Sexual harassment is an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated, where a reasonable person would anticipate that reaction in the circumstances.

Examples of sexually harassing behaviour include:

- unwelcome touching;

- staring or leering;

- suggestive comments or jokes;

- sexually explicit pictures or posters;

- unwanted invitations to go out on dates;

- requests for sex;

- intrusive questions about a person's private life or body;

- unnecessary familiarity, such as deliberately brushing up against a person;

- insults or taunts based on sex;

- sexually explicit physical contact; and

- sexually explicit emails or SMS text messages.

- Any aggrieved woman can file a complaint of sexual harassment to ICC within 3 months of the incident. This period can be further extended by another 3 months.

- Where the woman is unable to make a complaint due to her physical incapacity, her legal heir, relative or friend, co-worker, an officer of the National Commission for Women or State Women???s Commission may make a complaint on her behalf.

- If the woman is suffering from mental incapacity, a qualified psychiatrist or psychologist or the guardian or authority under whose care she is receiving treatment or care, can file the complaint.

- Firstly, the ICC may try to concile the matter between the parties, if the aggrieved woman requests this. But monetary settlement cannot be the basis of such conciliation.

- If no solution is reached, the ICC will inquire into the complaint and give both parties a chance to be heard and complete the inquiry within 90 days. During the inquiry process neither party will be allowed to bring their lawyer.

- The ICC will then prepare an inquiry report giving recommendations on the matter in 10 days, and give a copy of the same to the employer and the concerned parties.

- The employer is then required to act on the recommendations within 60 days.

- If a victim is dissatisfied with the findings of ICC, she can appeal to an appropriate Court/tribunal.

The ICC could either-

- Transfer the aggrieved woman or the respondent to any other workplace;

- Grant leave to the aggrieved woman up to a period of three months (in addition to the leave she would be otherwise entitled), during pendency of inquiry, but only if the victim makes a written request.

Rule 8 of the Rules, provides for further relief to complainants during pendency of inquiry, such as: restraining the respondent from reporting on the work performance of the aggrieved woman or writing her confidential report, and assign the same to another officer.

Compensation??? While determining compensation, ICC may take note of:

- mental trauma,

- pain,

- suffering; and

- emotional distress caused to the victim;

- loss in career opportunity;

- medical expenses incurred by the victim for physical or psychiatric treatment;

- income and financial status of the Respondent; and

- feasibility of such payment in lump sum or in installments.

The law has provided for several duties of the employer. Such duties begin at the time when an employer has to set up an internal complaints committee to ensure that aggrieved can file their complaints and seek redressal to such complaints and end at the time when the employer has provided certain data, in accordance with the provisions of the law, in relation to sexual harassment in its annual report. There are several other duties of an employer under the law, some of which are provided below:

- Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace.

- Display at any conspicuous place in the workplace, the penal consequences of sexual harassments: and the order constituting, the Internal Committee.

- Organize workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee.

- Provide necessary facilities to the Internal Committee for dealing with the complaint and conducting an inquiry.

- Assist in securing the attendance of respondent and witnesses before the Internal Committee.

- Make available such information to the Internal Committee as it may require having regard to the complaint.

- Provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code.

- Cause to initiate action, under the Indian Penal Code or any other law for the time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place.

- Treat sexual harassment as misconduct under the service rules and initiate action for such misconduct.

- Monitor the timely submission of reports by the Internal Committee.

Offences under the Act are non-cognizable which means one cannot be arrested without a warrant.

LACK OF TRAINING AND AWARENESS
It can be extremely time consuming and cumbersome to deliver the required training to the ICC members which leads to employers very often overlooking this need.

EMPLOYEE'S LACK OF CONFIDENCE
Employees often choose not to report instances of sexual harassment due to a lack of confidence in the ICC and fear of hierarchy.

EXCESSIVE IMPLEMENTATION COSTS
The POSH laws require organizations to draft separate internal policies, appoint an external member for the ICC, conduct workshops and so on. This adds to the organization???s expenses which often employers try to avoid.

The POSH Laws are meant to protect every possible working woman and give her the means to seek redressal on issues of workplace harassment; the scope of this law is very wide.

The guiding principles of this law are to ensure that any woman who walks into any organization has a forum to seek redressal when faced with an issue of sexual harassment.

Accordingly, every person running an organization (i.e., any person responsible for the management, supervision, and control of the workplace and management), immaterial of the sector of operations, number of persons employed and the nature of business (profitable versus non-profit) must comply with POSH laws.

The Internal Committee shall consist of a minimum of 4 members who are to be nominated by the employer of the organization, and they are:

a) A Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees.

b) Not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge.

c) One member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.

It must be noted that at least one-half of the total Members nominated shall be women.