Question 1

What is the POSH Act, 2013?

Accepted Answer

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is an Indian law that protects women from sexual harassment at the workplace. It mandates that every organization with 10 or more employees constitute an Internal Committee (IC) to receive and adjudicate complaints, and conduct regular awareness programmes.

Question 2

Which organizations must comply with the POSH Act?

Accepted Answer

Every employer with 10 or more employees — across private sector companies, NGOs, government bodies, educational institutions, and even unorganized sector workplaces — is legally required to comply. Non-compliance can attract penalties up to ₹50,000 and cancellation of business licences.

Question 3

What is an Internal Committee (IC) under POSH?

Accepted Answer

The Internal Committee is the in-house redressal body mandated under the Act. It must have at least four members: a Presiding Officer (a senior woman employee), two other employees, and one external member who is an expert in women's rights or social work. The external member brings independence and credibility to the inquiry process.

Question 4

What are the mandatory annual requirements under POSH?

Accepted Answer

Organizations must: (1) constitute and maintain an active IC, (2) conduct at least one awareness or training programme annually, (3) display the POSH policy prominently, (4) submit an annual IC report to the employer and District Officer, and (5) include IC details in the annual report filed under the Companies Act.

Question 5

What happens if an organization fails to comply with POSH?

Accepted Answer

Non-compliance can result in a monetary penalty of up to ₹50,000 for a first offence, doubling for repeat violations. Continued non-compliance can lead to cancellation or non-renewal of business licences. Unaddressed complaints also carry significant reputational and legal risk for the organization and its leadership.

Question 6

How often should POSH training be conducted?

Accepted Answer

The Act requires at least one awareness programme per year. Best practice is to run induction training for new hires, annual refreshers for all employees, and specialized training for IC members covering inquiry procedures, trauma-informed questioning, and natural justice principles.

Question 7

Who can be a member of the Internal Committee?

Accepted Answer

The IC must include a senior woman employee as Presiding Officer, at least two employees committed to women's welfare, and one external member — a lawyer, NGO representative, or person familiar with sexual harassment issues. The external member is essential; an IC without one is non-compliant.

Question 8

What should an employee do if they face sexual harassment at work?

Accepted Answer

An aggrieved employee should file a written complaint with the IC — or the Local Committee if the employer has fewer than 10 employees — within three months of the incident. The IC must complete its inquiry within 90 days. Employees may also seek conciliation as a first step if preferred.

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