The Bombay High Court imposed provisions to preserve the anonymity of proceedings involving workplace sexual harassment of women. The high court regulations in the case of P v. A & Ors.1 (“PoSH Confidentiality Guidelines”) address, among other things, how such incidents should be addressed and dealt with; how judgments should be documented, rendered, and conveyed; and the preventative measures to follow when reporting such issues, as well as by the mainstream press.

Prevention of Sexual Harassment: The courts will use the PoSH Confidentiality Guidelines as a functional procedure. The goal is to conceal the parties’ identities from unintentional exposure and prevent sexual harassment. The Bombay High Court’s PoSH Confidentiality Guidelines are the minimum that courts must observe and are subject to adjustments or alterations.

Sexual Harassment Law: One of the critical purposes of the PoSH Act 2013 has been to offer an efficient grievance redressal procedure for women who have been victims of workplace sexual harassment. However, due to the fear of having to sacrifice their privacy, which might result in embarrassment, anxiety, humiliation, and dread, many women tend to take a back seat whenever it comes to identifying incidences of workplace sexual harassment.

Despite the secrecy above restriction, as stated by the Bombay High Court, there have been no defined norms in such instances thus far, frequently resulting in a scenario in which the parties’ confidentiality was jeopardized. As a result, it had become necessary for the Court to establish specific rules in this regard.

Summary

The PoSH at work Confidentiality Guidelines is thus a significant step forward since they will serve as a warning to the authorities and the company, ICC participants, eyewitnesses, and the entities closely engaged in the complaint of sexual harassment at work. The ruling of the Bombay High Court also emphasizes the need for employers to adopt equivalent procedures to ensure that sexual harassment at workplace accusations are investigated and handled discreetly, without exposing the identities of those involved. Because of the PoSH at work Confidentiality Guidelines, the parties may now feel more confident utilizing the court system. 

Purpose of POSH Policy

Here we explained few critical pieces of information regarding the purpose and significance of PoSH at work Policy in India. 

Offering a safe and healthy work environment at work:

The PoSH Act 2013 holds companies accountable for making their workplaces safe for their employees. In this regard, they must take precautions to protect their employees from both employees and non-employees who may access the workplace (delivery boys, for example). 

An in-depth investigation into all sexual harassment at workplace allegations:

Within 90 days after the complaint’s filing, the IC/LC, as the case may be, is obligated to undertake an investigation into every allegation of sexual harassment at the workplace under the terms of the service rules relevant to the respondent. Following the conclusion of an investigation, the IC/LC is obligated to submit a report outlining its findings. If the charges of sexual harassment at the workplace proven, the IC/LC may suggest that the employer or the District Officer prosecute the accused.

Organization of awareness and education training programs At frequent intervals to familiarise staff with the Act’s provisions:

Businesses are obligated under the PoSH Act 2013 to provide periodic awareness workshops for all employees so that they are aware of the Act’s obligations, the firm’s grievance redress processes, and the consequences of engaging in sexual harassment activities. Such workshops/training sessions must be organized by persons who are POSH sensitization specialists or have prior experience.

Sexual Harassment Under the Act

According to Section 2(n) of the Act, sexual harassment comprises the following unpleasant acts:

1. Sexual advances and physical contact
2. Demand for sexual favours.
3. Presenting sexually charged statements.
4. Displaying pornography
5. Sexually touched, physical activity

These actions may be considered undesirable if the lady exhibits discomfort during their performance or refuses to consent. Additionally, if either preceding acts or practices are present, the scenarios listed below may represent sexual harassment.

1.  The implicit or outright assurance of favourable treatment in the workplace.
2. An implied threat regarding one’s current or future work position.
3. Interference with work or the creation of an intimidating, unpleasant, or hostile work environment

India’s POSH Act Guidelines

The preceding instructions are included in the PoSH Confidentiality Guidelines:

     Identification of both the parties must be kept secret:

• There would be no reference to any PII inside the document, including parties’ names, email addresses, phone numbers, and addresses.

     Hearing Protocol and handling data:

• Only counsel and litigants will be allowed to attend proceedings. All other personnel (including clerks, peons, and others) must leave the Court, except the Court Master/Associate or Sheristedar and the stenographer or anyone giving secretarial support.
• Inspection of the order shall be permitted only by an Advocate on Record with a valid vakalatnama.

     Prohibited disclosures:

• It is completely banned to record any aspect of the proceedings.
• Any order to be made public will require a particular order from the Court. 
• Without the Court’s express permission, both sides and all parties, attorneys, and witnesses are prohibited from exposing the contents of any order, judgment, or file to the media or publishing any such material in any mode or manner, including social media. 

Lack of compliance with the judge’s terms of confidentiality and those imposed by the media and any effort to record or transcribe any portion of the proceedings would be considered contempt of Court and penalized accordingly.

