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		<title>PoSH Act and Cyber Crime: Prevention of Social Media Defamation and Sexual Harassment</title>
		<link>https://muds.co.in/prevention-of-social-media-defamation-and-sexual-harassment/</link>
		
		<dc:creator><![CDATA[Shweta Gupta]]></dc:creator>
		<pubDate>Tue, 03 Nov 2020 08:30:40 +0000</pubDate>
				<category><![CDATA[PoSH]]></category>
		<category><![CDATA[online posh training]]></category>
		<category><![CDATA[posh act]]></category>
		<category><![CDATA[posh act 2013]]></category>
		<category><![CDATA[posh at work]]></category>
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		<guid isPermaLink="false">https://muds.co.in/posh-act-and-cyber-crime-prevention-of-social-media-defamation-and-sexual-harassment/</guid>

					<description><![CDATA[<p>PoSH Act and Cyber Crime: Prevention of Social Media Defamation and Sexual Harassment 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 [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://muds.co.in/prevention-of-social-media-defamation-and-sexual-harassment/">PoSH Act and Cyber Crime: Prevention of Social Media Defamation and Sexual Harassment</a> appeared first on <a rel="nofollow" href="https://muds.co.in">MUDS</a>.</p>
]]></description>
										<content:encoded><![CDATA[<h1>PoSH Act and Cyber Crime: Prevention of Social Media Defamation and Sexual Harassment</h1>
<p><a href="https://muds.co.in/brief-analysis-sexual-harassment-women-workplace-prevention-prohibition-redressal-act-2013/">Sexual harassment of women at workplace</a> 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 <strong><a href="https://muds.co.in/posh/">sexual harassment</a> on social media</strong> 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.</p>
<p><strong><em>In the age of&nbsp; 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.</em></strong></p>
<p>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.</p>
<p><strong><em>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.</em></strong></p>
<p>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 <strong>gender-based harassment cases</strong> 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?</p>
<h2><strong>How Social Media Has Become a Tool for Defamation?</strong></h2>
<p>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 <strong>sexual predators at the workplace</strong> 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.</p>
<h3><strong>Social Media and Sexual Harassment at Workplace</strong></h3>
<p>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 <strong>knowledge of <a href="https://muds.co.in/posh/">workplace harassment </a></strong>case being true or not. Therefore, many corporates are refraining their employees from posting anything on social media about their work-life.</p>
<p>The opportunities offered by <strong>social media channels to employees</strong> 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. <strong>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.</strong></p>
<h3><strong>What Could Employees and Organisations Do to Tackle It?</strong></h3>
<p>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 <a href="https://muds.co.in/internal-complaints-committee-members-training-certification/">internal complaints committee</a> 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 <a href="https://muds.co.in/posh-act-2013-sexual-harassment-women-workplace/">PoSH act</a>. Online <a href="https://muds.co.in/posh-act-2013-sexual-harassment-women-workplace/">PoSH act 2013</a> 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 <strong><a href="https://muds.co.in/posh/">POSH training</a> of employees</strong> that can also make employees understand the provisions of cybercrime laws to <strong>tackle online harassment</strong>.&nbsp; All these steps could prove to be a deterrent to the menace of using social media for sexual harassment and defamation.&nbsp;</p>
<p>The post <a rel="nofollow" href="https://muds.co.in/prevention-of-social-media-defamation-and-sexual-harassment/">PoSH Act and Cyber Crime: Prevention of Social Media Defamation and Sexual Harassment</a> appeared first on <a rel="nofollow" href="https://muds.co.in">MUDS</a>.</p>
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		<title>PoSH Training for Corporates: ICC  Structure and Complaints Redressal Mechanism</title>
		<link>https://muds.co.in/posh-training-for-corporates/</link>
		
		<dc:creator><![CDATA[Shweta Gupta]]></dc:creator>
		<pubDate>Sat, 31 Oct 2020 12:03:38 +0000</pubDate>
				<category><![CDATA[internal complaints committee]]></category>
		<category><![CDATA[Others]]></category>
		<category><![CDATA[PoSH]]></category>
		<category><![CDATA[appeal against internal complaints committee]]></category>
		<category><![CDATA[Companies Act]]></category>
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		<category><![CDATA[employee traning]]></category>
		<category><![CDATA[internal complaints committee guidelines]]></category>
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		<category><![CDATA[Sexual Harassment]]></category>
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		<category><![CDATA[sexual harassment committee]]></category>
		<category><![CDATA[sexual harassment of women at workplace]]></category>
		<guid isPermaLink="false">https://muds.co.in/posh-training-for-corporates-icc-structure-and-complaints-redressal-mechanism/</guid>

