Source: IE
Context: The Supreme Court is hearing a PIL on applying the POSH Act to political parties, questioning their status as workplaces and Internal Complaints Committees (ICC) compliance.
About POSH Act:
- What is POSH Act?
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- Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
- Objective: Protect women from sexual harassment at workplaces and ensure a mechanism for redressal.
- Important Sections of the Act:
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- Section 3(1): Prohibits sexual harassment at the workplace.
- Section 4: Mandates the formation of an Internal Complaints Committee (ICC) in every workplace.
- Section 9: Details the procedure for filing a complaint within three months of the incident.
- Section 13: Discusses the inquiry procedure and actions against the accused if found guilty.
- Who is Covered Under the Act?
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- Employees: Includes permanent, temporary, contract workers, interns, and volunteers.
- Workplace: Includes offices, public and private institutions, houses, hospitals, transport, and places visited during employment.
- Features of the POSH Act:
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- ICC Formation: Requires at least one external member with expertise in addressing sexual harassment.
- Wide Definition of Workplace: Covers places visited during employment and extends to remote work settings.
- Employer Responsibility: Ensures compliance, raises awareness, and reports annual compliance status.
- Penalties: Non-compliance attracts fines and reputational damage for the organization.
- Judicial Judgments on POSH Act:
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- Vishaka vs. State of Rajasthan (1997): Laid down guidelines for workplace sexual harassment, which later became the foundation for the POSH Act.
- Kerala HC (2022): Held that political parties are not workplaces under the Act due to the absence of an employer-employee relationship.
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