Understanding POSH: Experts Answer Common Questions Related To Prevention of Sexual Harassment

To foster a safe and respectful work environment for one and all, the Prevention of Sexual Harassment at Workplace (POSH) Act was introduced in India back in 2013. While the act marked a landmark in our country's move to make every workplace safe, many women continue to experience harassment in their workplaces. According to data compiled by Complykaro.com for FY 2023, out of the total 772 complaints made at offices, 147 are still pending. While the pendency continues to be an obstacle, many other challenges and gaps lead to the act's failed compliance in the country. Unfortunately, it all roots from the inadequate awareness of POSH itself.

To sensitise women at work about POSH, NoMeansNo, an organisation specialising in the Prevention of Sexual Harassment (POSH) compliance organised a POSH conclave with leaders from corporates, POSH experts, Police officials, and legal experts, in attendance where common questions related to Prevention Of Sexual Harassment act were answered.

What If The Victim Has No Evidence Of Sexual Harassment?

Mr Vishal Bhasin Co-Founder - NoMeansNo shared that in such a case, the IC should look at circumstantial witnesses. “Did someone see the person coming out of a space where they were being harassed? Did someone hear something? Or spoke to the victim right after they experienced harassment? These are some things that we look at.” Ms Aashi Chutani, AVP, HR, AWFIS - Space Solutions Ltd. added that in case of lack of evidence, the team tries to gather information from the ecosystem to understand the behavioural aspect of the accused.

Can A POSH Victim Reach Out To Police Directly?

Under POSH, an internal committee (IC) or internal complaint committee (ICC) within organisation handles complaints of sexual harassment. However, in case of pendency or a failure to get justice, victims can directly go to the police. Ajay Chaudhary, IPS, Spl Commissioner Of Police, SPUWAC, Delhi Police confirmed that the police have a different approach to tackling POSH cases and they take note of various factors, including the severity of the harassment, internal committee's procedures, among others.

How Can IC Members Ensure Fairness? What Guidelines And Principles Should They Follow?

Ministry Of Women And Child Development has a handbook on sexual harassment of women in the workplace for employers, institutions, organisations, internal complaints committees, and local complaints committees that should be referred to while addressing POSH cases, confirmed Ajay Chaudhary, IPS, Spl Commissioner Of Police, SPUWAC, Delhi Police. The handbook covers everything, right from prevention, and prohibition to the redressal.

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How Can Employers Promote Awareness Around POSH And Prevent Sexual Harassment In The Workplace?

During the panel discussion - Navigating the Gray Areas in POSH, experts, Mr Vishal Bhasin, Co-Founder, NoMeansNo, Ms Sugandha Jain, Head HR, Clove Dental, Ms Aashi Chutani, AVP HR, AWFIS - Space Solutions Ltd, Mr Rishikesh Raval, President Group HR & Corporate Communications, Zydus Lifesciences Ltd and Ms Sulakshana Bramta, Regional Programming Head North & National Lead Purpose Initiatives, 92.7 BIG FM suggested some ideas to promote awareness around POSH and prevent sexual harassment at the workplace.

• A culture of speaking up should be developed in the office. The employees should be aware that a POSH policy exists and in case they are subjected to harassment, there is a committee they can reach out to. A safe space promising justice should be given to each employee.
• A zero-tolerance policy should be introduced and each employee at the time of joining should be made aware of it.
• Follow-up meetings should be held by IC in case of a POSH complaint with both the accused and victim. Opportunities should be given to both parties to make them blend back into the system.
• Both parties should be given access to mental health experts and their identities should be kept anonymous.

What Is The First Thing A POSH Victim Should Do?

POSH experts suggested ensuring their safety and well-being first and seeking help from a trusted colleague if they are threatened. They should document all the details of the incident and keep records of any communication, a WhatsApp chat, phone call, or message. Next, they should reach out to the IC with their complaint and seek support. If an organisation has no IC in place, it should directly reach out to the police and file an FIR.

Read about the POSH act in detail here

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