					<description><![CDATA[<p>The PoSH (Prevention of Sexual harassment Act) law seeks to empower women to fight against sexual harassment at the workplace. Over the years, the Prevention of Sexual Harassment (PoSH) Act has helped many women in getting justice for the cases of sexual harassment they have faced in the workplace. However, it has also become a [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://muds.co.in/posh-training-for-corporates/">PoSH Training for Corporates: ICC  Structure and Complaints Redressal Mechanism</a> appeared first on <a rel="nofollow" href="https://muds.co.in">MUDS</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The PoSH (Prevention of Sexual harassment Act) law seeks to empower women to fight against sexual harassment at the workplace. Over the years, the Prevention of Sexual Harassment (PoSH) Act has helped many women in getting justice for the cases of sexual harassment they have faced in the workplace. However, it has also become a threatening tool for some women to extort money from their organization’s management through malicious PoSH complaints. There is sometimes a lack of awareness among employees which can lead to unwanted cases of sexual misconduct. Also, many organizations do not know how to set up a proper POSH complaint redressal system or constitute the <strong><a href="https://muds.co.in/posh/">internal complaints committee</a></strong>. 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.</p>
<p><strong>What Is ICC and Who Are the Members?</strong></p>
<p>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 <strong><a href="https://muds.co.in/posh/">PoSH Act</a></strong>. It consists of-</p>
<ul>
<li>A Chairperson/ Presiding Officer – It must be a woman employed at the senior level at the workplace and has a credible record.</li>
<li>Two Members – Shall be amongst the employees preferably committed to the cause of women/ experience in social work/ have legal knowledge.</li>
<li>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.&nbsp;</li>
</ul>
<p>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.&nbsp;</p>
<p><strong>What Should be an Ideal Complaint Redressal Mechanism?</strong></p>
<p>An ideal PoSH complaint redressal mechanism is a must for any organization for the time-bound disposal of <strong><a href="https://muds.co.in/posh/">PoSH complaints</a></strong>. 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.&nbsp;</p>
<p><strong>How PoSH Training Helps?</strong></p>
<ul>
<li>Conducting <strong><a href="https://muds.co.in/posh/">PoSH training of employees</a></strong> helps them to get aware of their rights under the PoSH Act.&nbsp;</li>
<li>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.&nbsp;</li>
<li>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.&nbsp;</li>
<li>Proper PoSH training for management makes them aware of the process to create a robust and effective complaint redressal system.&nbsp;</li>
<li>It also helps the management to set up an internal complaints committee.&nbsp;</li>
</ul>
<p><strong>How to Get PoSH Training for Employees</strong></p>
<ul>
<li>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.&nbsp;</li>
<li>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.&nbsp;</li>
<li>The experts can easily make employees understand the most technical terms of the Act clearly with their effective communication skills.&nbsp;</li>
</ul>
<p>Conducting <strong><a href="https://muds.co.in/posh/">PoSH training</a></strong> 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 <a href="https://en.wikipedia.org/wiki/Sexual_Harassment_of_Women_at_Workplace_(Prevention,_Prohibition_and_Redressal)_Act,_2013">PoSH Act</a>.&nbsp;</p>
<p>The post <a rel="nofollow" href="https://muds.co.in/posh-training-for-corporates/">PoSH Training for Corporates: ICC  Structure and Complaints Redressal Mechanism</a> appeared first on <a rel="nofollow" href="https://muds.co.in">MUDS</a>.</p>
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		<item>
		<title>PoSH Act: 5 Steps to Protect Your Brand Via PoSH Compliance</title>
		<link>https://muds.co.in/5-steps-to-protect-your-brand-via-posh-compliance/</link>
		
		<dc:creator><![CDATA[Shweta Gupta]]></dc:creator>
		<pubDate>Wed, 28 Oct 2020 10:53:31 +0000</pubDate>
				<category><![CDATA[PoSH]]></category>
		<category><![CDATA[online posh training]]></category>
		<category><![CDATA[posh act]]></category>
		<category><![CDATA[posh act 2013]]></category>
		<category><![CDATA[posh committee]]></category>
		<category><![CDATA[PoSH complaint]]></category>
		<category><![CDATA[posh law]]></category>
		<guid isPermaLink="false">https://muds.co.in/posh-act-5-steps-to-protect-your-brand-via-posh-compliance/</guid>

					<description><![CDATA[<p>PoSH Act: 5 Steps to Protect Your Brand&#160; 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 [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://muds.co.in/5-steps-to-protect-your-brand-via-posh-compliance/">PoSH Act: 5 Steps to Protect Your Brand Via PoSH Compliance</a> appeared first on <a rel="nofollow" href="https://muds.co.in">MUDS</a>.</p>
]]></description>
										<content:encoded><![CDATA[<h2>PoSH Act: 5 Steps to Protect Your Brand&nbsp;</h2>
<p><strong><em>Do you know one out of every four employees is a woman?</em></strong></p>
<p><strong><em>Do you know every two out of five women claim that they have faced sexual harassment at the workplace in some form?</em></strong></p>
<p><strong><em>Two out of three organisations have no proper structure to address sexual harassment at the workplace.</em></strong></p>
