POSH for Healthcare Workers: What Female Doctors and Nurses Should Know.

1. What is Considered Sexual Harassment in Healthcare?

The POSH Act defines sexual harassment as any unwelcome sexual behaviour that makes a woman feel unsafe or uncomfortable at work.

Common Forms of Sexual Harassment in Hospitals and Clinics

Harassment by Senior Doctors and Supervisors

• Making inappropriate comments or jokes.
• Asking for sexual favours in exchange for promotions or better shifts.
• Unnecessary physical contact during medical training or patient rounds.

Harassment by Patients or Visitors

• Making inappropriate comments about appearance.
• Touching nurses or doctors inappropriately.
• Repeatedly asking for personal contact details.

Workplace Discrimination and Gender Bias

• Favouring male doctors for leadership roles.
• Assigning more night shifts to female nurses unfairly.
• Ignoring complaints made by women against male colleagues.

Example: A female nurse is touched inappropriately by a patient during a check-up. When she reports it, the hospital ignores her complaint—this is a violation of the POSH Act.

2. Who is Protected Under POSH in Healthcare?

The POSH Act protects all women working in the healthcare industry, including:

• Doctors (junior and senior)
• Nurses and ward staff
• Medical interns and trainees
• Lab technicians and pharmacists
• Receptionists and administrative staff
• Female workers in private clinics and government hospitals

Even if you are an intern or temporary staff, you are legally protected under POSH.

3. How to File a POSH Complaint in a Hospital or Clinic?

Step 1: Report the Incident to the Internal Complaints Committee (ICC)
Every hospital with 10 or more employees must have an ICC to handle sexual harassment complaints.
Submit a written complaint within 3 months of the incident.
The ICC must start an inquiry within 7 days.
If your hospital does not have an ICC, you can report to the Local Complaints Committee (LCC).

Step 2: Provide Evidence (If Available)

• Medical records or CCTV footage (if the harassment happened in a monitored area).
• Text messages, emails, or chat screenshots showing inappropriate behaviour.
• Witness statements from other staff members or patients.

Step 3: ICC Investigation and Actions
The ICC must complete the inquiry within 90 days.
If harassment is proven, the hospital must take strict action against the offender.

Possible actions include:

• Suspension or termination of the harasser.
• Compensation for the victim (if financial loss occurred).
• Mandatory sexual harassment training for all staff.

Step 4: Appeal to a Labor Court (If needed)
If the ICC's decision is unfair, you can:

• Appeal in labour court within 90 days.
• File a police complaint if the harassment was severe (physical assault, stalking, threats).

4. Legal Rights of Healthcare Workers Under POSH

The POSH Act gives female doctors, nurses, and medical staff the following rights:

• Right to a Safe Workplace: Hospitals must ensure a harassment-free environment.
• Right to Confidentiality: The victim's identity must be kept secret.
• Right to Protection from Retaliation: Employers cannot fire or demote a woman for filing a POSH complaint.
• Right to Fair Investigation: The ICC must complete enquiries within 90 days.
• Right to Legal Action: If harassment is serious, victims can file an FIR with the police.

Example: A female intern is harassed by a senior doctor. She reports it to HR, but they threaten to fire her if she continues the case—this is illegal under POSH.

5. What Should Hospitals and Clinics Do to Prevent Harassment?

Under the POSH Act, every hospital and healthcare facility must take these steps:

• Set up an Internal Complaints Committee (ICC): Required for hospitals with 10+ employees.
• Conduct POSH training: All staff must attend sexual harassment prevention workshops.
• Display POSH Policies: Posters and guidelines must be visible in hospitals.
• Take Action Against Harassers: Strict action against any staff, patient, or visitor involved in harassment.
• Ensure Safe Reporting: Female employees should be able to report harassment without fear.

Example: A private hospital fails to set up an ICC. If a female doctor files a POSH complaint and no action is taken, the hospital can be fined ₹50,000 for non-compliance.

6. What to Do If Your Hospital Ignores Your POSH Complaint?

If your hospital fails to take action, you can:

• Report to theLocal Complaints Committee (LCC) in your district.
• Approach a labour court for employer non-compliance.
• File a police complaint (if the harassment involved physical assault or threats).

Example: A nurse reports harassment by a senior doctor. The ICC delays the case and takes no action. She can take the case to a labour court or LCC.

7. FAQs on POSH for Healthcare Workers

Can patients harass healthcare workers?
Yes! Patients, visitors, or attendants can be reported for harassment under POSH laws.

What if my hospital does not have an ICC?
You can file your complaint with the Local Complaints Committee (LCC).

Can I file a complaint anonymously?
No. However, your identity will be kept confidential throughout the investigation.

What if my employer retaliates after I report harassment?
Retaliation is illegal under POSH. You can take legal action in a labour court.

Can I file a POSH complaint after resigning?
Yes! Complaints must be filed within 3 months of leaving the job.

Conclusion: Protecting Healthcare Workers from Harassment

• All female doctors, nurses, and medical staff are protected under POSH.
• Every hospital must have an ICC to handle complaints.
• Victims should report harassment immediately and demand fair action.
• Employers must ensure a safe and respectful workplace.

If this article helped you, share it with fellow healthcare workers to spread awareness!