Explanation –

Statements 1 and 2 are incorrect. The Act specifically addresses sexual harassment of women in the workplace, and its provisions apply to all organizations that employ women. While the Act does provide for the protection of all individuals in the workplace, regardless of their gender, its main focus is on protecting women from sexual harassment. The POSH Act applies to all workplaces in India, including public and private sector organizations, NGOs, and educational institutions. It also applies to workplaces that are located outside of India, but where the employer is an Indian citizen or an Indian company.

The POSH Act does define sexual harassment. Section 2(n) of the POSH Act defines sexual harassment as: any unwelcome sexual behaviour, whether directly or impliedly, such as: (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

The POSH Act also provides safeguards against false or malicious charges. Section 14 of the POSH Act states that the Internal Complaints Committee (ICC) shall inquire into the complaint and submit a report to the employer within 60 days. The report shall contain the findings of the inquiry and recommendations for action to be taken by the employer. The employer is required to take action on the recommendations of the ICC within 60 days of receiving the report. If the employer finds that the complaint is false or malicious, the employer may take disciplinary action against the complainant.

Statement 3 is correct. The POSH Act mandates States to appoint a District Officer in every district. Functions of District Officer under POSH Act are: Constitute Local Complaints Committees (LCCs), Appoint Nodal Officers, Submit Annual reports to Government.

Source: ForumIAS