Posh at Work Places

The Bill introduced in the Rajya Sabha, published in the Gazette of India on December 08, 2023. Following are  proposed Amendments to POSH Act roles,  1.Nullification of Local Complaints Committee (LC) replaced by Employment Tribunal. "Local Committee" replaced with "Employment Tribunal" throughout POSH Act. Employment Tribunal empowered to treat sexual harassment cases as legal trials for increased efficiency and conviction rates. 2. Constitution of Employment Tribunal Chairperson: Retired female judge of District Court. Members include retired female judge, social activist, woman from the district, sociologists, and female advocates. 3. Prolonged Timeframe for Complaints Section 9 modified for aggrieved women to file complaints within a reasonable timeframe. Employment Tribunal can extend the time limit with written justification based on circumstances. 4.  Rectifying Terminology Inconsistencies Substitution of "recommend to" with "direct" in ...

The POSH Act (Prevention of Sexual Harassment at Workplace Act, 2013) and the POCSO Act (Protection of Children from Sexual Offences Act, 2012) are two landmark legislations in India that aim to protect individuals from sexual misconduct and abuse. While both laws address different contexts and demographics, they are united in their mission to uphold dignity, safety, and justice. The POSH Act, 2013 The POSH Act was enacted in response to the increasing awareness of sexual harassment in workplaces. The law is based on the Supreme Court’s guidelines laid down in the famous Vishaka judgment of 1997. Its primary objective is to provide a safe and secure working environment for women. Key Features of the POSH Act The act defines sexual harassment as unwelcome physical, verbal, or non-verbal conduct of a sexual nature. It applies to all workplaces, including private organizations, public sector units, NGOs, and even domestic workers. Organizations with 10 or more employees are required to c...

The Prevention of Sexual Harassment ( POSH ) Act, 2013, was enacted to create a safe workplace environment and ensure that incidents of sexual harassment are addressed promptly and effectively. A key aspect of the Act is the process by which employees can file a complaint if they experience sexual harassment at work. This article delves into the complaint filing procedure under the POSH Act, including the essential timelines, extensions, and rights of the complainant. 1. Who Can File a Complaint under the POSH Act? The POSH Act allows any aggrieved woman to file a complaint if she has faced sexual harassment in the workplace. The complainant can be: • A woman employed in any capacity (temporary, permanent, part-time, or full-time). • An employee in an organization (including interns and contractual staff). • A woman visiting the workplace or a client of the organization. Additionally, if the complainant is unable to file a complaint due to physical or mental incapacity or for oth...

Constitution of the Internal Complaints Committee (ICC) under the POSH Act: Roles, Structure, and Responsibilities. Constitution of the Internal Complaints Committee (ICC) under the POSH Act : Roles, Structure, and Responsibilities. The Prevention of Sexual Harassment (POSH) Act, 2013, was enacted to address workplace sexual harassment in India and mandates every organization to establish an Internal Complaints Committee (ICC). The ICC plays a pivotal role in ensuring a safe and harassment-free work environment. Its primary responsibility is to investigate complaints of sexual harassment, ensure a fair inquiry, and recommend appropriate action. In this article, we will explore the structure, composition, and responsibilities of the ICC, along with the legal requirements governing its formation and operation. 1. Legal Mandate for the ICC under the POSH Act Under the POSH Act, every employer is legally required to establish an Internal Complaints Committee (ICC) in the workplace to handl...

The Prevention of Sexual Harassment ( POSH ) Act, 2013, was enacted to address workplace sexual harassment in India and mandates every organization to establish an Internal Complaints Committee (ICC). The ICC plays a pivotal role in ensuring a safe and harassment-free work environment. Its primary responsibility is to investigate complaints of sexual harassment, ensure a fair inquiry, and recommend appropriate action. In this article, we will explore the structure, composition, and responsibilities of the ICC, along with the legal requirements governing its formation and operation. 1. Legal Mandate for the ICC under the POSH Act Under the POSH Act, every employer is legally required to establish an Internal Complaints Committee (ICC) in the workplace to handle complaints of sexual harassment. This obligation applies to any organization with 10 or more employees. The ICC must be constituted at every branch or office location where the employee headcount meets this threshold. Failure to ...

The Prevention of Sexual Harassment ( POSH ) Act, 2013, was enacted to address workplace sexual harassment in India and mandates every organization to establish an Internal Complaints Committee (ICC). The ICC plays a pivotal role in ensuring a safe and harassment-free work environment. Its primary responsibility is to investigate complaints of sexual harassment, ensure a fair inquiry, and recommend appropriate action. In this article, we will explore the structure, composition, and responsibilities of the ICC, along with the legal requirements governing its formation and operation. 1. Legal Mandate for the ICC under the POSH Act Under the POSH Act, every employer is legally required to establish an Internal Complaints Committee (ICC) in the workplace to handle complaints of sexual harassment. This obligation applies to any organization with 10 or more employees. The ICC must be constituted at every branch or office location where the employee headcount meets this threshold. Failure to ...

The Prevention of Sexual Harassment ( POSH ) Act of 2013 marked a significant milestone in India's journey towards safer workplaces. However, a glaring gap remains in its coverage: the informal sector. With an estimated 90% of India's workforce employed in informal settings, the need to extend POSH protections to this vast and vulnerable population has become a pressing concern. The Current Landscape The Informal Sector in India India's informal sector encompasses a wide range of occupations, including: • Domestic workers • Street vendors • Agricultural laborers • Construction workers • Home-based workers These workers often lack formal contracts, social security benefits, and legal protections, making them particularly vulnerable to exploitation and harassment. Limitations of the Current POSH Act The POSH Act, in its current form, is primarily designed for formal workplaces. It mandates the formation of Internal Complaints Committees (ICCs) in organizations with ...