<p>The above stats should make any company look into their process of addressing cases of <strong><a href="https://www.muds.co.in/posh/">sexual harassment of women at workplace</a></strong>. Even after the introduction of the <a href="https://muds.co.in/posh-act-2013-sexual-harassment-women-workplace/">PoSH Act 2013</a> (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 <strong>PoSH Compliance policy</strong> 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 <a href="https://muds.co.in/posh-case-advisory/">harassment at workplace</a>. Let’s understand how brands can become PoSH compliant with this five-step guide.</p>
<h2><strong>The Five Steps for Organisations to become PoSH Complaint</strong></h2>
<ol>
<li>
<h3><strong>Keep a Clearly STATED Organisational Policy Against Sexual Harassment:</strong></h3>
</li>
</ol>
<p>All organisations are expected to draw a <strong><a href="https://www.muds.co.in/posh/">PoSH policy</a></strong> with explicit details on the redressal of PoSH complaints and the related mechanisms for it. A Posh policy is expected to cover the following:</p>
<ul>
<li>The policy should clearly state the coverage of <a href="https://muds.co.in/posh/"><strong>workplace harassment</strong></a> (what constitutes sexual harassment and who is covered under it from management to employees).&nbsp;</li>
<li>A detailed explanation of some ambiguous terms and the policy must ensure that every person in the organisation understands what constitutes <a href="https://muds.co.in/posh/">Posh at work</a>.&nbsp;</li>
<li>Detailed information about the organisation’s <a href="https://muds.co.in/internal-complaints-committee-members-training-certification/">internal complaints committee</a> (ICC). The information must constitute the details of members of the committee. The committee must also include an <a href="https://muds.co.in/empanel-external-member-posh-icc-committee/">external member for Posh</a> with sound knowledge of the PoSH Act and experience in handling <strong>PoSH complaints.</strong></li>
<li>&nbsp;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.&nbsp;</li>
<li>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.&nbsp;</li>
</ul>
<ol start="2">
<li>
<h3><strong>The PoSH Policy Should be Part of the Employment Contract</strong></h3>
</li>
</ol>
<p>It is important for any organisation to make any new employee aware of the company’s policy to prevent cases of <strong>sexual harassment at the workplace</strong>. 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.&nbsp;</p>
<ol start="3">
<li>
<h3><strong>Formation of the Internal Complaints Committee</strong></h3>
</li>
</ol>
<p>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 <a href="https://muds.co.in/empanel-external-member-posh-icc-committee/">external member for ICC</a>, 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 <strong>PoSH training</strong> for the members of ICC if they are not well versed with the PoSH Act.&nbsp;</p>
<ol start="4">
<li>
<h3><strong>Organise PoSH Training for Employees</strong></h3>
</li>
</ol>
<p>The Company is responsible for organising <a href="https://muds.co.in/importance-of-posh-training-for-employees-and-management-in-a-company/">PoSH training for employees</a> on regular basis. It can also avail an <a href="https://www.muds.co.in/posh-training-online/">online PoSH training</a> module from any reputed legal firm to train all employees at various levels. The <a href="https://muds.co.in/posh/">PoSH training</a> 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 <strong><a href="https://muds.co.in/posh-act-2013-sexual-harassment-women-workplace/">PoSH act</a></strong>.&nbsp;</p>
<ol start="5">
<li>
<h3><strong>Filing Annual PoSH Compliance Report</strong></h3>
</li>
</ol>
<p>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,</p>
<p><strong><em>“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.”</em></strong></p>
<h2><strong>Consequences of Non-Compliance of PoSH Act</strong></h2>
<p>The consequences for <strong>non-compliance with the PoSH Act</strong> 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.</p>
<ul>
<li>Penalty up to Rs. 50000 on the organisation.&nbsp;</li>
<li>The penalty could be doubled in case of repeated offense.</li>
<li>Cancellation of business license could also happen for regular non-compliance.&nbsp;</li>
</ul>
<p>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.&nbsp;</p>
<p>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.&nbsp;</p>
<p>The post <a rel="nofollow" href="https://muds.co.in/5-steps-to-protect-your-brand-via-posh-compliance/">PoSH Act: 5 Steps to Protect Your Brand Via PoSH Compliance</a> appeared first on <a rel="nofollow" href="https://muds.co.in">MUDS</a>.</p>
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		<title>PoSH Act Explained: Understand Empanelment of External Member in ICC of Organisation</title>
		<link>https://muds.co.in/posh-act-explained-understand-empanelment-of-external-member-in-icc-of-organisation/</link>
		
		<dc:creator><![CDATA[Shweta Gupta]]></dc:creator>
		<pubDate>Tue, 27 Oct 2020 15:25:31 +0000</pubDate>
				<category><![CDATA[ICC]]></category>
		<category><![CDATA[PoSH]]></category>
		<category><![CDATA[online posh training]]></category>
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		<guid isPermaLink="false">https://muds.co.in/posh-act-explained-understand-empanelment-of-external-member-in-icc-of-organisation/</guid>

					<description><![CDATA[<p>PoSH Act Explained: Understand Empanelment of External Member in ICC of Organisation The PoSH Act entails all the basic norms for empanelment of external members in the Internal Complaints Committee at any organisation. The law states that the external member must be a person with reasonable experience of handling the cause of the working women. [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://muds.co.in/posh-act-explained-understand-empanelment-of-external-member-in-icc-of-organisation/">PoSH Act Explained: Understand Empanelment of External Member in ICC of Organisation</a> appeared first on <a rel="nofollow" href="https://muds.co.in">MUDS</a>.</p>