Conclusion

The PoSH Act aims to build a viable complaint management mechanism and devise a set wherein women feel assured in reporting sexual harassment at work. While the Sexual Harassment Law achieves that goal admirably in various ways, confidentiality has been an important component that is frequently overlooked, particularly during litigation.

Although there are compelling reasons to safeguard the anonymity of the parties, given critical and private nature of such situations. It remains to be seen how this may be balanced against the requirement for oversight and openness. 

Furthermore, because the PoSH Act is a new statute, employers and ICC members have been closely following the rules established by various courts in such instances when interpreting sections of the PoSH Act, which may no longer be practicable in light of the PoSH Confidentiality Guidelines. MUDS Management is India’s prime consultancy that provides POSH Training for Employees service online and offline.

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In this post, we’ll look at how to register a business in Kolkata. Company registration is a procedure through which all businesses are registered on the MCA’s website (Ministry of Corporate Affairs). The Company Registration in Kolkata is a simple procedure, but it requires numerous procedures to complete.

A Private Limited Company offers its stockholders legal protection and limited liability. A privaely held limited firm must have at least positions two working directors. A person can be both a director and a shareholder in a Private Limited Company. After receiving a Certificate of Incorporation, a Private Limited Company (PLC) can begin operations. Within 15 days following its application, a PLC can be implemented.

As a result, we will concentrate on the advantages and procedures of forming a Private Limited Company registrationin Kolkata in this post.

Advantages of forming a private firm company registration in Kolkata

1. A private limited company might have anything from two to fifty directors.
2. It is a legal autonomous body.
3. Directors have limited liability and are not directly responsible for the company’s operations.
4. Directors are only partially liable to creditors.
5. In the event of a default, the bank or creditors will sell the company’s assets rather than personal property.
6. The directors are eligible for tax benefits.
7. Suing or being sued in the name of a registered corporation is possible.
8. Companies that are registered have a higher chance of borrowing money.

Company Registration in Kolkata: Private Company Incorporation Checklist

• Directors: For private company registration in Kolkata, a minimum of two directors is required, with one of them being a resident director.
• The investment must be made in accordance with the business type, and there is no minimum capital investment necessary for a firm.
• Inventive business name: The name of the firm must not be identical or confusingly similar to that of another company.
• Registered address: Every business should have one.

Steps for Incorporation of the Company

The following are the stages of forming a business using the RUN form:

1. After that, create a login account and log in.
2. Enter the name you want to use and cross-reference it with the MCA database.
3. If an established business wants to reverse its name, a CIN will be requested through the RUN e- form.
4. The applicant must specify the name that he or she wishes to keep on file in case the firm’s name is changed or a new company is formed.
5. Then he or she must submit the prospective company’s objects as well as any additional documents in support of the suggested name.

Limited Name Validity

• For a new corporation, an authorised name is valid for 20 days from the date of approval.
• 60 days after the date of authorization for changing the name of an established corporation.

Steps for Private Company Registration in Kolkata

Step 1: Obtain DSC

Because the process is online, a digital signature is required for the incorporation of a private limited company. Members and executives must have a legitimate Class II or Class III DSC.

Step 2: Fill out an application for a DIN number.

A directors must have a DIN and must apply for one on MCA if he does not already have one. A DIN number can be used to become a director in many businesses.

Step 3: Submit an application for name approval

At the time of establishment, the company’s name, as well as SPICe (INC-32) must be submitted for approval. If the name is rejected, it can be resubmitted.

Step 4: e-MoA (INC-33) and e-AoA are the fourth and final steps (INC-34)

Previously, MoA and AoA had to be filed physically, but now they must be filed online on the MCA website. These papers must be digitally signed by the subscribers.

Step 5: PAN and TAN applications

After all of the paperwork have been completed, the applicant should consider applying for a PAN and TAN.

Step 6: Certificate of Incorporation 

MCA & RoC will analyse all of the documentation and issue a Certificate of Incorporation if they are pleased. The Certificate of Incorporation is a legal document that grants the firm legal standing.

7th Step: Open bank Accounts

The firm must create a bank account for any transactions in its name after receiving the certificate of incorporation.

In order to register a company in Kolkata, you’ll need the following documents

Documents required for company registration  in Kolkata:

1. For DSC 
2. DIN (Director Identification Number)
3. Incorporation of a Business

In the case of DSC,

1. Along with the DSC application form, the following papers must be forwarded:
2. The claimant’s photograph (to be stamped across with a blue pen)
3. The director’s address proof (s)
4. Id Proof (Pan Card) of the applicant Passport Aadhar card Driving licence Voter Id card Email Id and contact number (for each director)

DIN

Fill out the e-form DIR -3, which is available on the MCA website. Alongside Form DIR -3, attach the supporting information:

1. Id proof photo of the applicant (attested)
2. Proof of address (attested)
3. Make the payment as directed. The only way to pay is on the internet.
4. There will be a preliminary DIN created.
5. A preliminary DIN becomes an authorised DIN after verification.

