Prevention of Sexual Harassment

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 ...

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...

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...

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 ...

Prevention of sexual harassment involves taking steps to prevent sexual harassment from occurring in the first place. This can include implementing policies and procedures for reporting and addressing sexual harassment, providing training and education on sexual harassment and appropriate workplace behavior, and creating a culture of respect and professionalism in the workplace. Additionally, employers should take steps to investigate and address any reported incidents of sexual harassment, and take appropriate disciplinary action against individuals who engage in such behavior. Type of Sexual harassment There are several types of sexual harassment, including: Quid pro quo harassment: This type of harassment occurs when a person in a position of power, such as a supervisor or manager, demands sexual favors in exchange for employment benefits or advancement opportunities. Hostile work environment: This type of harassment creates an intimidating, hostile, or offensive work environment th...

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. Posh @ Workplace 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 incl...