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:

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Sexual Harassment of women/girls at the workplace has been alive for several years, right from the time women were emancipated and stepped out of the safety of their homes and tried to figure alongside men. This wasn’t easily accepted by the males who thought these women were available and free with their favors which they really thought belonged within the four walls of their homes and within the kitchen. The role of girls was essentially considered to be that of a procreator and homemaker. There was a change within the attitude of girls but no such change within the men. At the workplace, there have been no rules or guidelines specified on what constituted harassment and what the ladies could do about it. If a lady was harassed at the workplace, her course of redressal was to lodge a complaint under Section 354of the Indian legal code 1860, which addressed criminal assault of girls to outrage a woman’s modesty, and section 509 that punishes a private for using words, gestures or act intended to insult the modesty of any woman. However, the ladies were hesitant to require such a drastic step because it could backfire on them and that they could lose their jobs and reputation, ours being a male-dominated society.

Vishaka v/s. State of Rajasthan

During the 1990’s Rajasthan government employee, a Dalit woman Bhanwari Devi who tried to stop child marriage, which was a requirement as a part of her job performing on the Women’s Development Program, was gang-raped by the landlords of the Gujjar Community. These landlords were enraged and to show her a lesson that they had raped her. As consistent with them she came from a coffee community and that they were the feudal patriarchs and she or he had no right to try to do anything or speak up against them. The victim Bhanwari Devi didn’t get justice and therefore the landlords went scot-free. A woman’s rights group called Vishaka was enraged by the choice of the court and that they filed a PIL within the Supreme Court of India. This incident revealed and brought the hazards and evils faced by women at the workplace on each day to day basis to the Supreme Courts’ notice.

In 1997, the Supreme Court passed the landmark judgment within the above case and laid down guidelines to be implemented in cases of harassment at the Workplace, which were referred to as the “Vishaka Guidelines”. The Court felt that this was necessary to uphold the rights and dignity of girls and for gender equality and therefore the right to figure with dignity under Articles 14, 15, 19 (1)(G) and 21 of the Constitution and safeguard the interests of girls at the workplace.

These Guidelines for the primary time defined the precise meaning of harassment and what acts constituted harassment. It specified the procedure for the victim and therefore the respondents, the punishment or penalty and therefore the employer’s obligation towards the cause, prevention and redressal.

POSH Act

However, there have been many lacunas within the guidelines. Many employees weren’t included within the employee list and the workplace wasn’t clearly defined. There was ambiguity and lots of organizations didn’t follow the Vishaka guidelines. Considering the importance of girls at the workplace and therefore the effects of harassment, India’s first legislation “Prevention of harassment of girls at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted. (POSH). it had been enacted under the Ministry of girls and Child Development. Harassment created not only an insecure and hostile environment but also affected the woman’s performance at work. It also affected their social and economic process and put them through tons of physical, emotional, and psychological stress. This Act was more specific than the Vishaka Guidelines and stated the precise meaning of harassment, employee, workplace, the role and responsibility of the Employer, the interior Complaints Committee, complaint processes and procedures, penalties and redressal, actions for preventing such cases by holding training and workshops. it had been mandatory for all organizations with 10 or more employees to line up an indoor Complaints Committee. An action might be taken just in case of noncompliance.

Despite the Act being passed, there have been still many cases of harassment and unfortunately, an outsized percentage of these went unreported. Despite the advances in society, many ladies weren’t reporting such cases-

• They weren’t beyond what constituted harassment because the employer wasn’t taking this seriously and there have been no training and updates on exact meanings.
• Even during this day and age, women weren’t confident enough to complain about these issues especially just in case where the harasser was the Boss himself or fairly often a senior, out of fear of losing their job and reputation
• The employers had not formed the interior Complaints Committee or the workers weren’t updated and not conscious of whom to complain to or of the complaint and redressal procedures.

Most companies ensured compliance but overlooked the spirit of the law. The processes were in situ, ICC was found out and training was imparted. However, there was no shift within the attitude of the stakeholders. This caused the #Me Too movement, which had a greater impact than the Act itself. It made the organizations stay up and act to avoid reputational risks and loss in branding.

#METOO Movement

In 2006, Civil rights activist Tarana Burke used the phrase ‘” ME TOO” to boost awareness on the existence of harassment. She wanted to spread the message to the lady survivors that “You’ve been heard and understood”. However, in 2017 actress Alyssa Milano helped start the present phase of the movement to stress the “magnitude of the problem”. It became a grassroots campaign for ladies of color who experienced sexual assault.

In India, the movement was started in 2018. This on social media became a shout, a semaphore, as all women shared their experiences of being harassed by male coworkers, supervisors, or people they met within the course of their work. the most important advantage of it’s been to bring the difficulty to the fore. it’s not a problem to be discussed in hushed tones. because it is claimed, “what wasn’t heard wasn’t seen”. it’s most vital to voice something, be heard, and only then can it get redressed. Now because of the Me Too era, organizations haven’t any choice but to take a seat up and listen and take quick action. Because if they don’t, there’s a public platform for ladies to make sure they’re heard.

