Challenges in implementation of PoSH Act

Author in the article makes a case of challenges as mentioned, besides others, entails a need to re-visit the provisions of the Act to make them holistic, clear, practical and more effective.

The Sexual Harassment of Women at the Workplace (Prevention, Prohibition & Redressal) Act, 2013, [the “Act”], in short also called as the POSH Act, is a hasty piece of legislation brought in by the Government, under huge pressure of agitation in Nirbhaya episode, thereby mandating employers to provide a safe working environment for working women, and deals with perpetrators who indulge in acts of sexual harassment of women at workplace. The Act has several loose-ends, resulting in confusion and poor implementation of its provisions.

The Act does not carry any definition of ‘establishment’. It has definition of “workplace”. Sub-section (v) of sub-section (o) of section 2 defines workplace as : –

“any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking the journey”.

This provision may sometime throw open to complex situations where it becomes debatable whether the act of sexual harassment took place out...

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G.M. Saini

Advocate at Labour & Employment Law, New Delhi

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G.M. Saini

Advocate at Labour & Employment Law, New Delhi

July 2022 Issue

Building Better Work Culture -July 2022

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