The POSH (Prevention of Sexual Harassment) Act 2013 and POSCO

The POSH (Prevention of Sexual Harassment) Act 2013 and POSCO (Protection of Children from Sexual Offences) A COMPARATIVE

The POSH (Prevention of Sexual Harassment) Act 2013 and POSCO (Protection of Children from Sexual Offences) Act are two distinct pieces of legislation in India, each aimed at addressing different aspects of sexual misconduct and abuse. Here's a comparative overview of these two acts:

1. Purpose and Scope:

• POSH Act 2013: The POSH Act primarily deals with the prevention and redressal of sexual harassment at workplaces, including both the public and private sectors. It mandates the establishment of Internal Complaints Committees (ICCs) in organizations to handle complaints of sexual harassment.

• POSCO Act: The POSCO Act focuses on the protection of children from sexual offenses. It is designed to safeguard minors (below 18 years of age) from sexual abuse and exploitation, irrespective of the location where such offenses occur.

2. Applicability:

• POSH Act 2013: Applicable to workplaces, including government, private, and non-profit organizations, covering employees, interns, and volunteers.

• POSCO Act: Applicable to all children below the age of 18, regardless of the setting, including homes, schools, and institutions.

3. Offenses:

• POSH Act 2013: Addresses sexual harassment in the workplace, including unwelcome physical contact, verbal or written advances, creating a hostile work environment, and more.

• POSCO Act: Covers a wide range of sexual offenses against children, including but not limited to sexual assault, penetration, non-penetrative sexual acts, child pornography, and using a child for sexual purposes.

4. Authorities:

• POSH Act 2013: Empowers Internal Complaints Committees (ICCs) within organizations to investigate and resolve complaints of sexual harassment. It also requires the formation of Local Complaints Committees (LCCs) at the district level for organizations with less than 10 employees.

• POSCO Act: Designates Special Courts for the speedy trial of cases under the Act and the establishment of Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) to deal with cases involving children.

5. Penalties and Punishments:

• POSH Act 2013: Penalties for non-compliance with the Act include fines and the possibility of cancellation of licenses or registrations of organizations. Punishments for sexual harassment at the workplace vary but can include warnings, termination, or legal action.

• POSCO Act: Specifies severe penalties for offenses against children, including imprisonment, with the length of the sentence varying depending on the severity of the offense.

6. Reporting:

• POSH Act 2013: Encourages victims of sexual harassment to report incidents to the ICC or LCC within their organization. It also allows for complaints to be filed with the police in certain circumstances.

• POSCO Act: Encourages the reporting of offenses to the police or child protection agencies, with provisions for the protection and support of child victims during the legal process.

In summary, while both the POSH Act 2013 and the POSCO Act address issues related to sexual misconduct, they differ in their scope, applicability, and focus. The POSH Act is primarily concerned with workplace harassment, while the POSCO Act is focused on protecting children from sexual offenses in all settings.