PoSH Act

CA Legislations, CA Polity

Posted Date January 2, 2023

Relevance:

Recently, National Commission for Women (NCW) issued advisory to ensure safety of women in educational institutions.

News Summary:

  • Ensure strict implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act).
  • Conduct awareness programmes for better reporting of cases.
  • Conduct a background check on those responsible for running coaching centres.

PoSH Act:

  • It was enacted for making workplaces safer for women by preventing, prohibiting and redressing acts of sexual harassment against them in the workplace.
  • Act is based on Vishaka guidelines laid down by Supreme Court in 1997.
  • Features –
    • Defines sexual harassment at workplace and creates a mechanism for redressal of complaints.
    • Wide definition of aggrieved woman to cover all women, irrespective of their age or employment status and whether in organized or unorganized sectors, public or private, and covers clients, customers and domestic workers as well.
  • An Internal Complaints Committee (ICC) is mandatory in every private or public organisation that has 10 or more employees.
  • District Officer to constitute Local Committee to receive complaints from organisations with less than 10 workers or if complaint is against the employer itself.

National Commission for Women:

  • Statutory body under the National Commission for Women Act, 1990
  • Established – 1992
  • Composition –
    • Chairperson (Nominated by the Central Government)
    • Member Secretary
    • 5 other members
  • Mission – To strive towards enabling women to achieve equality and equal participation in all spheres of life by securing her due rights and entitlements through suitable policy formulation, legislative measures, etc.
  • Functions –
    • Review the constitutional and legal safeguards for women.
    • Recommend remedial legislative measures.
    • Facilitate redressal of grievances.
    • Advise the Government on all policy matters affecting women.
    • Acts suo-moto in several cases to provide speedy justice.

Constitutional Safeguards for Women:

  • Fundamental Rights – Article 14, Article 15(1) and Article 15(3)
  • Fundamental Duties

Reference: The Hindu

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