• For a Firm’s Registration
• The Firm’s Title
• The firm’s assets
• Investors’ list
• The director’s Id proof is the company’s purpose (s)

1. Aadhar card and passport
2. Id cards for voters and driver’s licence
3. Director’s proof of residence (s)
4. Bank statement Telephone bill
5. The cost of electricity
6. Mobile phone bill (not old than two months)
7. INC-9 Director(s) Consent (form DIR-2) (Affidavit)

• Proof of the registered office’s address

1. Bills of Gas, 
2. Phone, and
3. Electricity

If the office is included in the lease, the lease agreement and a letter of authorization from the owner are required.

Holders of DINs declare themselves

A Private Limited Company Registration in Kolkata is an online operation that should be completed with caution, and once completed, the directors are entitled to all of the privileges of a Private Limited Company.

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Releases from the RBI Monetary Policy 2022 Meeting: The six-member Monetary Policy 2022 Committee (MPC), led by Reserve Bank of India (RBI) Governor Shaktikanta Das, maintained the repo rate at 4% and the reverse repo rate at 3.35 % intact. Here’s what the governor of India’s central bank said.

RBI Monetary Policy 2022: The Reserve Bank of India’s (RBI) Monetary Policy 2022 Committee (MPC) retained the repo rate at 4% for the 11th straight approach achieves a ‘affiliative posture,’ according to RBI Governor Shaktikanta Das on Friday.

The MPC decided unanimously to continue the accommodating approach, according to the central bank governor, and the reverse repo rate was also remained steady at 3.35 percent.

The Marginal Standing Facility (MSF) rates and the lending rate were likewise held steady at 4.25 percent.

On May 22, 2020, the RBI reduced its policy repo rate, or short-term lending rate, in an off-policy cycle to boost demand by decreasing interest rates to a historic low.

In a press conference following the Monetary Policy 2022 meeting, Das stated that the RBI will return the liquidity adjustment facility (LAF) corridor to 50 basis points (bps), as it was pre-Covid. The MSF rate and the bank rate remain at 4.25 percent.

“It also agreed to remain accommodating while concentrating on withdrawal of accommodation to ensure that inflation remains within the goal moving ahead, while encouraging expansion,” 

-he added on the central bank’s attitude.

” It will continue to be part of the RBI’s toolbox, and its use will be at the discretion of the RBI for objectives that are indicated from time to time. The FRRR, in conjunction with the SDF, will increase the flexibility of the RBI’s liquidity management framework.”

The RBI reduced its growth prediction for the current fiscal year to 7.2 percent from 7.8 percent previously, while increasing its inflation forecast to 5.7 percent from 4.5 percent.

He went on to say that, given the inordinate volatility in international oil prices as of early February, as well as the extreme uncertainty surrounding the evolving geopolitical tensions, any projection of growth and inflation is fraught with risk, and is largely dependent on future oil and commodity price developments.

Das addressed liquidity and financial market circumstances in his speech, stating that the RBI will continue to take a sophisticated and agile approach to liquidity risk management while preserving appropriate liquidity in the system.

“At the moment, liquidity management is distinguished by two procedures: variable rate reverse repo (VRRR) bids of varied maturities to swallow liquidity, and variable rate repo (VRR) auctions to fill temporary liquidity problems and offset anomalies.” “We will keep taking this strategy,” he stated.

ATM cash withdrawal without a card that is interoperable

In an effort to combat fraud, the Reserve Bank of India agreed on Friday to allow all banks to use card-less cash withdrawal through ATMs. Currently, card-less cash withdrawal via ATMs is a permissible form of transaction allowed by a few banks in the nation on an as-needed basis (for their customers at their own ATMs).

Economic experts and market analysts reacted as follows:

• The severe reduction in GDP forecasts for FY23 and significant increase in inflation expectations for FY23 might suggest some tightening measures in the future, which would be supported by the shift in posture to focus on withdrawal of accommodation. Current geopolitical developments, supply chain concerns, and commodity price increases are tying the RBI’s hands and pushing it to progressively turn hawkish, despite its desire to maintain its pro-growth perspective. The 10-year Gsec yield has increased to 7%, showing the street’s worry over the massive borrowing programme in the face of rising interest rates.”
• “Retaining the repo rate at 4% and the reverse repo rate at 3.35 percent, continuing with the accommodating posture on expected lines,” said V K Vijayakumar, Chief Investment Strategist at Geojit Financial Services. Recognizing the new reality of increased petroleum prices caused by the war, the RBI cut the FY23 GDP growth rate prediction to 7.2 percent from 7.8 percent before and upped the FY23 CPI inflation projection to 5.7 percent from 4.5 percent previously. This is predicated on the premise that crude will be $100 per barrel. This suggests that if crude falls considerably, which is likely if the conflict ends soon, GDP and inflation will improve.The opposite might be true if the battle escalates and petroleum prices rise well beyond $100. The Governor correctly underscored India’s macroeconomic fundamentals, noting to an improvement in the external position aided by record exports, large foreign reserves of $608 billion, and banking sector development. The SDF (Standing Deposit Facility) is a new mechanism established by the central bank to absorb liquidity. 