Sexual Harassment: Understanding and Addressing the Issue Sexual harassment is a serious and pervasive problem that affects individuals of all genders. It can create a hostile work environment, damage mental health, and limit career opportunities. Understanding what constitutes sexual harassment and knowing the available remedies is crucial for individuals to protect themselves and create a safer environment for everyone. What is Sexual Harassment? Sexual harassment can take many forms, but it generally involves unwanted sexual advances, requests for sexual favors, or other conduct of a sexual nature that creates a hostile, intimidating, or offensive work environment. This can include: Verbal harassment: Making sexual jokes, comments, or innuendos; using offensive or degrading language; or making unwelcome sexual advances. Physical harassment: Touching, grabbing, or making unwanted physical contact; blocking someone's path; or invading personal space. Visual harassment: Display...

A large portion of the workplace in India is plagued by the problem of sexual harassment. In order to prevent it, businesses should take precautions, and they should also be prepared to address it if it does. The HR department is in charge of making sure compliance. To make the workplace safe for employees, they can implement Posh rules and take the ten steps listed below. HR should make sure that the business has several reporting options, including anonymous reporting, for sexual harassment. They must also ensure that the staff is aware of these options, whatever they may be. A human resources professional must understand that harassment can affect anyone, regardless of gender, sexual orientation, or other identifiers. Many LGBTQ employees are especially susceptible to harassment, whether it be sexual or otherwise. Sexual harassment can happen to anyone, even straight males in powerful positions inside the organisation. Every report should be taken seriously, and every investigation...

On July 25, 2022, an Odisha college student accused the school's physics instructor of rape and sexual harassment. The accused lecturer, who was the institution's reader, had also held the role of NCC officer in the Naval wing. Despite the female student coming to the institute with a formal complaint, the school's internal committee did not discover any proof of the claims she claimed. The probe didn't start until the Higher Education Department became aware of the situation. A Presidency University student from Kolkata filed a formal complaint with the internal committee of the university accusing Mahitosh Mandal, the former head of the department, of sexual harassment on July 17, 2022. It is believed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is essential for protecting female employees from sexual harassment at the workplace. It is significant to highlight that educational institutions play a significant role...

In today's workplace, fostering a safe, respectful, and inclusive environment is paramount. The Prevention of Sexual Harassment (Posh) at Workplace Act, enacted in India in 2013, is a significant legislative step towards ensuring such an environment. It mandates organizations to take proactive measures in preventing, prohibiting, and redressing sexual harassment at the workplace. One of the most effective ways to comply with this legislation and cultivate a positive workplace culture is through comprehensive Posh law training for employees. Why Posh Law Training is Essential Legal Compliance The Posh Act requires every organization with ten or more employees to constitute an Internal Complaints Committee (ICC) and conduct regular training sessions. Failure to comply can result in hefty penalties, damage to the organization's reputation, and a loss of trust among employees. Awareness and Sensitivity Training helps employees understand what constitutes sexual harassment, the imp...

In a landmark judgment, the Delhi High Court delivered a resounding verdict that extended the applicability of the Prevention of Sexual Harassment (POSH) Act to government organizations, including constitutional bodies like the Comptroller and Auditor General of India (CAG). The case of Saurabh Kumar Mallick v. Comptroller & Auditor General of India (2018) was a pivotal moment in ensuring that the principles of the POSH Act are upheld across all spheres of employment, irrespective of the nature or status of the organization. The Crux of the Case The case arose from a petition filed by Saurabh Kumar Mallick, an Assistant Audit Officer employed with the CAG, who alleged that he had been subjected to sexual harassment by a superior officer. Mallick claimed that despite filing a formal complaint, the CAG failed to take appropriate action or constitute an Internal Complaints Committee (ICC) as mandated by the POSH Act. The CAG, in its defense, argued that as a constitutional body, it w...

In a monumental step towards safeguarding the rights and dignity of women in the workplace, the Supreme Court of India delivered a groundbreaking judgment in the case of Vishaka & Others v. State of Rajasthan in 1997. This landmark decision not only brought the issue of sexual harassment at the workplace into the spotlight but also laid down a comprehensive set of guidelines, known as the Vishaka Guidelines, that would serve as the foundation for future legislation addressing this critical issue. The Genesis: Seeking Justice for Bhanwari Devi The case originated from the brutal gang-rape of Bhanwari Devi, a social worker employed in Rajasthan's Bhateri village. Devi's courageous efforts to prevent a child marriage within the community led to her being brutally assaulted and raped by influential members of the village. This horrific incident sparked a nationwide outcry and prompted several women's rights organizations, led by Vishaka and others, to file a Public Interes...

Conciliation is a method of resolving a conflict between parties by the use of a mediator. Only if the aggrieved party demands it, the Internal Complaints Committee (ICC) will facilitate conciliation as a means of resolving workplace sexual assault complaints. Before conducting an investigation under section 11, the ICC should attempt to resolve the dispute between the aggrieved woman and the respondent by conciliation. It should be remembered that the respondent has no right to request conciliation) and that “no monetary settlement” shall be used as a ground for conciliation. Where a settlement has been reached, the ICC shall report the terms of the agreement and forward them to the employer, who shall proceed in accordance with the advice. The ICC shall supply the aggrieved woman and the respondent with copies of the resolution as reported. Where a settlement is arrived at, no further inquiry shall be conducted by the ICC.  Conciliation is a mechanism used by the ICC to offer a ...