Prevention of Sexual Harassment

A legally sustainable POSH inquiry demands strict adherence to procedural fairness. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 prescribes timelines and structural safeguards to ensure due process for both complainant and respondent. The inquiry process begins with receipt of a written complaint, followed by sharing a copy with the respondent for response. Both parties must be given reasonable opportunity to present evidence and witnesses. Denial of opportunity or procedural haste can undermine the validity of findings. Documentation is central to sustainability. Minutes of hearings, witness statements, evidence records, and reasoned analysis must be carefully maintained. Courts typically examine whether the Internal Committee followed principles of natural justice rather than re-evaluating factual conclusions. Bias whether actual or perceived is a frequent ground for challenge. IC members must recuse themselves where conflict exists. ...

The Internal Committee (IC) is the adjudicatory cornerstone of the POSH framework. Mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the IC functions as a quasi-judicial body tasked with conducting fair and time-bound inquiries into complaints of workplace sexual harassment. The composition of the IC is legally prescribed: a senior woman employee as Presiding Officer, at least two internal members committed to women’s causes or legal knowledge, and one independent external member. Improper constitution may invalidate proceedings and expose the employer to statutory penalty. The independence and competence of the external member are particularly critical to ensure neutrality. The IC has powers similar to those of a civil court for summoning witnesses, requiring document production, and recording evidence. It must adhere to principles of natural justice providing both parties an opportunity to be heard, permitting cross-questio...

In a notable judgment upholding the principles of procedural fairness under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Bombay High Court in Saurabh Kumar Mallick v. The Comptroller & Auditor General of India & Others highlighted the critical need for Internal Committees (ICs) to conduct impartial, transparent, and legally sound inquiries. The Court emphasized that while the POSH Act aims to protect women from harassment, it equally mandates adherence to natural justice for both complainants and respondents. The case involved Saurabh Kumar Mallick, a senior official, who challenged the findings of an Internal Committee that had found him guilty of sexual harassment. Mallick argued that the inquiry was conducted in violation of the principles of natural justice, including denial of opportunity to present his defense, absence of cross-examination, and lack of proper documentation of evidence. The Bombay High Cou...

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...

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. ...

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...

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...

PoSH in Higher Education 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. 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 educational institutio...

Sexual harassment of women in workplaces is one of the major hurdles in gender equality. In an effort to enable a safe and inclusive workplace for women, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the rules therein (POSH Laws) were brought into force. The Prevention of Sexual Harassment (POSH) at workplace Act is applicable to every workplace, establishment, company or organization with more than 10 employees. What is Sexual Harassment? Sexual Harassment of a woman is the most daunting and demoralizing experience that an individual can go through at their workplace. It degrades the work environment and is a humongous hurdle for gender equality. It outrightly reduces an employee’s will to work and disrespects the fundamental rights guaranteed to individuals by the Constitution of India. What is POSH Act? The victims of sexual harassment face several physiological effects, such as stress, shame, guilt, depression and no employee woul...

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...

POSHADVO has been founded to help keep workplaces free of sexual abuse across all sectors in the country. Sexual abuse at work 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 th...

  Sexual Harassment at Workplace (Verbal sexual harassment)  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...