The question is – What actually changed after this Me Too movement. What has been its impact on the luxury Act which was already alive since 2013?

This movement was basically to boost awareness of the prevalence and effect of harassment despite all the laws being in situ. it had been a movement to make a change and end harassment. It provided courage and support to survivors. Many powerful men lost their jobs THOUGH it had been not really about getting men fired.

#Me Too got the organizations awakening to dust the harassment policies out of their bottom drawers and refocusing on training.

The silence was shattered. The movement marked the start of a cry against harassment. All those that finally spoke outdid to urge justice or be heard or in solidarity with other women. It saw women beginning of the closet and emboldened. many ladies have taken the brunt of the patriarchal male behavior for too long where they were considered as playthings and sometimes senior males at that. It made women wary of complaining despite the complaint processes being in situ.

Changes that Have Taken Place as a Results of #Me Too-

• MeToo increased awareness about the prevalence of harassment at work and redress measures available.
• Me Too movement stirred companies into action. There was alertness across corporate India. It jolted them out of their passiveness.
• All companies took note to suits the luxury Act which makes it mandatory for companies with quite 10 employees to line up an indoor Complaint Committee which had not been taken seriously earlier or totally ignored.
• There was renewed specialization in doing sessions with women, getting their feedback on the office situation. Giving training on aspects of harassment and getting feedbacks on any complaints and reassuring them of support.
• Many Companies now feared negative publicity and undertook due diligence of all senior person profiles and encouraged self-reporting.
• This saw a rise in complaints by almost 14-15% in 2018 -2019, because of the movement and increase in support by organizations fearing reputational risks. The NCW saw an increase in complaints from 570 in 2017 to 965 in 2018.
• Organizations realized that if the ladies didn’t get an opportunity or option to complain, they’ll speak call in public, on social media, or attend the police.
• Women were feeling empowered. Companies started doing more and more and ladies employees became more confident.
• Many companies have gone beyond the legal requirements and put gender-neutral policies in situ.
• The new employees also who were normally the targets are emboldened by this movement and upfront asked about the ICC and complaint procedures.
• Earlier various service-oriented industries like advertising, travel, hospitality, even cinema where they were very complacent about the liberal attitude and a few actions and gestures were considered normal saw an attitudinal change.

• It has caused fear within the minds of perpetrators, who will consider before doing something.
• It motivated organizations to unravel harassment issues.
• Many skeletons are beginning of the cabinet, all this is often being taken seriously by ICC and victims are becoming a justice.
• Even the lower-level employees are feeling empowered. Several states have passed laws prohibiting nondisclosure agreements.
• In many counties, more workers have are available in the ambit of “employees”. Many domestic and farmworkers are included.
• Some states have expanded their law to hide independent contractors.

For many, it’s expensive to cause a suit, the employers are providing all assistance to the victims to finish the complaint procedures and if need be to file FIR. Some organizations have found out legal funds to help such victims. YES, the #ME TOO movement has definitely impacted the implementation of the luxury ACT. But why should we await such movements to accelerate the subsequent of laws which are our rights within the first place? we’d like to seek out ways to finish such abuse and uphold the dignity of the ladies.

An excellent thanks to ensure fairness to women and gender equality is to possess more women within the organization at various levels. More the ladies, more will their voice gather strength which can cause strong social policy. The movement of the crowd always prevails. it’s up to us how we stand tall and move forward.

There are numerous associations that help people fighting inappropriate behavior at the workplace by giving them a medium to retaliate using workshops and awareness modules. Yet, the essential point here is, are those workshops or preparing really leaving an impact on the disposition of representatives? Do the workshop modules depict the truth of Sexual Harassment? There are rare kinds of people that aren’t kidding about really making the work environments safer for ladies representatives.

Repercussions for Not Complying with the PoSH Act

The PoSH Act takes a firm stand against non-compliance with its provisions. If an employer fails to either constitute an indoor Committee or discharge any of the opposite duties placed upon them under the act, they shall be punished with a fine which can reach fifty thousand rupees (Rs. 50,000). In the event an employer contravenes the provisions of the PoSH Act a second, they’ll be either fined twice the quantity because of the fine for the primary contravention or face cancellation of their license, permit or registration for carrying on their business or activity.

Who is Included for Benefits under the Act?

The PoSH Act protects women within the workplace from harassment. All women employees no matter whether:

• Who are employed regularly, temporary, unplanned or daily wage basis
• Who are employed directly or through an agent or a contractor.
• Who are employed with or, without the knowledge of the principal employer.
• Who are employed for remuneration or on a voluntary basis.

The above-mentioned are protected under the PoSH Act. The PoSH Act also applies to women contract workers, probationers, trainees, apprentices, and interns.

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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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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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Do you think all cases of sexual harassment of women at the workplace are true?

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 equality in the workplace. We will also understand the right to equality given by our constitution.

