The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ("Pposh act 2013"), India's first legislation particularly addressing the subject of workplace sexual harassment, was adopted in 2013 by the Ministry of Women and Child Development. The Government later notified the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Rules, 2013 ("posh act 2013") under the posh act 2013.
The Criminal Law (Amendment) Act, 2013 ("Criminal Law Amendment Act"), which criminalised offences such as sexual harassment, stalking, and voyeurism, was also passed in 2013.The posh act 2013 was created with the goal of preventing and protecting women from workplace sexual harassment, as well as ensuring proper redressal of sexual harassment complaints.
While the statute's goal is to provide every woman (regardless of age or job level) with a safe, secure, and dignified working environment free of all types of harassment, adequate implementation of the statute's provisions remains an issue.
Scope and applicability Applicable Jurisdiction: The posh act 2013 applies to the "entire country of India." An 'aggrieved woman' in regard to a workplace, according to the posh act 2013, is a woman of any age, whether employed or not, who asserts to have been subjected to any act of sexual harassment. Given that the criteria does not require the woman to be an employee, a customer or client who is sexually harassed at work may seek protection under the POSH Act.
Section 1 of the Prevention of Workplace Sexual Harassment Act Section 2(a) of the Prevention of Workplace Sexual Harassment Act Furthermore, the posh act 2013 states that a woman shall not be exposed to sexual harassment in her employment. As a result, it should be underlined that in order for a woman to seek protection under the POSH Act, the sexual harassment episode must have occurred at the 'workplace.' The posh act 2013 is not gender-neutral and solely protects women. As a result, the POSH Act's protections do not apply to'men' victims, however employers may opt to extend the protection through their policy.