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.elementor-widget-text-editor.elementor-drop-cap-view-stacked .elementor-drop-cap{background-color:#69727d;color:#fff}.elementor-widget-text-editor.elementor-drop-cap-view-framed .elementor-drop-cap{color:#69727d;border:3px solid;background-color:transparent}.elementor-widget-text-editor:not(.elementor-drop-cap-view-default) .elementor-drop-cap{margin-top:8px}.elementor-widget-text-editor:not(.elementor-drop-cap-view-default) .elementor-drop-cap-letter{width:1em;height:1em}.elementor-widget-text-editor .elementor-drop-cap{float:left;text-align:center;line-height:1;font-size:50px}.elementor-widget-text-editor .elementor-drop-cap-letter{display:inline-block}</style>				<h1>PoSH Act Explained: Understand Empanelment of External Member in ICC of Organisation</h1><p>The PoSH Act entails all the basic norms for empanelment of external members in the <a href="https://muds.co.in/internal-complaints-committee-members-training-certification/">Internal Complaints Committee</a> at any organisation. The law states that the external member must be a person with reasonable experience of handling the cause of the working women. The said person could be from an NGO working for women or a <a href="https://muds.co.in/understanding-posh-act-legal-help-can-save-malicious-posh-complaint/">PoSH lawyer</a>.</p><h2><b>Consequences of Non-Empanelment of External Member</b></h2><ul><li>If a company doesn&#8217;t empanel external members in its internal committee then it won&#8217;t be considered legitimate. It could also invite non-compliance related actions from the government against the said organisation.</li><li>Non-compliance of <a href="https://muds.co.in/posh-act-2013-sexual-harassment-women-workplace/">PoSH law</a> could invite hefty fines being imposed on the company. Repeated violations could lead to cancellation of the license of the company.</li></ul><h3><b>Criteria for External Member Empanelment</b></h3><p>The perspective external must possess the subsequent qualities:</p><ul><li>The candidate must have a thorough understanding of the PoSH law and should possess relevant experience in dealing with complaints of sexual <a href="https://muds.co.in/posh-case-advisory/">harassment at workplace</a>.</li><li>The <a href="https://muds.co.in/empanel-external-member-posh-icc-committee/">external member</a> should have the skills and understand how to address complaints from female employees. They should be free from any preconceived bias before starting investigation.</li><li>Preferably the person should be a lawyer working with an NGO or consultancy specialising in work related to women&#8217;s cause. The said candidate must be reputable and do not have any pending cases against him/her.</li><li>The candidate must have experience of communicating with the victims and instigators. This helps them to efficiently handle the cases related to <a href="https://muds.co.in/posh/">PoSH at work</a>.</li></ul><h3><b>How to Hire an External Member to ICC</b></h3><ul><li>Organisations could invite applications for hiring an external member by listing the eligibility criteria as per PoSH law. They can then select candidates who meet the criteria for in-person meetings.</li><li>Companies can also go for a professional PoSH lawyer who can also train the Internal committee members on the nuances of the <a href="https://muds.co.in/posh-act-2013-sexual-harassment-women-workplace/">PoSH act</a>. The said member can also organise <a href="https://muds.co.in/importance-of-posh-training-for-employees-and-management-in-a-company/">PoSH training for employees</a>. This will serve the dual purpose of <a href="https://muds.co.in/importance-of-posh-training-for-employees-and-management-in-a-company/">PoSH training</a> and compliance for the company.</li><li>Before hiring, companies must make the candidate go through psychological tests to ensure they are free from any gender bias.</li></ul><p><strong><strong>Author:</strong></strong> <strong>Adv Sharlee Garg<br />Muds Management Private Limited<br />Mobile number: 91-9599653306<br />Email id: sharlee@muds.co.in</strong></p>						</div>
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		<p>The post <a rel="nofollow" href="https://muds.co.in/posh-act-explained-understand-empanelment-of-external-member-in-icc-of-organisation/">PoSH Act Explained: Understand Empanelment of External Member in ICC of Organisation</a> appeared first on <a rel="nofollow" href="https://muds.co.in">MUDS</a>.</p>
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		<title>India&#8217;s POSH Act 2013: Sexual Harassment of Women at Workplace</title>
		<link>https://muds.co.in/posh-act-2013-sexual-harassment-women-workplace/</link>
		
		<dc:creator><![CDATA[m0dsAdmn]]></dc:creator>
		<pubDate>Fri, 03 Jul 2020 10:20:50 +0000</pubDate>
				<category><![CDATA[PoSH]]></category>
		<category><![CDATA[harassment at workplace]]></category>
		<category><![CDATA[India sexual harassment act]]></category>
		<category><![CDATA[posh act]]></category>
		<category><![CDATA[posh act 2013]]></category>
		<category><![CDATA[posh committee]]></category>
		<category><![CDATA[posh law]]></category>
		<category><![CDATA[sexual harassment act]]></category>
		<category><![CDATA[sexual harassment law]]></category>
