Posh at Work Places

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 subs

In today's interconnected world, the rise of   digital communication  has brought numerous benefits, but it has also given rise to new challenges, including online harassment. In this article, we explore a hypothetical case study involving online harassment in the workplace and discuss the importance of proactive measures to protect employees in the digital age. Case Study 5: Online Harassment Scenario: David, a marketing manager, finds himself the target of online harassment as he receives explicit messages and inappropriate photos from a coworker via social media platforms. Despite his discomfort and attempts to ignore the harassment, the unwanted communication continues, leaving David feeling distressed and vulnerable. Response: Online harassment presents unique challenges for employers and employees alike. Here's how organizations can respond effectively to instances of online harassment: Take Immediate Action: The first step for employees facing online harassment, like

Client or customer harassment poses a significant challenge for employees in various industries, particularly those in client-facing roles. In this article, we delve into a hypothetical case study involving client harassment and discuss the necessary steps for organizations to protect their employees and uphold a safe work environment. Case Study 4: Client or Customer Harassment Scenario: Maria, a dedicated sales representative, finds herself in an uncomfortable situation as she faces persistent sexual comments and advances from a client during business meetings. Despite her professionalism and attempts to redirect the conversation to business matters, the client's behavior continues, leaving Maria feeling vulnerable and distressed. Response: Addressing client or customer harassment requires a proactive and supportive response from organizations. Here's how companies can effectively address and mitigate such situations: 1. Establish Policies and Procedures: To protect empl