Prevention of Sexual Harassment

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 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. ...

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...