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Impact of POSH Act on Workplace Culture: A Decade of Change.

The Prevention of Sexual Harassment ( POSH ) Act, 2013, has been a transformative force in shaping workplace culture in India. Over the past decade, the Act has pushed organizations to adopt stricter policies, foster safer environments, and promote gender inclusivity. While significant progress has been made, challenges remain in ensuring full compliance and cultural change. How the POSH Act Has Influenced Workplace Culture Since its implementation, the POSH Act has brought about several positive changes: 1. Greater Awareness and Sensitivity – Employees and employers are now more educated about workplace harassment, leading to better reporting and prevention mechanisms. 2. Stronger Redressal Mechanisms – The establishment of Internal Complaints Committees (ICCs) has provided a structured approach to handling complaints. 3. Zero-Tolerance Policies – Many organizations have adopted strict policies against harassment, reinforcing a culture of accountability. 4. Empowerment of Wome...
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Technology and the POSH Act: Enhancing Compliance Through Digital Solutions.

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. ...
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Workplace sexual harassment and employee attrition

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Introduction Workplace sexual harassment results in employee attrition and is a serious issue that affects many employees around the world. Seven out of ten women who leave a workplace due to an experience of workplace sexual harassment do so without informing their employer.  This is a troubling statistic that raises questions about why so many victims of workplace sexual harassment do not come forward. In this article, we will explore some of the reasons why employees do not file a complaint of workplace sexual harassment , AND, as an employer, what is it that you can do to change this.  Reasons for not reporting workplace sexual harassment Fear of Retaliation One of the main reasons why employees do not file a complaint of workplace sexual harassment is fear of retaliation. Victims may worry that they will be retaliated against by their harasser, their supervisor, or other co-workers if they report the harassment.  Retaliation can take many forms, including being demot...
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POWERS OF THE ICC – VIEWS OF INDIAN COURTS

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Saikuttan ON vs Kerala State Electricity Board Ltd and Ors Bench – High Court of Kerala at Ernakulum  Decision dated – August 11, 2020  Overview of case : Since 2003, the petitioner has worked as a Driver – Grade 1 at the Kerala State Electricity Board's Electrical Division in Cherthala. Petitioner filed a petition in the High Court opposing his transfer order to Kalamassery System Operation Circle dated May 7, 2020. The Petitioner argued that the transfer order was issued as a form of retaliation for reporting violations, and that transferring during a pandemic is dangerous to one's health. The Electricity Board argued that the transfer order was issued as a result of a complaint lodged by the Petitioner's controlling officer (a senior female officer), who said that the Petitioner was irresponsible and bullying her and other female employees. This case was pending before the POSH Act-created Internal Complaints Committee. As a result, the transfer order was released under ...
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Same Gender Complaints Under POSH

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Same-Gender Sexual Harassment Complaints Maintainable Under POSH Act  In the past, the POSH Act has been chastised for not being gender-neutral and for preventing sexual harassment in the workplace for members of the LGBTQ+ population. Men aren't allowed to file a lawsuit under the law because it is gender-specific, leaving them to rely solely on corporate rules, which may or may not ban discrimination of any kind. In Jan The Calcutta High Court ruled in a historic decision that acts of sexual assault committed by a woman on someone of the same gender are protected by India's anti-sexual harassment laws. This judgment by the Calcutta HC might also go a long away in broadening the scope of the POSH Act, which has been criticized for failing. Although we're clearly a long way from gender-neutral rules on sexual abuse and violence, a state high court ruling that "acts [of sexual harassment] may be committed by members of either gender, including per se (between or within...
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Sexual Harassment Definition and Remedies

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What Amounts to Sexual Harassment? In 1997 in Vishaka Vs. State of Rajasthan and others, for the first time sexual harassment had been explicitly- legally defined as an unwelcome sexual gesture or behavior whether directly or indirectly as Sexually coloured remarks Physical contact and advances Showing pornography A demand or request for sexual favours Any other unwelcome physical, verbal/non-verbal conduct being sexual in nature. Sexual assault was first established as a distinct criminal behavior in this historic lawsuit. The unwelcomeness of the behavior is a key element in sexual harassment. As a result, the effect of certain conduct on the recipient becomes more important than the perpetrator's purpose, which must be weighed. In any kind of organization, whether government, private, or public, such behavior instils anxiety in the minds of workers that if they do not complete the job assigned to them, they will become victims of sexual assault, and thereby induces fear in their...
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Types of Sexual Harassment ?

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Different Types of Sexual Harassment at Workplace Verbal Sexual Harassment Below are listed examples of unacceptable verbal behaviors that may constitute sexual harassment.  Sexual threats and abuses  Telephone calls with sexual overtones  Persisting and unwelcome flirting  Relentless proposal for physical intimacy beginning with subtle hints which may lead to overt requests for dates/sexual intercourse  Sexual propositioning  Lewd gossips and rumor creating hostile work environment at workplace Continuous idle chatter of sexual nature and graphic sexual description  Derogatory/double meaning comments  Sexual innuendoes or taunting  Sexual Remarks  Inquiries or comments about an individual’s sex life, relationship with sexual partner, sexual practices etc.  Sharing Sexual jokes  Comments of sexual nature about looks, weight, body shape, size or figure, dress, appearance  Staged whispers or mimicking of sexual nature about ...
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