		<category><![CDATA[Workplace harassment]]></category>
		<guid isPermaLink="false">https://muds.co.in/indias-posh-act-2013-sexual-harassment-of-women-at-workplace/</guid>

					<description><![CDATA[<p>POSH Act, 2013 The Indian Sexual Harassment Act or POSH Act 2013 is a historical piece of legislation in India and is also known as The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. Historical Context of Sexual Harassment in India India being a patriarchal society, faces the dubious distinction of [&#8230;]</p>
<p>The post <a rel="nofollow" href="https://muds.co.in/posh-act-2013-sexual-harassment-women-workplace/">India&#8217;s POSH Act 2013: Sexual Harassment of Women at Workplace</a> appeared first on <a rel="nofollow" href="https://muds.co.in">MUDS</a>.</p>
]]></description>
										<content:encoded><![CDATA[<h2><strong>POSH Act, 2013</strong></h2>
<blockquote><p><em>The Indian Sexual Harassment Act or POSH Act 2013 is a historical piece of legislation in India and is also known as The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.</em></p></blockquote>
<h2><strong>Historical Context of Sexual Harassment in India</strong></h2>
<p>India being a patriarchal society, faces the dubious distinction of having a very deep-rooted history of sexual harassment in the society.</p>
<p>In old times, the women were mostly confined to the four walls of their homes, not permitted to get educated or work. There were many instances of workplace harassment, yet, the women had to keep quiet and bear the brunt as coming out in the open would tarnish their image.</p>
<p>The perpetrators of such acts were generally not persecuted, as there was no law to protect the sanctity of women.</p>
<h2><strong>Background of the POSH Act or Sexual Harassment Law</strong></h2>
<p><img decoding="async" src="https://muds.co.in/wp-content/uploads/2020/10/www.muds_.co_.in_.png" alt="stop sexual harassment at work place"></p>
<p>Gradually the society opened and started giving attention to educating girl child. With time, women started working in all kinds of organizations. The women in India became empowered through education and gained some foothold in the workplaces but ironically, cases of sexual harassment at workplaces were rampant and widespread.</p>
<p>There was a call for a strong sexual harassment law to curb these acts from all sections of the society. Here we shall examine in brief the foundations of the POSH Act, 2013 which was brought as a tool to eradicate harassment of women at workplace.</p>
<h3><strong>(a) Vishaka vs State of Rajasthan (1997)</strong></h3>
<p>The framework of this women harassment act which was termed as POSH Act was laid down in the landmark judgement by the Supreme Court in <strong><em>Vishaka vs State of Rajasthan (1997). Another case was of Bhanwari Devi.</em></strong></p>
<p><strong><em>Bhanwari Devi</em></strong><em> belonged to a lower caste family and lived in Bhateri, a village in Rajasthan. In 1985, she enrolled as a ‘saathin’ (friend), which is a grassroots worker, as part of the Women’s Development Project (WDP) run by the Government of Rajasthan.</em></p>
<p><em>As part of her job, Bhanwari Devi spread awareness amongst villagers about issues related to land, water, literacy, health, etc. In 1992, Bhanwari took up the issue of child marriage which was illegal still widely practiced in villages.</em></p>
<p><em>During her campaign against child marriage Bhanwari intervened and tried to stop the marriage of a nine-month-old who was the daughter of one Ram Karan Gurjar. With the help of police and officials she was successful in stopping this marriage on the due date (although it took place the very next day).</em></p>
<p><em>This valiant act of Bhanwari did not go down well with men of Gurjar community and she and her family faced social and economic boycott. Not stopping at this, to teach her a lesson, her husband was beaten and even her employer was roughed up. Consequently, she had to quit her work.</em></p>
<p>However, on 22 September 1992, Bhanwari Devi was brutally gang raped by five men-all belonging to the same Gurjar family whose daughter’s child marriage she had attempted to stop. The accused of men were arrested and tried in the court, but they had a lot of support from police and politicians. It was only when the print media highlighted her plight that women’s groups and other social organizations came forward to take up her case.</p>
<p>Despite all her efforts to get justice, on 15 November 1995, the district and sessions court in Jaipur gave its verdict by dismissing the case and acquitting all the five accused.</p>
<p>Disappointed women activists and lawyers filed a Public Interest Litigation (PIL) in the Supreme Court of India under the collective platform of Vishaka.&nbsp; The judgment on this PIL in August 1997, for the first time, gave the basic definitions of sexual harassment of women at workplace and provided guidelines to deal with it and this resulted in what are popularly known as the Vishaka Guidelines. The main intention of the SC was to provide a platform for redressal and grievance mechanisms against workplace sexual harassment and this became the basic foundation of the POSH Act, 2013.</p>
<h3><strong>(b) UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), July 9, 1993</strong></h3>
<p>The POSH Act has taken from this convention, aspects of equality of women in the workplace, gender-specific violence, and unwelcome sexually colored behaviour and adopted them to come out with a strong legislature.</p>
