Consult Best POSH Lawyer/Advocate

Sexual harassment at the workplace is a terrifying experience. The NCRB (National Crime Records Bureau) reports that there were 400 sexual harassment related cases reported between 2018 and 2022. What’s more, women feel hesitant to come out and report such incidents out of discomfort.

An incident of sexual harassment or workplace abuse can occur in the form of suggestive comments, constant requests for sexual favours, or inappropriate gestures.

The POSH Act in India exists to prevent incidents of sexual harassment in the workplace. Additionally, this Act helps victims find justice if they experience any incidents of sexual harassment in the workplace.

What Does a Posh Lawyer Do?

A POSH lawyer helps employees facing sexual harassment file complaints and seek a solution. Additionally, they guide employers on how to form Internal Complaints Committees (ICC) and ensure compliance with the Prevention, Prohibition, and Redressal Act, 2013.

It’s critical for employers to take note of the importance of POSH compliance. It’s more than ensuring legal compliance. Making an organisation POSH compliant is a step toward building a gender-equal and respectful work culture.  

Understanding the POSH Act 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is commonly known as the POSH Act. It came into existence as the landmark Vishaka Guidelines issued by the Supreme Court in 1997. It mandates protection for women from sexual harassment in workplaces that employ 10 or more employees. The Act is applicable to remote and virtual work setups as well. 

Key Elements of the POSH Act:

The following are the key elements of the POSH Act: 

• First, it defines sexual harassment broadly. The Act descriptively includes different types of (verbal, non-verbal, physical contact, request of sexual favours) unwelcome physical behaviours translated as sexual harassment. 
• POSH applies to all sectors—corporate, NGOs, government, and educational institutes. 
• Institutions adopting POSH are required to form an Internal Complaints Committee for redressal. 
• It enforces workplace prevention, prohibition, and women in the workplace prevention mechanisms. 

Why It Matters:

A recent Forbes India article cites the rise of sexual harassment related cases in India by 79% compared to the last five years. In 2024 alone, 2777 cases were filed. It’s important for organisations to maintain POSH compliance. Additionally, non-compliance can lead to legal penalties, financial risks, and reputational damage to an institution. 

Role of a POSH Lawyer: How Vidhikarya Supports You

Whether you’re a victim seeking justice or an employer aiming for compliance, POSH lawyers play a critical role in assisting with finding a solution.

For Victims:

• Guidance on filing complaints with ICC or LCC.
• Support for maintaining anonymity and navigating the 3-month complaint window.
• Legal representation during inquiries and appeals.

For Employers:

• Assistance with ICC formation and policy drafting.
• Conducting POSH training and awareness programs.
• Acting as external ICC members for unbiased investigations.
• Drafting annual reports and ensuring confidentiality.

Services Offered by Vidhikarya POSH Lawyers:

• Drafting and reviewing POSH policies. 
• Conducting educational sessions relating to harassment and conduct of a sexual nature in the workplace. 
• Legal representation in redressal proceedings. 
• Risk mitigation for false POSH complaints. 
• Providing 24/7 support and affordable retainers across India (Delhi, Mumbai, and Bangalore).

Note: We help you navigate the complexities of adopting POSH in a workplace. Additionally, employees seeking help for sexual harassment related cases at the workplace can also find solutions with us. 

Step-by-Step Guide: Filing a Complaint and Seeking Redressal

Individuals who experienced sexual harassment (through verbal conduct, non-verbal, or in other forms) must take the following steps to seek redress through the ICC.  

1. First, recognise the nature of the harassment (whether physical, verbal, or non-verbal)
2. Document the evidence—emails, messages, and witness accounts. 
3. Approach ICC/LCC for a solution. Submit a written complaint to them within 3 months of the incident. 
4. Inquiry Process: The ICC investigates and recommends action against the complaint within 90 days. 
5. The outcome of the case ends up in an apology, transfer of the accused, providing compensation, and even termination of the accused. 

Seek additional support by checking out platforms such as SHe-Box and helplines from NCW for further support. 

This process is central to the prevention and redressal mechanisms under the POSH Act in India.  

Common Challenges and Best Practices

Common challenges regarding the POSH Act include the following:

Challenges:

• Delayed inquiries
• Power imbalances
• Lack of evidence in complaints filed

Best Practices:

• Annual POSH training for all employees
• Clear zero-tolerance policies
• Inclusive workplace culture

Empower Your Workplace 

Protect your employees’ rights to a safe workplace by complying with POSH in your organisation today. With the help of POSH lawyers, you can make your organisation POSH compliant. Additionally, employees who want justice for sexual harassment in the workplace can also reach out to POSH lawyers for consultation and legal solutions. 

Connect with POSH lawyers today and empower your workplace with the voice to seek help for injustice. Also, you can seek help from POSH lawyers as an employee to seek redressal.