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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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. 

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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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A common misunderstanding among people unaware of the various forms of sexual harassment of women at the workplace is not considering some acts of workplace bullying as sexually malignant. There are forms of workplace bullying that are intended to malign the character of a woman and thus comes under the consideration of the PoSH Act (Prevention of sexual harassment Act).

Workplace bullying has unfortunately become a common phenomenon among many corporates across the world. Humans tend to attach too many emotions to their career and thus everything happening in their corporates lives affect their behaviors. This could drive feelings of jealousy towards a relatively successful colleague or feelings of superiority or inferiority complex among employees depending upon the success in their career. All these complex emotions lead to employees competing with each other and lead to workplace politics with discrimination/bullying. This includes mocking, intimidating, or spreading malicious rumors against a fellow employee for character assassination.

In many cases, this happens to women in the workplace in form of shrewd remarks made by their colleagues or fake rumors about her having a relationship with her superior to gain momentum in her career. All these things tend to give women unnecessary stress and judgment despite them working hard to achieve success. Let’s understand this with a fictional scenario based in a corporate.

Suppose there is a group of men and women working in the software development team of some organization ABC. The team has a male manager who handles and allocates daily tasks for the team and keeps a record of the performance of every employee for annual appraisal. After a year, the manager promotes a female colleague due to her exceptional performance throughout the year. Now, if any other female/male colleague out of respite or jealousy starts spreading a rumor about the promoted woman having an affair with the male manager for the sake of promotion, then it will not only disparage the promoted woman’s hard work and reputation but also demeans the company’s management. This scenario will, of course, make the working environment hostile for the woman due to the rumor-mongering. This rumor-mongering may also lead to mocking behaviors towards that woman which could lead to stress and humiliation for her. 

The above example shows that there is a thin line between common back bitching/rumor-mongering and sexual harassment. Understanding the difference between the two is necessary to ensure that workplace bullying leading to sexual harassment of a victim is not tolerated in the workplace. To understand this an employee must be aware of the differences between mocking or intimidating behavior at the workplace and sexual harassment. The employees must also be aware of what constitutes workplace bullying and are there any options available to them for tackling workplace bullying legally. Let’s try to understand workplace bullying and sexual harassment separately and then understand how they could be related sometimes. This will help employees understand the type of actions they can take to ensure a stress-free working environment for them in the company.

Sexual Harassment of Women At Workplace

Sexual harassment of women at the workplace is a pan India problem. It is present in almost every workplace in some form or another. Not only in India, but the cases of sexual harassment of women are also a major issue in developing countries. This is mainly because women are mostly considered the most vulnerable section of humanity. To change this mindset of discrimination against women and prevent sexual harassment, the Indian government bought PoSH Act 2013. It consisted of strict norms to tackle the issue of workplace harassment and ensure the safety of women in the workplace. It defined what kind of behaviors comes under the scanner of sexual harassment to make both the victims and legal entities aware of what is sexual harassment and the necessary measures to deal with it.

Sexual harassment of women at workplace act includes unwelcome sexual advances, unwanted behavior, verbal or physical misconduct consisting of sexual behavior or remarks. Under section 2(n) of the PoSH Act,

“Sexual harassment includes unwanted sexually charged behavior like:

1. A demand or request for sexual favors;
2. Physical contact and advances;
3. Showing pornography;
4. Sexually colored remarks;
5. Any other physical, verbal or non-verbal conduct that is sexually colored and unwelcomed by the victim.

Sexual harassment of women at the workplace can be easily summed up as gender-based discrimination in the working environment that violates the basic fundamental rights of women conferred by the constitution of India under Articles 14, 15, and 21. Of course, this leads to growth impediments and stressful environments for women in an increasingly competitive scenario where they constantly need to prove their worth compared to men. Health and safety issues or reasonable apprehension humiliation in the working environment is also understood as sexual harassment.  For example, if any gesture of a co-worker created and venomous sexual environment for a female companion then it will be categorized in the workplace sexual harassment.

The scenario of Sexual harassment and PoSH act in India

Bullying is unwanted, unreasonable, and repeated aggressive behavior against any individual due to respite or jealousy. This includes the use of mockery, physical or verbal threat, or dominating behavior to display power over others. The harm of bullying is considered more psychological than physical and has a long-term impact on the mental health of an individual. Now, this coincides with the acts of workplace sexual harassment when the remarks intended for mockery are sexual then they can be punished under the PoSH act. However, not all the acts of workplace bullying are covered under this Act and thus, victims have to understand other legal methods to tackle it.