<h3><strong>(c) Article 14, 15 &amp; 21 of the Constitution</strong></h3>
<p>&nbsp;The Act is grounded in these specific provisions of the Indian constitution:</p>
<ul>
<li>Guarantee of the right to life and liberty (Article 21)</li>
<li>Right against discrimination (Article 14)</li>
<li>Freedom to practice any trade or profession without hindrance (Article 19(1)(g))</li>
</ul>
<p>Thus, drawing from these three major sources, the POSH Act 2013 was framed and came out as a powerful, protective sexual harassment law for working women of all strata.</p>
<h2><strong>Brief of “The POSH Act, 2013”</strong></h2>
<p>After 16 long years of Vishaka Guidelines, the POSH Act came into force from 9 December 2013.</p>
<p>The Act is a right step to ensure safe working environment for women as it requires all companies (with more than 10 employees) to constitute an Internal Complaints Committee (ICC) in the prescribed manner and to address the workplace sexual harassment complaints from women in a time-bound and confidential manner.</p>
<h3><strong>1) Definition of the term “Sexual Harassment”</strong></h3>
<p><img fetchpriority="high" decoding="async" src="https://muds.co.in/wp-content/uploads/2020/07/The-POSH-Act-defines-sexual-harassment-as.jpg" alt="The POSH Act defines sexual harassment as" width="552" height="276"></p>
<p><strong>The Act defines sexual harassment as:</strong></p>
<p>a) Physical contact and advances</p>
<p>b) Demand or request for sexual favors</p>
<p>c) Making sexually colored remarks</p>
<p>d) Showing pornography</p>
<p>e) Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.</p>
<p><strong>Apart from these, the Act also states that the following circumstances may constitute sexual harassment (whether implied or explicit):</strong></p>
<p>a) Promise of preferential treatment in employment</p>
<p>b) Threat of detrimental treatment in employment</p>
<p>c) Threat about present or future employment</p>
<p>d) Creating an intimidating or offensive or hostile work environment</p>
<p>e) Humiliating treatment potentially endangering health or safety</p>
<h4><strong>(i) Types of Sexual Harassment</strong></h4>
<p>(A) Quid Pro Quo: Means ‘something for something’</p>
<p>&nbsp; &nbsp; &nbsp; &nbsp;Ex: Promising a promotion in lieu of a sexual favor</p>
<p>(B) Hostile Environment: Involves unwelcome &amp; unwanted conduct</p>
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Ex: Spreading rumors to damage one’s reputation</p>
<h4><strong>(ii) What Doesn’t Constitute to Sexual Harassment</strong></h4>
<p><img decoding="async" src="https://muds.co.in/wp-content/uploads/2020/07/What-Doesnt-Constitute-to-Sexual-Harassment.jpg" alt="What Doesn’t Constitute to Sexual Harassment" width="552" height="276"></p>
<ul>
<li>Following-up on work absences</li>
<li>Requiring performance to job standards</li>
<li>Normal exercise of management rights</li>
<li>Working conditions</li>
<li>Constructive feedback</li>
</ul>
<h3><strong>2) Definition of the term “Unwelcome’’&nbsp;</strong></h3>
<p>When the recipient does not consent or disapproves</p>
<p>Even if the victim does not complain, it doesn’t imply that it is welcome</p>
<p>Some comments are blatant &amp; rude, inherently offensive: always deemed as unwelcome</p>
<p>It is important to note that as an unwelcome sexual behaviour is a subjective experience and therefore, mostly the legal analysis depends on the <strong>complainant’s perspective</strong>. In such matters the intent of the doer is unimportant; <strong>what matters is the impact on the receiver</strong>.</p>
<h3><strong>3) Definition of “Workplace”</strong></h3>
<p>Interestingly, the Act covers a very wide range for the term workplace and introduces the concept of an “extended workplace.”</p>
<p>The sexual harassment law or PoSH Act explains that apart from the office of the employer or employee, any place that is visited by the employee during the course of his/her employment, will also constitute a workplace and thus will be considered for cases of workplace harassment. It extends beyond this, and includes any transportation provided by the employer for the purpose of commuting to and from the place of employment too. Thus, an official event in a social setting, that is endorsed or financed by the employer, will also be deemed a workplace under the Indian sexual harassment act or the POSH Law.</p>
<h3><strong>4) Definition of an “Aggrieved Woman”</strong></h3>
<p>The Sexual harassment Law takes a wide view of an “aggrieved woman” and specifies that a woman who has been subjected to sexual harassment may of any age, whether employed or not.</p>
<p>Thus, it is very clear that the woman must not have to be an employee, she can even be a customer or a visitor who feels sexually harassed at any workplace, and therefore, can seek protection under POSH Law.</p>
<h3><strong>5) Definition of an “Employee”</strong></h3>
<p>In terms of the definition of an “employee” the <a href="https://muds.co.in/brief-analysis-sexual-harassment-women-workplace-prevention-prohibition-redressal-act-2013/">women harassment act</a> once again encompasses a wide range and covers regular, temporary, ad hoc employees, individuals engaged on a daily wage basis, either directly or through an agent, contract workers, co-workers, probationers, trainees, and apprentices.</p>
<h3><strong>6) Definition of an “Employer”</strong></h3>
<p>The women’s harassment act defines an employer to be any person who is responsible for the management, supervision and control of the workplace and management. It also includes a person or board or committee in an organization which is responsible for formulation and administration of policies.</p>