“The recent RBI Monetary Policy 2022 did not include any surprises,” stated Nish Bhatt, Founder & CEO of Millwood Kane International, “it held rates constant for the 11th straight policy.” However, it has clearly outlined the road to policy unwinding. The emphasis will now be on withdrawing the accommodating policy stance in order to keep inflation under control. The RBI’s statement today plainly suggests the end of loose Monetary Policy 2022, which is reflected in the 10-year benchmark yield, which has reached a multi-year high. The unwinding of liquidity will cause some instability, and it is expected that the RBI would drop the growth rate prediction for FY23 to 7.2 percent, with the inflation target raised to 5.7 percent from 4.5 percent previously. The explicit goal of central banks throughout the world is to manage inflation, unwind lose money, and concentrate on gradual and steady development.“

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Sexual harassment law: The word “workplace” confers to the Sexual harassment at workplace of Women at Workplace (Regulation, Prevention, and Redressal) Posh Act of 2013, and specifically includes:

The post POSH Act: ALL ABOUT THE SEXUAL HARASSMNET LAW IN INDIA appeared first on MUDS.

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Do you think it is a consensual relation if someone is pressurized for sexual favors in return for advancements in career?  

Does the PoSH Act address a situation like the above?

What if there is a malicious complaint due to workplace jealousy?

In the upcoming sections, we will explore the answers to such questions. The PoSH act seems to encompass all forms of sexual harassment but one form which still remains a bit controversial is whether asking for sexual favors in return for promotions is punishable or not. Also, if an employee agrees to the sexual favors then it will be counted as consensual relation or exploitation?

People across the judicial domain have varied opinions on this. However, most of the experts of law agree that even if the victim gives her consent in the situations mentioned above, it is a case of exploitation and should be punished. 

Impact of PoSH Act on Sexual Harassment in the Workplace

The PoSH law seeks to empower women to fight against sexual harassment at workplace. Sexual harassment law has helped many women get justice over the years for the sexual harassment they have faced in the workplace. The introduction of such law has forced the perpetrators to find new ways to harass women. These people with the rotten mindset are now finding other ways to exploit some weakness of their victim. Among young people, a common weakness is their career for which youngsters are very serious. Women around the globe are working really hard to achieve their career goals and reach a respectable position in their organization. However, this eagerness to advance their career is used by sexual predators in the management to weave their webs around vulnerable employees. This results in female employees being pressurized into maintaining a physical relationship with them in order to save their careers. These people in the powerful positions leave no stone unturned to exploit their position in taking advantage of innocent victims in return for promotions and other favors. 

Position of Experts on these Cases

#MeToo movement was started in 2017 in Hollywood and by the end of 2018, it gained immense momentum in India. It was a movement where working women were naming and shaming the sexual offenders they had faced in their life on social media. Most of the stories were true, and many offenders (generally high-profile men) did apologize for their behavior in the public domain. But, like the PoSH act, this movement also gave rise to many false claims coming out on social media just for the sake of personal vendetta against the prominent personality or to gain popularity.

Many of the cases raised in the #MeToo movement were of similar nature where a man in a higher position was found to be abusing his power to exploit the women working under them. Also, this act polarised the views of experts from different points of view.

“Whether a compromise should be treated as exploitation or as consensual favor seeking by women.” Some experts viewed that treating these cases as exploitation is wrong as in the end, it’s the women who are choosing to maintain a relationship or not.”

The thing which is obviously wrong with the above statement is that when you close all the doors for an employee in her career and the only choice left for her is to either quit her job or compromise, then you are forcing them to be in a position to be exploited.  And therefore, even Courts have rejected this argument of the consensual relationship as it observed that asking for sexual favors in return for promotions is an offense as it tries to put the female employee in a vulnerable state and takes advantage of it. 

Other Aspect of this Scenario

Since the introduction of the PoSH act, it has also been used extensively as a tool to misuse against fellow colleagues or management of the organization. Sometimes, fellow colleagues out of jealousy of the female employee (who has been promoted) start spreading false rumors about her having a sexual relationship with the manager of the organization. These rumors could lead to that female employee feeling unnecessarily stressed. The employees sometimes also start questioning her character. All this could lead to that employee feeling disrespected and harassed. On the other hand, fake posh complaints against the managers stating that they asked for sexual favors are also increasing. These malicious complaints not only degrade the values of the organization but also puts a question mark on every new case being filed. It also decreases the overall credibility of other female employees of the company. These lingering issues where the matter of career advancements and promotions can be used extensively for extortion have put a dent in the accomplishment of the PoSH act. Therefore, various experts have widely stated in the public domain that proper posh & sexual harassment training is required in every organization to reduce the misuse of the act and aware employees of their rights in the act.