In our country, where there have been apprehensions among families about their women working outside, most of the cases of sexual misconduct go unreported as women feel that if they report such cases their families won’t allow them to work due to safety concerns. Also, the social stigma and victim-blaming that is prevalent in India lead to women keeping quiet on such cases to avoid facing social humiliation. The landmark case of Vishakah vs the state of Rajasthan changed the situation in India as it was the court’s judgment, in this case, served as the benchmark to define workplace sexual harassment till the PoSH Act was enacted. The Vishakha Guidelines to deal with sexual harassment cases were used extensively by Indian employers till the time the PoSH act came into being.

Understanding Workplace bullying and its Situation in India

Bullying is mostly observed in colleges and schools. In the workplace, the form of bullying is more subtle and involves psychological intimidation through a position on the corporate ladder or prowess at the work. Unwanted criticism, misuse of authority, unnecessary exclusion of an individual, insulting or using foul remarks/rumors to malign someone’s character on their back are the different ways a person can be bullied in the workplace. Here, the bully generally doesn’t realize that they are bullying someone or what effect their behavior is putting on someone’s psychology. And this is why giving proper behavioral training to employees and making them aware of the consequences of workplace bullying could tend to this problem effectively.

Situation in India to tackle Workplace Bullying

In our country, there are no specific laws to punish individuals committing workplace bullying. It is seen as more of a social stigma rather than a criminal offense. However, various issues that come under bullying can be tackled by different sections of the IPC (Indian Penal Code). Like Section 323 – voluntarily causing hurt, Section 340- Wrongful confinement, Section 339 – Wrongful restraint, and section 506- criminal intimidation punishment, can be used to tackle workplace bullying. Because bullying is generally non-sexual and the harassment is more based on religion, age, power dynamics, or jealousy, it can’t be punished under the PoSH act. Although spreading rumors about someone having a sexual affair or disparaging someone’s character based on sexual nature comes directly under the PoSH act and can be punished under it.

What Deterrents Corporate Organisations Need to Apply

1.  Spread Awareness about forms of Workplace Bullying: Most of the time the complainants are not aware of the PoSH laws and the implications of any unwanted behavior that could lead to PoSH complaints. This is where the tool of awareness can come in handy. Employers must create awareness amongst their employees regarding internal complaints committee guidelines, the consequences of bullying an employee through sexually colored remarks, rumors or mockery.  Employees should be properly trained regarding the difference between bullying and acts that fall under the framework of the PoSH act. 

2. PoSH Training Sessions for ICC Members: The POSH Act read with applicable rules clearly specify that the employer must ensure and make provisions for conducting orientation programs and seminars for the members of the ICC. Organizing capacity-building and skill-building programs for the members of the ICC will ensure that there is a well-trained and skilled committee of members in place who are well informed about the subject matter. A well-trained and skilled internal complaints committee shall be able to adjudicate the complaints more efficiently and shall be able to decide on the complaints effectively after considering and analyzing the situation and the facts along with pieces of evidence placed before them. There is no doubt that dealing with workplace sexual harassment complaints is often complex, that is the reason, the POSH Act, itself acknowledges the importance of having a committee in place which possesses critical skills/capacity to effectively carry out their roles.

3.  Use Informal Communication Methods to Resolve Conflicts: Many a time there is a misunderstanding between the parties, and the intent of the accused gets misconstrued differently to the complainant. To prevent such situations, the POSH Act mandatorily requires the ICC to explore the possibility of conciliation between the parties before initiating an inquiry and at the request of the aggrieved woman take steps to settle the matter between her and the respondent through conciliation, provided the basis for such proceedings are not a monetary settlement.

4. Ensure That the Deterrents Send the Right Massage: Setting a deterrent for false complaints does not imply that the organization is unwilling to take any issue of sexual harassment. Any employee facing sexual harassment should not feel apprehensive of filing complaints because of the deterrent as it will nullify the basic essence of the PoSH Act.

Employees must be encouraged to bring into notice anything undesirable or uncomfortable for them. Employers should have access to all the effective measures that can be taken against sexual harassment and workplace bullying.

Workplace bullying does violate the right of an employee to work with the dignity that has been given by Article 21 of the constitution of India. Furthermore, articles 42 and 43 direct the states to provide healthy and humane working conditions for an employee to work in. This is also part of the PosH Act that seeks to ensure a safe working environment for women in India. Any employee must understand that in our country workplace sexual harassment is a legal offense but there are no such laws yet for workplace bullying. Thus, an individual must understand sexual harassment law to understand what kind of bullying acts comes under the framework of the PoSH act.  This is where taking legal help becomes necessary and PoSH training plays a big role in it. Taking the help of a legal firm, in these cases, would be the ideal way as they understand the various forms of the acts. The professional could make all employees aware of the differences between bullying and sexual harassment. This will help in reducing cases of workplace bullying and sexual harassment and ensure a safe and happy working environment for the employees.

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