<h2><strong>Duties of Employers</strong></h2>
<p>The POSH Act prescribes certain duties of the employer to provide a safe working environment for persons in the workspace. Set out below are some of the duties which are required to be performed by the employers:</p>
<ul>
<li>Provide a safe working environment</li>
<li>Display at any conspicuous place at the workplace the penal consequences of workplace sexual harassment and the order constituting the IC</li>
<li>Conduct PoSH training programs from time to time to create awareness and sensitize employees at all levels</li>
<li>Conduct orientation programs for the members of the ICC</li>
<li>Provide necessary facilities to the members of the ICC</li>
<li>Assist the aggrieved woman to secure justice under the IPC</li>
<li>Monitor the timely submission of the reports by the IC</li>
</ul>
<p><strong>Furthermore, an employer must fulfil the following under the Rules:</strong></p>
<ul>
<li>Frame and publish policies of the company related to the POSH Law on the internet giving the contact details and names of the ICC members</li>
<li>Carry out programs for ICC members for capacity building and skills development</li>
<li>Generate awareness among employees by use modules published by the state governments</li>
</ul>
<p>As a best practice, since the scope of POSH Law extends beyond employees, the companies must put up POSH Law related posters in conspicuous places in the workplace like the company entrance, reception, and meeting or conference rooms. This will help deliver the message to all- like customers, consultants, etc. who visit the company premises.</p>
<h2><strong>Internal Complaints Committee (ICC)</strong></h2>
<p>The Internal Committee (IC) (originally called ICC) is the most important component of the POSH Act as on it depends the entire redressal system. Thus, the Act gives a detail of its composition, rules and regulations.</p>
<p><img decoding="async" src="https://muds.co.in/wp-content/uploads/2020/07/Internal-Complaints-Committee.jpg" alt="Internal Complaints Committee" width="552" height="276"></p>
<p>As per the Act, an employer (having 10 workers or more) is required to set up an Internal Committee for the redressal of ‘sexual harassment’ complaints. The organization’s IC shall be entrusted to regulate and administer complaints on harassment at workplace and additionally, it shall submit an annual report to its employer and the concerned District Officer.</p>
<h3><strong>(a) Composition of Internal Committee (IC)</strong></h3>
<p>The Act mandates that the Internal Committee (IC) should have a minimum of four members as under:</p>
<p>(i) The Presiding Officer – who should be a woman employed at a senior level at the workplace;</p>
<p>(ii) Two Internal Members- who should be from amongst the employees of the company and are committed to the case of women or who have had experience in social work or have legal understanding; and</p>
<p>(iii) One External Member- who is acquainted with the issues relating to sexual harassment and should be from a <a href="https://en.wikipedia.org/wiki/Non-governmental_organization" target="_blank" rel="noreferrer noopener">non-governmental organization</a> or an association committed to the cause of women or a person.</p>
<p>The POSH Act regulations demand that all committees constituted under it must have at least 50% representation of women. The Presiding Officer and the other members of the complaints committee are required to hold office for a period of not more than three (3) years from the date of their appointment.</p>
<p>The company should publish and display the list of members of IC and their contact details at all prominent spaces of the workplace and on the website of the company (if any).</p>
<h3><strong>(b) Redressal Process</strong></h3>
<p>(i) A compliant of sexual harassment at workplace may be lodged by any aggrieved female to the Internal Committee in writing within three months of the occurrence of the incident. In case there is a series of incidents, then it should be filed within three months of the occurrence of the last incident.</p>
<p>The three months’ time limit may be extended by the Internal Committee which shall assess if there existed circumstances which prevented the aggrieved female from filing the complaint. If convinced, then an extension for a maximum period of three months shall be given to the aggrieved female for filing the complaint.</p>
<p>(ii) In case an aggrieved female is not able to make a complaint due to her being physically or mentally incapacitated, or death or any other reason, then the POSH Act provides that her legal heir or such other person as may be prescribed, may make a complaint.</p>
<p>Furthermore, a supervisor or manager is to report immediately to the IC if he/she is aware of a conduct which is inconsistent with this policy or if he/she receives any report of sexual misconduct.</p>
<p>(iii) The complaint should contain all the material and relevant details concerning the alleged sexual harassment, for example, name of the accused, details of the incident, place of the incident, names of witness (if any).</p>
<p>(iv) The Internal Committee has been bestowed with the power to settle the matter between the two parties through conciliation, if the aggrieved woman puts in a request. This route can be opted for before the initiation of an inquiry. And in such a settlement the IC must make sure that no monetary settlement has been made the basis of conciliation.</p>