What Legal Options Are Available for Victims?

The victims in such cases where they are asked by any of their seniors to compromise and grant sexual favors to them for getting a promotion or saving their career could file a complaint in the Internal Complaints Committee. The committee will start an investigation based on the complaint and will help the victim by taking initial support measures like transferring the perpetrator to some other branch or a different team. If the victim feels at any instant that the ICC is not investigating the case properly or showing any bias towards the accused, then she can approach the local complaints committee of the district. In case of workplace bullying by colleagues by spreading rumors, an employee can reach the ICC if the rumors are sexual in nature and affecting their work. If the bullying is nonsexual then they can approach their managers to resolve the issue or take legal action against the colleague. In case of fake PoSH complaints against the management, the people from management can take legal action against the accuser once proven innocent by the ICC. They can also hire a legal firm to represent their case in any legal battle.  

What Role PoSH training Can Play?

Many organizations do not know how to set up a proper POSH complaint redressal system or constitute an internal complaints committee. Hiring an external member for the internal complaints committee is also an issue that organizations frequently face. The solution to all these problems lies in PoSH training of employees and management of the organization through a professional legal firm.

• Conducting PoSH training of employees helps them to get aware of their rights under the PoSH Act. 
• This helps women to come out and report any sexual misconduct from a college or a senior in the workplace and so, ensures a safe working environment. 
• PoSH awareness training also enables employees to learn about fake PoSH complaints or what can be categorized as malicious complaints. This can reduce no. of false or fake complaints in the organization. 
• Proper PoSH training for management makes them aware of the process to create a robust and effective complaint redressal system. 
• It also helps the management to set up an internal complaints committee. 

How to Get PoSH Training for Employees

• Contact a Legal firm that has experts with complete knowledge of the PoSH Act and have experience in conducting training sessions for employees in prestigious organizations. 
• These firms mostly have professionals who have worked in the internal complaints committee of other organizations and can help in creating ICC in the new company. 
• The experts can easily make employees understand the most technical terms of the Act clearly with their effective communication skills. 

Conducting PoSH training sessions for employees must be made mandatory so that the employees understand the consequences of sexual misconduct and what acts constitute workplace harassment. This will help in creating a more secure and tension-free environment for women at the workplace. 

On the other hand, the government and corporates should work to ensure smooth complaint redressal systems and investigation systems so that no woman should shy away from filing a complaint if she feels violated. Also, the approach of the investigating team should be non-prejudiced, and they should handle the investigation in a gender-neutral manner to ensure that neither the complainant nor the accused feel any injustice. Communication among employees to facilitate gender equality and respect in the workplace should be encouraged so that every employee understands the values of keeping a safe working environment for women.

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Sexual harassment of women at workplace is a traumatic experience and can be incredibly difficult to handle for most people. The incredible emotional stress and the significant torment subjected to the victims leads to them quitting the job or sometimes leaving their career. This emotionally charged abuse of power based on gender is now quickly breaking the confines of the corporate rooms and spreading on social media. News of sexual harassment on social media or even a false accusation of sexual harassment on some innocent men can destroy his social image. On the other hand, social media has also become another medium for sexual predators to inflict sexual and mental abuse on their colleagues.

In the age of  COVID-19, when most of the people are working from home, sexual harassment from social media has become a worrisome thing for many female workers.

The other side of this situation is the malicious use of social media’s reach to malign people using sexual harassment charges. The explosion of social media has given new outlets for workplace interactions to occur and so, new ways to misrepresent people’s words or actions have also come out.

As of March 2013, there were more than one billion active Facebook users with nearly 700 million of these users posting at least once per day.

With such huge no. of conversations occurring around the world simultaneously, the traditional boundaries of workplace conversations are losing meaning and the people are engaging more in gossiping on the social media platforms about their work-life and their colleagues. This obviously has given rise to cases of gender-based harassment cases related to the workplace. Let us understand the role of social media in accentuating cases of sexual harassment and defamation in the workplace and how can organisations and employees tackle these issues legally?

How Social Media Has Become a Tool for Defamation?

The exponential growth of social media has given a voice to each individual and so spreading fake news is not just limited to media houses. Nowadays even small-time influencers can be used to spread fake news to defame any well-known personality. By the time this fake news gets investigated and significant damage to the reputation of the individual is already done. Social media has become a tool for many people to use fake stories as a method of extortion. Even some big managers in companies have been blackmailed by their female colleagues to grant them favours or else be ready to face the wrath of social media due to their malicious accusations of sexual harassment. The other aspect of this situation is that many female workers have been threatened by the sexual predators at the workplace that there will be fake rumours spread on the social media about their character to if they don’t give sexual favours. There is hardly any medium for corporates or even investigative agencies to confirm the authenticity of any information available on social media. Also, no law stops people from posting fake information on social media. This has led to the misuse of this medium to a great extent.

