POSH Awareness Training

The POSH (Prevention of Sexual Harassment) Act, 2013, grants employees in a corporate office, specifically women, the right to a workplace free from sexual harassment. The law also establishes a clear process for reporting and addressing complaints, ensuring a safe and dignified work environment. Here are the key rights under POSH law in a corporate office: Right to a Safe Workplace Every woman has the right to a workplace that is free from sexual harassment. The law defines sexual harassment broadly, including unwelcome acts like physical contact and advances, a demand or request for sexual favors, making sexually colored remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. This also covers scenarios where such conduct creates a hostile or intimidating work environment. Right to an Internal Complaints Committee (ICC) Organizations with 10 or more employees are legally required to establish an Internal Complaints Committee (I...

In an important ruling aimed at safeguarding procedural fairness under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Kerala High Court, in the case of Abraham Mathai v. State of Kerala & Ors., has categorically held that a written complaint from the aggrieved woman is a mandatory prerequisite for initiating any inquiry by the Internal Committee (IC). The judgment sets clear boundaries on the initiation of proceedings, preventing misuse and ensuring due process. The case arose when an individual challenged the initiation of a POSH inquiry that was based on an oral complaint and anonymous allegations rather than a formal written complaint as stipulated under Section 9 of the Act. The petitioner contended that the Internal Committee had overstepped its jurisdiction by entertaining allegations that were not formally registered in writing, thereby violating the basic procedural safeguards built into the statute. The Kera...

The POSH (Prevention of Sexual Harassment) Act 2013 and the existing sections of the Indian Penal Code (IPC) dealing with sexual harassment serve different purposes and have different legal frameworks. Here's a comparative overview of the two: 1. Purpose and Scope: • POSH Act 2013: This Act is specifically designed to address and prevent sexual harassment at workplaces. It defines sexual harassment, mandates the establishment of Internal Complaints Committees (ICCs) in organizations, and provides a structured process for filing and resolving complaints within the workplace. • IPC Sections on Sexual Harassment: The IPC contains various sections that deal with sexual offenses, but they are not specific to workplace harassment. These sections cover a wider range of sexual offenses, including rape (Section 375), outraging the modesty of a woman (Section 354), and others. These sections are applicable in general, non-workplace settings. 2. Applicability: • POSH Act 2013: App...

Sexual harassment in the workplace is a pervasive issue that demands a comprehensive and swift response from organizations. Over the past years, companies have been compelled to reevaluate their approaches, implementing changes in policies and accountability measures to address this critical concern. This article examines how corporate responses to allegations of sexual harassment have evolved, exploring the transformative impact of policy changes, heightened accountability measures, and the role of corporate culture in fostering a safer and more inclusive environment. Policy Overhaul: A Foundation for Change One of the primary mechanisms by which companies are reshaping their response to sexual harassment is through the revision and reinforcement of workplace policies. These policies serve as a critical foundation for creating a culture of respect and accountability. Recent years have witnessed an increasing trend of companies revisiting and strengthening their anti-harassment polici...

Educational institutions are meant to be sanctuaries of knowledge and personal growth, where students and staff should feel safe and respected. However, sexual harassment remains a pervasive issue in these environments. Recognizing this problem, the Central Board of Secondary Education (CBSE) and the University Grants Commission (UGC) have implemented guidelines to address sexual harassment and create safer spaces within educational institutions. This article examines the legal framework and initiatives in place to combat sexual harassment within CBSE-affiliated schools and UGC-approved colleges and universities. The Legal Landscape 1. Vishaka Guidelines: In 1997, the Supreme Court of India issued the Vishaka Guidelines, which established the framework for addressing sexual harassment in workplaces, including educational institutions. These guidelines emphasized the need for a safe and secure environment for all. 2. Sexual Harassment of Women at Workplace (Prevention, Prohibition...

  POSHADVO has been founded to help keep workplaces free of sexual abuse across all sectors in the country. POSHADVO  firmly believes, as an organization, that sexual harassment is a serious denial of the right to equality, dignity and respect. Sexual abuse at work is something that most people routinely witness, but many do not openly speak about. Typically, this is for fear of losing their job, facing society's scorn, being caught up in never-ending court action or for other unspecified reasons. Gender equality in all dimensions is a basic human right and the Constitution of India (“Constitution”) guarantees all its citizens equality of status and opportunity. Sexual harassment is considered as a violation of a woman’s fundamental right to equality, which right is guaranteed by Articles 14 and 15 of the Constitution. The Constitution also provides every citizen the ‘right to practice or carry out any occupation, trade or business, which includes the right to a safe environme...