basics: POSH Act, 2013

• Full Form: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
• Background:
  • Originated from the Vishaka Guidelines (1997) issued by the Supreme Court.
  • Inspired by the Bhanwari Devi case and public pressure after the Nirbhaya case (2012).
• Constitutional and Global Basis:
  • Upholds gender justice under Article 15.
  • Based on India’s commitment to CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women, 1979) (ratified in 1993).
• Key Provisions

• • Workplace Scope: Includes private and public sectors, government offices, NGOs, informal sectors, and domestic work.
  • Definition of Harassment: Covers physical contact, unwelcome advances, sexually coloured remarks, explicit content, and verbal or non-verbal conduct.
  • Mandatory ICC: All organizations with 10+ employees must set up an Internal Complaints Committee.
  • Local Committee: District-level Local Committees must be set up for smaller workplaces or domestic workers.
• Employer Responsibilities:
  • Conduct awareness sessions and training.
  • Ensure safety and publish the organization’s POSH policy.
• Timelines:
  • Complaints must be filed within 3 months.
  • Inquiries must be completed within 90 days.
• Penalties:
  • Fine of up to ₹50,000 for non-compliance.
  • Repeat violations can lead to license cancellation.

1. The Judge (Inquiry) Bill 2006 contemplates establishing a Judicial Council which will receive complaints against Judges of the Supreme Court, Chief Justices, and Judges.

2. Under the Protection of Women from Domestic Violence Act, 2005, a woman can file a petition before a 1st Class Judicial Magistrate.

Which of the statements given above is/are correct?

Options: (a) 1 only (b) 2 only (c) Both 1 and 2* (d) Neither 1 nor 2