Social Media and Sexual Harassment at Workplace

The social media’s rise has led to many instances where the case of sexual harassment have crossed the boundaries of the corporate building and reached to the general public. Sometimes when this information reaches the home of the victims through social media then it becomes stressful for the family of the victim. In most of these cases, the image of the employer itself gets maligned and the perception of the public about the brand changes. The public indirectly starts blaming the company for sexual harassment against the victim without the knowledge of workplace harassment case being true or not. Therefore, many corporates are refraining their employees from posting anything on social media about their work-life.

The opportunities offered by social media channels to employees gives them a medium to conduct discrimination or harassing behaviour. These platforms have often been used as a tool to post a sexual comment or mocking images to cyberbully some of their colleagues and intimidate them. It has lead to cases of harassment continue even when the victim is not at work. The amount of stress faced by the victims of social media defamation has led to few of them to commit suicide. The case of a senior executive of the Genpact committing suicide because a fake case of sexual harassment reached social media is an example of it.

What Could Employees and Organisations Do to Tackle It?

Given the potential harm discussing workplace life or posting content on social media related to the workplace can cause, the corporates are putting restrictions on their employee to post anything related to the workplace on social media. Even employees can stop believing any fake news and should stop posting or forwarding content on social media without verification. The companies can order their internal complaints committee to maintain stern privacy in cases to stop information leaking into social media. The employees spreading fake rumours which can come under the scanner as sexually maligning could be punished under the PoSH act. Online PoSH act 2013 training sessions can be organised for employees to make them understand the various aspects of sexual harassment and what could happen if someone files a malicious complaint or tries to blackmail someone. It is recommended that the organisations take the help of legal firms for POSH training of employees that can also make employees understand the provisions of cybercrime laws to tackle online harassment.  All these steps could prove to be a deterrent to the menace of using social media for sexual harassment and defamation. 

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What Is ICC and Who Are the Members?

ICC or Internal Complaints Committee is a group of people that is mandatory to constituted in every organization with ten or more employees. This committee is provided with the rights equivalent to a court by PoSH Act and is responsible for the investigation and hearing of cases of sexual harassment in any organization. The structure of the ICC is mentioned in the PoSH Act. It consists of-

• A Chairperson/ Presiding Officer – It must be a woman employed at the senior level at the workplace and has a credible record.
• Two Members – Shall be amongst the employees preferably committed to the cause of women/ experience in social work/ have legal knowledge.
• External Member – External member could be a doctor, an Advocate, or from an NGO working for the cause of women. the external member empanelment is also mandatory for each company. the member should be well versed with the provisions of the PoSH act. It is common for corporates to hire a legal expert as an external member in ICC to help the committee over the legal complications of any case. 

The formation of an ICC is a must for all branches of corporates. All organizations must file an annual report of the cases handled throughout the year by ICC to the Ministry of Women and Child Development. Not following these norms could lead to action taken against the organization or even cancellation of their license. 

What Should be an Ideal Complaint Redressal Mechanism?

An ideal PoSH complaint redressal mechanism is a must for any organization for the time-bound disposal of PoSH complaints. The structure should include an easy medium for women to register their complaints. The ICC should maintain confidentiality in such matters during the investigation and hearing of a complaint. the investigation must be unbiased and the point of view of all parties must be considered. ICC should also ensure that the victim gets instant action for their workplace safety. this includes transferring the alleged perpetrator to a different department or branch where the victim won’t have to face the perp till the investigation is complete. A time-cap must be introduced for all complaints to ensure efficient redressal of such cases. 

How PoSH Training Helps?

• Conducting PoSH training of employees helps them to get aware of their rights under the PoSH Act. 
• This helps women to come out and report any sexual misconduct from a college or a senior in the workplace and so, ensures a safe working environment. 
• PoSH Training also enables employees to learn about fake PoSH complaints or what can be categorized as malicious complaints. This can reduce no. of false or fake complaints in the organization. 
• Proper PoSH training for management makes them aware of the process to create a robust and effective complaint redressal system. 
• It also helps the management to set up an internal complaints committee. 

How to Get PoSH Training for Employees

• Contact a Legal firm that has experts with complete knowledge of the PoSH Act and have experience in conducting training sessions for employees in prestigious organizations. 
• These firms mostly have professionals who have worked in the internal complaints committee of other organizations and can help in creating ICC in the new company. 
• The experts can easily make employees understand the most technical terms of the Act clearly with their effective communication skills. 

Conducting PoSH training sessions for employees must be made mandatory so that the employees understand the consequences of sexual misconduct and what acts constitute sexual harassment. This will help in creating a more secure and tension-free environment for women at the workplace. Companies can take help from legal firms to understand the formation of ICC and a well-structured complaint management system. Legal firms can also help companies in becoming PoSH compliant and following all the norms of the PoSH Act. 

