In Delhi, the legal framework governing POSH (Prevention of Sexual Harassment) compliance is primarily regulated by the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

Enacted to ensure a safe and secure working environment for women, the POSH legislation aims to prevent and address incidents of sexual harassment in the workplace effectively.

Key provisions of the Prevention of Sexual Harassment Act include:

Definition of Sexual Harassment: The Act defines sexual harassment broadly, encompassing various unwelcome acts or behaviors of a sexual nature. This includes physical, verbal, non-verbal, or written conduct that is intimidating, hostile, offensive, or creates a hostile work environment for women.
Applicability: The Act applies to all workplaces, both in the public and private sectors, including organizations, institutions, and government departments. It covers formal and informal work setups and extends to situations where the victim and harasser do not have an employer-employee relationship, such as clients, customers, or contractors.
Constitution of Internal Complaints Committee (ICC): Organizations with ten or more employees must constitute an Internal Complaints Committee. The ICC is tasked with receiving, investigating, and resolving complaints of sexual harassment. It must include a presiding officer (a woman), at least two other members (one of whom should be a woman), and representation from an external organization or NGO working in the field of sexual harassment.
Duties and Functions of the ICC: The ICC is responsible for conducting inquiries into complaints of sexual harassment, maintaining confidentiality, providing a fair and impartial hearing, and recommending appropriate actions and penalties against the harasser.
Reporting and Redressal Mechanism: Employers must establish a formal reporting mechanism for sexual harassment complaints. They are required to widely publicize the details of the ICC, including contact information, and provide information about the rights and remedies available to the victim.
Protection against Retaliation: The Act prohibits retaliation against individuals who file complaints of sexual harassment. Employers must ensure that victims are protected from adverse consequences for reporting incidents of harassment.
Awareness and Training: Organizations are mandated to conduct awareness programs and training sessions to educate employees about the provisions of the Act, their rights, and the procedures for filing complaints. Training should cover aspects of prevention, reporting, and support mechanisms.