Basics of the Act

Basics of the Act

In this, we are discussing the Basics of the Act- PoSH Act 2013. 

Background

The Supreme Court of India, in 1997, in the Vishaka Judgment, for the first time, acknowledged sexual harassment at the workplace as a human rights violation. The Supreme Court relied on the Convention on the Elimination of All Forms Discrimination Against Women, adopted by the General Assembly of the United Nations, in 1979, which India has both signed and ratified.

Objectives of the Law

While discussing the basics of the act, we can’t ignore the objectives of the law. The Sexual Harassment Act has been enacted with the objective of providing protection to women against sexual harassment at the workplace and for the prevention and redressal of complaints of sexual harassment. Sexual harassment is considered a violation of the fundamental right of a woman to equality as guaranteed under Articles 14 and 15 of the Constitution of India. It has also been considered a violation of her right to life and to live with dignity guaranteed by Article 21 and also a violation of a right to practice or to carry out any occupation, trade, or business under Article 19 (1) (g) of the Constitution, which includes a right to a safe working environment free from sexual harassment.

Scope of the Act

The ambit of the Act is very wide. The Act is applicable to the organized sector as well as the unorganized sector. In view of the wide definition of ‘workplace’, inter alia, it applies to government bodies, private and public sector organizations, non-Governmental Organisations, organizations carrying on commercial, vocational, educational, entertains mental, industrial, financial activities, hospitals and nursing homes, educational institutes, sports institutions and stadiums used for training individuals.

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