The post PoSH Training for Corporates: ICC Structure and Complaints Redressal Mechanism appeared first on MUDS.

Do you think the investigation of all PoSH cases should be conducted without any bias against the accused men?

Why a gender-neutral approach in the investigation is necessary to maintain the right to equality given by our constitution? 

In the upcoming sections, we will try to find the answers to such questions related to gender equality’s importance and investigate the current situation of gender neutrality in the PoSH law. 

Women were always subjected to some or other form of gender-based discrimination in the workplace. Sexual harassment of women in the workplace is another major issue which stopped women from joining the workforce of the country. To protect women from harassment and unfair treatment at work, the PoSH Act, 2013 (Prevention of Sexual Harassment Act) was introduced. Although the PoSH Act was introduced to give protection to women against sexual harassment, a major question it raised was that is it gender discriminatory in nature. The PoSH Law only gave protection to women and thus other genders have nowhere to go if they face sexual harassment. 

Impact of PoSH Act on the Environment of Workplace

It is quite true that women faced gender-based discrimination for a long time and therefore an act was needed to protect their rights. The PoSH law seeks to empower women to fight against sexual harassment at workplace. This law has helped many women get justice over the years for sexual harassment they faced in the workplace. However, it has also become a threatening tool for some women to extort money from their organization’s management. Fake PoSH cases are increasing day-by-day and internal complaints committees are finding it hard to decrease the no. of fake or malicious cases as they lead to innocent men facing humiliation from society. 

The constant increase in the malicious PoSH complaint has led some thinkers into believing that PoSH act has failed to serve the purpose of building a free society which adheres to the norms of right to equality. Even Delhi High Court said while dismissing a fake sexual harassment case in 2018 that women can’t be treated as “innocent gullible victims” while investigation.

Most of the experts of the PoSH Act still believe that it is an important law to ensure a safe work environment for women. Provisions for dealing with false cases can be made stricter but it will still be an exaggeration to say that POSH law has failed to bring a positive impact or failed to induce discussion on gender equality’s importance in society. The fact that other genders have nowhere to go for complaints of sexual harassment can’t be used as a tool to demean this PoSH act’s impact on the welfare women at the workplace. 

Debates on the Gender Neutrality of the PoSH Act

There have been many debates among the critics of the PoSH law regarding its gender discriminatory nature. As the act provides means of safety to women only, other genders could feel that the Government and judicial system is having a general bias towards women. Add to that the lack of a system for addressing sexual harassment complaints of men and LGBTQ. As of now, there is no system for addressing such cases under the PoSH act and so, it is argued that this breeds more discrimination in the workplace environment. In our opinion, the act could be made more inclusive and should be amended to provide a means of complaint redressal for other genders as well. This will not only make the other people feel secure but also lead to a decrease in general dissatisfaction from the act.  The LGBTQ community will also welcome this decision as a system for addressing their complaints will indicate that India as a society is becoming more open to them. So far, the possibility of an amendment in the PoSH act to include redressal of sexual harassment complaints of other genders is still in the discussion stage. We will have to wait and see how it works out in the future. 

Has the PoSH Act Created a General bias Against Men?

The discussion of gender equalities’ importance and right to equality brought into light society’s bias. Society’s bias against the male in such cases was prominent and somehow even the internal complaints committees of the organizations were also working or investigating cases under this social pressure of statements like “A woman can never lie about such things and if she says so…the guy must have done it.” Based on these scenarios, the critics say that the PoSH Act has added to the anti-men bias in society which sometimes leads to unnecessary shaming of innocent men in case of malicious complaints. The social judgment and the name & shame culture have continued their rise and many innocent males have fallen victim to the humiliation caused by it. Sometimes the humiliation becomes unbearable and people tend to take the extreme decision (Case of suicide by the Genpact Senior Official is an example) under its influence. 

What Can be Done?

As we saw in the previous sections, the PoSH act in its current form seems a little bit biased towards women. The act should include norms to address sexual harassment cases related to other genders as well. Meanwhile, the organizations on their level can create their own separate committees to address the complaints of sexual harassment of genders other than women. The further mechanism could be to take the help of the police if deemed fit by the investigative team of the company. This would create a deterrent at the organizational level against sexual harassment of other genders. The current situation is, women are still afraid to speak up due to the fear of judgment from society and men are afraid of false cases of sexual harassment against them that could label them as sexual offenders. 

What we can do is to change our approach to address such cases as a society and being less judgemental about it. It could sound like an ideal scenario, but we must be less judgemental about any women filing a complaint and any men facing the charges. We should step away from making a judgment against any complainant or accused before the final resolution of the complaint. Remember the saying 

“Until proven guilty, everyone is innocent in the face of law”. 

