POSH (Prevention of Sexual Harassment) Act: Complete Case History and In-depth Understanding
The POSH Act, 2013 was introduced in India to prevent, prohibit, and redress sexual harassment of women at the workplace. It aligns with the guidelines laid down by the Supreme Court in the landmark Vishaka judgment of 1997. Here's a detailed exploration of the legislation, its implications, and how it has been applied in various cases. 1. Genesis of POSH Act, 2013 The Vishaka Guidelines (1997) The Supreme Court's judgment in Vishaka & Ors. vs. State of Rajasthan (1997) came in response to the gang-rape of a social worker, Bhanwari Devi, in Rajasthan. This case highlighted the absence of specific legal provisions addressing workplace sexual harassment. The Vishaka Guidelines were issued to define sexual harassment, outline employer responsibilities, and mandate the establishment of grievance redressal mechanisms in workplaces. 2. Key Features of the POSH Act Definition of Sexual Harassment Sexual harassment includes unwelcome acts suc...