Is a Sexual Harassment Policy Mandatory for Every Organization? Can You Share Yours?

Dear All,

Is it compulsory to draft and implement a Sexual Harassment Policy in all organizations? Can somebody share a copy of the policy?

Regards,
SG Thomas

Organizations employing 10 or more persons should have a written prevention policy. Model policies are available on the internet.

Dear friend,

At present, we need to establish a separate wing to handle harassment cases involving women who are subjected to harassment by fellow workers, bosses, and other issues.

I am providing the link to guide the next steps: [http://indiacode.nic.in/acts-in-pdf/142013.pdf](http://indiacode.nic.in/acts-in-pdf/142013.pdf)

Best of luck.

Every organization having 10 or more employees (irrespective of gender) has to comply with the provisions of the law on prevention of sexual harassment at the workplace. The policy has to be made and implemented by the company. There are a few other compliances like training the people, forming an internal committee, etc.

If you need professional help, please feel free to connect.

Dear Guidance-Seekers,

Providing protection to women from sexual harassment at the workplace and creating a safe and secure workplace environment where no woman shall be subjected to sexual harassment is the sole objective of the new law, namely "Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013." Let us all understand and recognize this fact once and for all.

Every workplace in India is covered by the said act, irrespective of the number of persons employed or engaged at any workplace, establishment, or institution, whether registered or not.

A mindful, careful reading of the introductory paragraph in the said Act of 2013 will make it categorically clear that all workplaces, including our dwelling houses, are also covered. Thus, a workplace for the women engaged by the householder, house owner, or house occupier is included. Consequently, the occupier of the household, even if it's a workplace for just one woman, is law-bound to provide protection to her from sexual harassment, and there is no exemption whatsoever. In case of a complaint of sexual harassment, the occupier is legally responsible to take action, including forwarding the complaint to the Local Committee (LC).

Where the law prescribes that the act shall apply only when there is a specific number of women employed at the workplace, let us all be crystal clear about the purpose of this law rather than conclude its applicability based on any number.

Every employer or head of the institution in India is legally responsible and accountable to obey the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013, particularly keeping in mind the Amendment 2013, which underlines that the Internal Committee or Local Committee has to be effectively functional only in case of a sexual harassment complaint and should remain dormant if there is no complaint.

Let us refer to Section 19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 to clarify whether the employer should adopt and notify a policy statement applicable to the workplace. PoSH Policy notification/display is an express public commitment to making the workplace a safe and secure place, indeed the best place to work, where no woman shall be subjected to sexual harassment, and her fundamental right to life with dignity, honor, and equality guaranteed by the Constitution of India is duly honored. Clarification seekers are still welcome.

Regards, Sharan, Kritarth Team of Spl Educators PoSH Implementation [Kritarth Consulting Private Limited](http://www.kritarth.in) [Email Removed For Privacy Reasons] [Phone Number Removed For Privacy-Reasons] 29 Sept 2017