CONCEPT OF CONSENT IN POSH ACT

The POSH Act has brought about a significant shift in workplace culture in India, particularly in organizations that have taken proactive steps to implement its provisions. Companies that have established robust Internal Complaints Committees (ICCs) and conducted awareness programs have seen a decrease in instances of sexual harassment, as employees are more informed and empowered to report misconduct. Case studies from large corporations like Infosys and TCS show how training programs, workshops, and open-door policies have helped in creating safer workplaces. These organizations report increased employee satisfaction and trust in the grievance redressal process. Employees are now more confident that complaints will be taken seriously and that appropriate action will be taken against offenders. However, there are still gaps in smaller organizations and unorganized sectors where the implementation of the POSH Act is often lax. In these environments, cultural norms may still perpetuate...

The Prevention of Sexual Harassment ( POSH ) Act, 2013, places a significant responsibility on employers to create a safe and respectful workplace. Employers are required to establish Internal Complaints Committees (ICCs) that are responsible for addressing complaints of sexual harassment. The committees must include a majority of female members to ensure impartiality, and the employer must ensure their functioning is transparent and accountable. Along with setting up ICCs, employers must also provide training to employees about what constitutes sexual harassment and the procedure for filing complaints. This training should be mandatory for all employees and should be conducted at regular intervals to keep the workforce informed. Failure to comply with these requirements can lead to penalties for the employer, which may include fines or even the closure of the establishment in extreme cases. In addition to the legal responsibilities, employers must foster a workplace culture that suppo...

The digital era has transformed how organizations approach compliance with the Prevention of Sexual Harassment ( POSH ) Act, 2013. Technology-driven solutions are making it easier for companies to educate employees, track compliance, and streamline reporting mechanisms, ultimately creating safer and more transparent workplaces. How Technology is Revolutionizing POSH Compliance Organizations are increasingly leveraging digital tools to enhance their POSH Act implementation. Some key advancements include: 1. E-Learning and Virtual Training – Online modules and AI-driven simulations make POSH training more engaging and accessible to employees across different locations. 2. AI-Powered Complaint Management Systems – Automated reporting systems ensure confidentiality, provide step-by-step guidance, and help track case progress efficiently. 3. Secure Digital Reporting Platforms – Web-based portals and mobile apps enable employees to report harassment incidents anonymously and securely. ...

In today's corporate world, workplace safety and respect are paramount. The Prevention of Sexual Harassment ( POSH ) Act, enacted in India in 2013, aims to create a safe and inclusive work environment by preventing and addressing sexual harassment at the workplace. Understanding the POSH law is essential for organizations, employees, and employers alike. What is POSH Law? The POSH (Prevention of Sexual Harassment) Act, formally known as the "Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013," was introduced to provide protection to women against sexual harassment at their workplaces. The law ensures that every organization follows strict guidelines to create a harassment-free work culture. Key Features of the POSH Act 1. Definition of Sexual Harassment: The act defines sexual harassment to include unwelcome sexual advances, physical contact, requests for sexual favors, sexually colored remarks, and any other verbal or non-verbal co...

Union of India Citation v Banani Chattopadhyay - (2022) 1 HCC (Cal) 351 Court – High Court of Calcutta. Facts of the Case – The petitioner, Banani Chattopadhyay, was a Deputy Manager at Hindustan Cables Ltd. (HCL). She opted for voluntary retirement on 31.01.2017 following a decision to close down the company. After retirement, she was engaged on a temporary basis as a consultant and later as an advisor. She was released from her temporary engagement on 30.04.2018. on 09.05.2018, she lodged a complaint of sexual harassment against Respondent 9 (allegedly the head of HCL), claiming the incidents began in the last quarter of 2016. An Internal Complaints Committee was constituted to investigate her complaint. The ICC submitted its report on 19.06.2018, concluding that the allegations were not proved. The petitioner filed a write petition challenging the ICC’s report and constitution. Legal Issues:- 1. Whether the Internal Complaints Committee had jurisdiction to inquire into the complaint...

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 : Client or Customer Harassment Scenario:  Maria, representative, a finds dedicated herself sales 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 employ...