Prevention of Sexual Harassment

Introduction Workplace sexual harassment results from power dynamics between the accused and the victim. Power dynamics exist at every level of the organization. The same applies to the PoSH Committee constituted under the PoSH Act, 2013. This committee is the Internal Complaints Committee (ICC) or the Internal Committee (IC). Power dynamics can often creep into case investigations by the ICC. Thus, it requires the nomination of an external member for PoSH. The external member for PoSH acts as a neutral third party that keeps the bias of the ICC in check. Both the PoSH Act and Rules lay down certain guidelines for the nomination of an external member. Yet, the external member’s duties, roles, and responsibilities remain unclear. But the judiciary has determined the role of the external member for PoSH. Provision for an external member for PoSH As per Section 4 of the PoSH Act: A senior female employee should head the PoSH Committee, At least half of the PoSH Committee members should be...

  On 17th July 2022, a second-year UG student of a Kolkata-based premier institution in India lodged a complaint to the institution’s ICC against the erstwhile head of the Department of English. With enough ensuing mudslinging on social media platforms, including from the educators toward the student, the area turns from grey to a much darker shade of shame. In such situations, how can implementing PoSH in higher education institutions be taken forward? Post anonymously writing a post on Facebook, the harassment in the post’s comment thread ranged from sexist to casteist attacks against the student as well as prolonged casteist attacks directed towards the educator. Despite existing, why has PoSH turned into a system devoid of hope, leading to an avoidance of lodging complaints to the ICC? POSH and the UGC The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is deemed fundamental for the protection of female employees against workplace sexu...

Introduction In public spaces, especially the workplace, transgender people frequently encounter stigma and discrimination. They often face hostility from others and are pressured to ‘manage’ their gender identities. Such events can trigger a wide range of psychological reactions that can have disastrous effects on a transgender person’s emotional health, level of job satisfaction, and probability to remain with a company. Therefore, it is significant that employers and companies build trans-inclusive workplaces for their transgender employees. The primary reason for addressing this issue is that it is morally appropriate to do so. Every person who is contributing to the success of the company should never have to fear going to work every day. Businesses can lose a lot by not implementing trans-specific policies and procedures, such as through a decrease in turnover, less participation and productivity, and even legal action. The company’s reputation is harmed by discriminatory behavio...

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.  PoSH in Higher Education Institutions in India 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...