Intro: The Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) mandates an Internal Committee or IC in organizations to address complaints. In part 4 of the series, Diversity Digest unravels the role of the committee and the procedure for filing complaints.
Recap: Seema, Jasmine, Rohit, and Rahim are good friends. One day they decide to meet up for a reunion to catch up with each other as they now live and work in separate cities. Jasmine breaks down as she meets her old friends and opens up about being harassed by her colleague. Seema who tries to help her deal with it decides to make all of them aware of the POSH Act. She tells them about the different forms of sexual harassment, what individuals should do and the redressal an organization should offer to employees to create a safe working space for women employees.
“So,” said Seema, “What can a woman employee do if she is frequently targeted with advances?”
“There is a committee that is formed in every POSH-compliant organization. The Internal Committee or IC listens to complaints about sexual harassment and can give verdict accordingly.”
“What is a POSH-compliant organization?” asked Rohit.
Seema was more than eager to explain. “A POSH-compliant organization has a zero-tolerance policy towards harassment against women. It has an IC in place and all the details of the IC members with their names and mobile numbers are displayed across all floors in prominent places for women employees to get in touch if the need arises. It will ensure the safety of women employees, who can voice their opinions without fear of repercussions. Hence, it becomes mandatory for the organization to become POSH-compliant and demonstrate zero tolerance.”
“Can I make an oral complaint, or should it be given in writing?” asked Jasmine.
“Good question,” said Seema, relieved by her response.
“The complaint has to be in writing. You can either write and submit your complaint or send an e-mail.”
“So, what happens after that? Will the perpetrator be thrown out of the organization? Will he be sent to jail? Do I have to file an FIR?” asked Jasmine eagerly.
“Take a breather,” said Seema with a smile. “I will answer all your questions. As soon as the written complaint is received, the IC members verify if the case can be considered under POSH at all.”
“What do you mean by that?” asked Rohit and Rahim in chorus.
“There have been instances when the harassment has not had any sexual innuendo but is filed under POSH Act. For example, if one is pressurized to meet their target, it cannot be considered sexual harassment. Similarly, if someone is mocked because of their gender, age, religion, marital status, etc., they may not be considered under the POSH act. These can be reported to the HR, who will initiate disciplinary action depending on the company’s policy,” explained Seema.
Seema could sense the growing discomfort, especially among the men in the group.
“Do men have a say or not?” asked Rahim. “Of course! I will address that and more. Do put together your thoughts about what I just told you. Each one of us here should know about POSH in detail,” she said.
To be concluded