On the other hand, the government and corporates should work to ensure smooth complaint redressal systems so that no woman shies away from filing a complaint if she feels violated. Also, the approach of the investigating team should be non-prejudiced, and they should handle the investigation in a gender-neutral manner to ensure that neither the complainant nor the accused feel any injustice. The organizations should organize PoSH training and PoSH compliance sessions for employees and members of the internal complaints committee. They can take help from a legal firm to ensure proper PoSH training among their employees to reduce workplace sexual harassment cases. Communication among employees to facilitate gender equality in the workplace should be encouraged so that every employee understands gender equality’s importance.

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Do you know one out of every four employees is a woman?

Do you know every two out of five women claim that they have faced sexual harassment at the workplace in some form?

Two out of three organisations have no proper structure to address sexual harassment at the workplace.

The above stats should make any company look into their process of addressing cases of sexual harassment of women at workplace. Even after the introduction of the PoSH Act 2013 (which clearly states that organisations must have a proper structure to address complaints via PoSH act) most of the organisations fail to have a proper structure to address cases of sexual harassment at the workplace. The act has also made it mandatory for the companies to file an annual PoSH compliance report to the ministry of women and child development. Failing this would raise major questions on the PoSH Compliance policy of the organisation and can prompt the Government to take action against them. Therefore, it is essential for the companies to become PoSH compliant and draft policies that can protect their brand value from the horrors of cases related to sexual harassment at workplace. Let’s understand how brands can become PoSH compliant with this five-step guide.

The Five Steps for Organisations to become PoSH Complaint

1. Keep a Clearly STATED Organisational Policy Against Sexual Harassment:

All organisations are expected to draw a PoSH policy with explicit details on the redressal of PoSH complaints and the related mechanisms for it. A Posh policy is expected to cover the following:

• The policy should clearly state the coverage of workplace harassment (what constitutes sexual harassment and who is covered under it from management to employees). 
• A detailed explanation of some ambiguous terms and the policy must ensure that every person in the organisation understands what constitutes Posh at work. 
• Detailed information about the organisation’s internal complaints committee (ICC). The information must constitute the details of members of the committee. The committee must also include an external member for Posh with sound knowledge of the PoSH Act and experience in handling PoSH complaints.
•  The policy should clearly outline the mechanism for filing complaints, the workaround of investigations, and what are the do’s and don’t for the victim and the alleged offender after filing of the complaint. 
• Appeal Procedure, Organisations compensation procedure, and privacy clause to maintain confidentiality in such cases for the complainant and the respondent must be mentioned in the PoSH policy. 

2. The PoSH Policy Should be Part of the Employment Contract

It is important for any organisation to make any new employee aware of the company’s policy to prevent cases of sexual harassment at the workplace. This will serve as a memo to the employees and also a behavioural guide during the working hours of the organisation. The employee won’t understand the kind of disciplinary actions that could be taken against them for not following the norms of the policy. 

3. Formation of the Internal Complaints Committee

In the PoSH Act, it is clearly stated that the ICC should act as the primary judicial body in case of sexual harassment at the workplace. Formation of ICC is mandatory for any company employing ten or more employees. There are case laws available where courts have given instructions on the ideal structure of ICC. The company must follow all the norms, including an external member for ICC, keep at least 50% of women members with a women chairmen. All these members must be experienced and well versed with the norms of the PoSH acts. The company should arrange PoSH training for the members of ICC if they are not well versed with the PoSH Act. 

4. Organise PoSH Training for Employees

The Company is responsible for organising PoSH training for employees on regular basis. It can also avail an online PoSH training module from any reputed legal firm to train all employees at various levels. The PoSH training ensures awareness among all employees, members of the organisation’s management, and ICC members. This proves to be helpful in maintaining a safe working environment for women and gives them an idea of their rights conferred by the PoSH act. 

5. Filing Annual PoSH Compliance Report

The Section 21 of the PoSH act makes it mandatory for all organisations to file an annual report to the district officer. This report should contain the record of all the PoSH complaints handled by the ICC of the organisation throughout the year and status of the investigation at the time of filing the report. The Act says,

“The Internal Committee or the Local Committee, as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer and the District Officer.”

Consequences of Non-Compliance of PoSH Act

The consequences for non-compliance with the PoSH Act could prove to be bad for the reputation of the organisation. It could also lead to the government taking legal action against them. For example, actions for non-formation of ICC are.

• Penalty up to Rs. 50000 on the organisation. 
• The penalty could be doubled in case of repeated offense.
• Cancellation of business license could also happen for regular non-compliance. 

Apart from this, not filing the annual PoSH report to the district office could also lead to action taken against the company by the government. 

All this proves that PoSH compliance is not just a formality but rather a duty of the companies to ensure a safe working environment for women. If your company needs support for becoming PoSh compliant and drafting Posh Policy then contact a legal firm near you for assistance. 

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