Defining Sexual Harassment under the POSH Act
The POSH Act aligns its definition of ‘Sexual Harassment‘ with the Supreme Court’s interpretation in the Vishakha Judgment. It encompasses unwelcome sexually suggestive behaviour, whether explicit or implied, covering physical contact, requests for sexual favours, sexually coloured remarks, displaying pornography, or any other unwelcome conduct of a sexual nature.
Determining Instances of Sexual Harassment: The Act outlines specific circumstances that may amount to sexual harassment, including promises of preferential treatment, threats of detrimental treatment in employment, interference with work leading to an intimidating or offensive work environment, or humiliating treatment affecting the lady employee’s health or safety.
Challenges in Determining Harassment: Challenges arise due to the subjective nature of harassment, the absence of a clear test for a ‘hostile working environment,’ and the need for nuanced analysis considering different perspectives. The Act recognizes that sexual harassment is a subjective experience and requires careful consideration of varying perspectives.
Empowering Women in the Workplace: Unpacking the Sexual Harassment of Women at Workplace Act, 2013
The Act, enacted against the backdrop of gender-based discrimination, signifies a paradigm shift in reshaping workplace dynamics. Rooted in constitutional principles, it aligns with global human rights standards, providing a comprehensive legal framework to prevent and address sexual harassment.
Sexual Harassment at Workplace: POSH Act of 2013
In the evolving landscape of gender roles propelled by globalization, the surge in workplace sexual harassment emerged as a concerning issue with the increasing presence of women in India’s workforce. In response, the POSH Act of 2013 was enacted to curb this violation of fundamental rights. Despite its noble objectives, challenges such as lack of clarity, inadequate awareness, and hesitancy to report incidents persist. This article serves as a comprehensive guide, shedding light on the POSH Act to educate stakeholders and promote safer workplaces, emphasizing prevention in our diverse society.
Table of Content
- What is the POSH Act?
- Provisions of the POSH Act
- SHe-Box
- Defining Sexual Harassment under the POSH Act
- Characteristics Defining Impact
- Development of Legislation Addressing Workplace Sexual Harassment
- Determining Instances of Sexual Harassment
- Sexual Harassment at Workplace Act, 2013: An Overview
- Conclusion
- Frequently Asked Questions (FAQs):
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