<p>In case a settlement is arrived at, then the IC must record the details of the settlement and forward it to the management of the concerned organization. A copy of the settlement is to be provided to both- the aggrieved woman and the accused.</p>
<p>The Sexual Harassment law specifies that after a successful settlement has been made between the two parties, there shall be no further inquiry by the Internal Committee unless the terms of the settlement are broken or not followed by either of the two parties.</p>
<h3>(c) Inquiry Process</h3>
<p>The Act describes in detail the inquiry process to be followed by the IC.</p>
<p>(i) In the event that there is no successful conciliation, the ICC shall proceed with the inquiry under the POSH Act.</p>
<p>(ii) A copy of the complaint should be sent to the accused within 7 days of receipt of complaint by the aggrieved woman. The accused is required to file a reply to the complaint within a period of 10 days from the date of receipt of the complaint.</p>
<p>(iii) The aggrieved woman and the accused, both will be given equal opportunity to be heard, during the course of inquiry by the Internal Committee. To ensure the freedom of expression and also to provide an atmosphere free of intimidation both shall be called separately. But neither of them will be allowed to be represented by any legal practitioner until the inquiry is conducted by the IC.</p>
<p>(iv) Further, according to the POSH Act, 2013 at least three members from the IC must be present during the inquiry.</p>
<p>The inquiry proceedings must be completed within 90 days from the date of receipt of complaint, and the IC must communicate its findings and its recommendation to both the parties and the company within 10 days of the completion of the inquiry.</p>
<p>(v) The report of the case of <strong>harassment at workplace</strong> should contain of the following elements:</p>
<p>(a) description of all aspects of the complaint;</p>
<p>(b) description of the process followed;</p>
<p>(c) description of the background information and documents that support or refute claims of both the parties;</p>
<p>(d) an analysis of information obtained;</p>
<p>(e) findings; and</p>
<p>(f) recommendation.</p>
<p>(vi) The Internal Committee can terminate the inquiry proceedings or to give an ex party decision on the complaint, if either of the parties fail to present themselves for three consecutive hearings.</p>
<p>(vii) During the pendency of an inquiry, on a written request made by the aggrieved woman, the IC may recommend to the employer to:</p>
<p>(a) transfer the aggrieved woman or the accused to any other workplace; or</p>
<p>(b) grant leave to the aggrieved woman up to a period of three months provided that the leave granted to the aggrieved woman shall be in addition to the leave she would have been otherwise entitled.</p>
<p>(viii) The Internal Committee is free to adopt its own procedure for carrying out the inquiry having regard to the sensitive nature of the complaint and the respective position of the parties.</p>
<h3>(d) Appeal</h3>
<p>In case the aggrieved woman or the accused is not satisfied with the decision of the IC then they may go for an appeal to the appellate authority within ninety days from the date of receipt of decision of the Internal Committee. Either of them can also appeal in case of non-implementation of the recommendation of the IC.</p>
<h3>(e) Penalty for Non-Compliance of the sexual harassment Law or PoSH Act</h3>
<p>An employer can be subjected to a penalty of up to INR 50,000 for:</p>
<ul>
<li>Failure to constitute <a href="https://muds.co.in/internal-complaints-committee-members-training-certification/">Internal Complaints Committee</a></li>
<li>Failure to act upon recommendations of the Complaints Committee</li>
<li>Failure to file an annual report to the District Officer where required</li>
<li>Contravening or attempting to contravene or abetting contravention of the Act or Rules.</li>
</ul>
<h2><strong>Conclusion</strong></h2>
<p>As the onus of safe campuses lies squarely on the employers of companies and organizations, most of them have started to put in sincere efforts to make the workplace safer for women.</p>
<p>The enforcement of the POSH Act has brought about great awareness about gender sensitization and sexual harassment and with this more and more women are coming up to complaint against it.</p>
<p>The strict implementation of the women harassment act has increased the level of awareness among employees and is now looked upon as a social responsibility by all to keep their premises safe.</p>
<p>In a recent development the forward-looking entities have started framing sexual harassment laws which cover a wider range than prescribed in the POSH Act and are keeping them gender neutral.</p>
<p>In fact, a safe working place is the fundamental right for all, irrespective of the gender, and by providing this an organization can ensure better productivity and profit.</p>
<p>Thus, to sum up we can state that prevention of sexual harassment must be the primary motive of all organizations, but if unfortunately, an employee’s modesty is outraged, then a fast and effective redressal system must be in place. By saving its workforce from sexual harassment at workplace, the organizations will be able to safeguard their reputation in the market.</p>
<p>The post <a rel="nofollow" href="https://muds.co.in/posh-act-2013-sexual-harassment-women-workplace/">India&#8217;s POSH Act 2013: Sexual Harassment of Women at Workplace</a> appeared first on <a rel="nofollow" href="https://muds.co.in">MUDS</a>.</p>
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