INTRODUCTION
Creating a secure, respectful, and inclusive workplace in today's job environment is not just a moral obligation but also a legal mandate. The Prevention of Sexual Harassment (POSH) Act, 2013, marked a significant advancement in India aimed at tackling and preventing sexual harassment of women in the workplace. However, just establishing Internal Committees or developing policies is insufficient. It is essential to provide mandatory POSH training for all staff- irrespective of gender, role, or department to effectively address harassment and foster a positive company culture.
This blog discusses the importance of POSH training, its legal foundation, and how it acts as a vital instrument to avert harmful workplace environments.
LEGAL PROVISIONS UNDER THE PREVENTION OF SEXUAL HARASSMENT ACT, 2013
The POSH Act (Sexual Harassment of Women at Workplace – Prevention, Prohibition and Redressal Act, 2013) outlines specific responsibilities for employers:
Section 4: Mandates constitution of the Internal Committee (IC) in organisations with 10 or more employees.
Section 19: Places duties on employees, including:
- Ensuring awareness and orientation programs
- Organizing workshops for sensitizing employees
- Displaying policy and penal consequences of sexual harassment
- Assisting in securing a safe workplace
Non-compliance can lead to fines up to Rs 50,000 and even cancellation of business licenses upon repeated violations.
KEY ELEMENTS OF POSH TRAINING INCLUDE:
- Understanding what constitutes sexual harassment
- Differentiating between welcome and unwelcome conduct
- The redressal mechanism under the Act
- Rights and Duties of employees and the Internal Committee
BENEFITS OF MANDATORY POSH TRAINING
1.Creates awareness and sensitivity
Employees become aware of acceptable behavior and consequences of crossing boundaries.
Helps build mutual respect across genders.
2.Prevents workplace harassment
Knowledge acts as a deterrent- individuals are less likely to engage in inappropriate behavior when they know the consequences.
3.Encourages reporting and support
Victims feel empowered to come forward when they know there is a safe, confidential redressal mechanism.
Helps reduce fear of retaliation.
4.Promotes a positive and inclusive culture
Regular training builds trust and accountability, discouraging toxic behaviors like bullying, gaslighting and favoritism.
5.Compliance and legal protection
Organizations protect themselves from legal liability and reputational harm by showing they have taken preventive steps.
6.Reduces attrition and enhances productivity
A respectful environment keeps employees motivated and focused, reducing turnover due to harassment related issues.
RELEVANT CASE LAWS
1.Vishaka v. State of Rajasthan (1997)
This landmark judgement laid down the ‘Vishaka Guidelines’, which were later codified into the POSH Act. The Supreme Court acknowledged sexual harassment as a breach of basic rights set forth in Articles 14, 15, and 21 of the Indian Constitution.
2.Medha Kotwal Lele v. Union of India (2013)
The Supreme Court reiterated that failure to implement Vishaka guidelines amounted to a violation of constitutional rights and directed strict action against defaulting organizations.
3.Apparel Export Promotion Council v. AK Chopra (1999)
The court held that even an attempt to molest or harass a female employee was punishable and must be dealt with seriously by employers.
FAQs
Q1. Is it a legal requirement for all organizations to provide POSH training?
Indeed, according to Section 19 (c) of the POSH Act, every organization with at least 10 employees is required to organize ongoing awareness and sensitization sessions.
Q2. Who should undergo POSH training?
All employees- permanent, contractual, interns and consultants should be trained. Management and Internal Committee members require in-depth training.
Q3. Can POSH training be conducted online?
Yes. Especially in remote or hybrid setups, virtual training can fulfill compliance requirements if properly documented.
Q4. What happens if an organization does not conduct POSH training?
Non-compliance can attract penalties under Section 26 of the Act, including fines and the potential cancellation of licenses or registrations.
CONCLUSION
Making POSH training mandatory is not merely a tick-box exercise for compliance – it is an essential step toward creating a safe, inclusive and empowering workplace. An organization that invests in POSH awareness is one that values its people, respects boundaries and proactively addresses misconduct before it escalates.
With rising awareness and accountability, POSH training should be seen as a transformational tool- not just for protecting women, but for nurturing a workplace that stands for dignity, equity and justice.
