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ARTICLE · 14 SEPTEMBER 2017

Prevention Of Workplace Sexual Harassment: Compliance And Beyond

The Government of India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act

IndiaEmployment and HR

Introduction

The Government of India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act ("POSH") in 2013 for protection, prevention, and redressal of sexual harassment against women at workplace.1 POSH mandates employers to take positive steps for grafting zero-tolerance towards sexual harassment and any failure is penalized with fine and may also lead to cancellation of business licenses. However, after 4 years of implementation, there is no reliable statistics for analyzing the extent to which employers comply with POSH and the number of complaints raised and redressed.

This bulletin aims at providing an overview of the employer's compliances under POSH, the practical issues encountered by them, and approach of the judiciary towards non-compliance. It also attempts to illustrate certain "extra" steps taken by employers, moving beyond the realm of statutory compliances, in order to create an environment free from

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