Every Indian citizen has been imparted right to equality under the constitution that protects the citizens from discrimination and issues related to gender inequality in society. However, even this right could not stop the practice of gender-based discrimination in the workplace as women were always subjected to some or other form of discriminatory practices. Sexual harassment of women in the workplace was another major issue which stopped women from joining the workforce of the country. To protect women from the harassment and unfair treatment at work, PoSH Act, 2013 (Prevention of Sexual Harassment Act) was introduced. Let us understand how it worked to empower women to realise their right to equality and bring the focus on gender equality’s importance and discussion on gender equality in the workplace.

Impact of PoSH Act on Gender Equality in the Workplace

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 organisation’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 the society.

The constant increase in the malicious PoSH complaint has led some thinkers to believe that in some PoSH act has failed to serve the purpose of building a society free 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.

However, most of the experts of the PoSH Act still believe that it is an important law to ensure a safe work environment for women. Although provisions for dealing with false cases should be made stricter, it will 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 the society.

#MeToo and #HimToo Movement: Discussion on Right to Equality

#MeToo movement was started in 2017 in Hollywood and by the end of 2018, it gained immense momentum in India. It was a movement where working women were naming and shaming the sexual offenders they had faced in their life on social media. Most of the stories were true, and many offenders (generally high-profile men) did apologise for their behaviour in the public domain. But, like the PoSH act, this movement also gave rise to many false claims coming out on social media just for the sake of personal vendetta against the prominent personality or to gain popularity. The result, movements like #HimToo and #MenToo started running on social media to counter the #MeToo movement and false cases of sexual harassment. The rising fear among men due to these movements and PoSH compliance guidelines had again started the discussion on gender equality’s importance, the right to equality in our constitution, and gender equality in the workplace.

A General bias Against Men and the Shame Culture

The discussion of gender equalities’ importance and right to equality brought into light the society’s bias. The society’s bias against the male in such cases was prominent and somehow even the internal complaints committees of the organisations 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.”

The social judgement and the name & shame culture has continued its 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 that PoSH act and #MeToo movements have bought justice to women who have been wronged but unfortunately, they also led to many false complaints and revelations. Thus, what was supposed to decrease the gender inequality in our society and ensure the right to equality to every citizen has instead increased the gap and trust between the genders. Women are still afraid to speak up due to the fear of judgment from the society and men are afraid of false cases of sexual harassment against them that could label them as a sexual offender.

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 judgement 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 and investigation system so that no women should shy away from filing a complaint if she feels violated. Also, the approach of the investigating team should be non-prejudiced, and they should handle the investigation in a gender-neutral manner to ensure that neither the complainant nor the accused feel any injustice. The organisations should organise PoSH training and PoSH compliance sessions for employees and members of the internal complaints committee. The communication among employees to facilitate gender equality in the workplace should be encouraged so that every employee understands gender equality’s importance and the right to equality.

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Do you think sexual harassment of women at the workplace is committed by men only?

There are numerous cases in India which are examples of how women feel harassed at the workplace due to certain behaviour or verbal abuse by fellow women. 

Whenever our legal advisors go for training employees of various corporates about Prevention of Sexual Harassment Act (PoSH), a common query among women employees is whether only sexual harassment by men is covered in PoSH Act, 2013 or it covers harassment by female colleagues too. 

Let us understand this Sexual harassment at workplace by their female colleagues and understand the provisions PoSH law has for these offences. 

Is Sexual Harassment of Women at Workplace by Other Females a Myth?

However surprising it sounds, but many people working in corporates refuse to believe that the female-to-female form of sexual harassment of women at workplace exists. What starts like a playful jibe or an insulting comment on some colleagues could result in the filing of a complaint of sexual harassment. It could also be in the form of direct touch passed off as innocent bruising by female colleagues. There are other direct ways where women can feel violated by some women at their workplace. Therefore, it becomes necessary that the female workforce should be aware of the provisions in the PoSH act regarding direct or indirect sexual harassment between women.

Here is what Miya Yamanouchi said in her book “Embrace Your Sexual Self: A Practical Guide for Women”:

“Self-respect by definition is confidence and pride in knowing that your behaviour is both honourable and dignified. When you harass or vilify someone, you not only disrespect them but yourself also. Street harassment, sexual violence, sexual harassment, gender-based violence, and racism, are all acts committed by a person who in fact has no self-respect.

-Respect yourself by respecting others.”

The above quote is not specific to men. The thing that you should respect people’s dignity and self-worth to allow them to feel safe at work go well for both genders. Although most of the unwelcome physical advances from a female colleague could be generally interpreted as an act of friendliness, it will be healthier for the workplace if women reported such acts if it makes them feel violated by any means. 

When more women will bring the issue of women committing sexual harassment against other women into the light, the myth that sexual harassment of women at workplace is only committed by men will be busted.

Differentiation between Direct and Indirect Harassment

Female to female workplace harassment is underlined by the same standards set for male to female sexual harassment. We have broadly categorized Sexual harassment of women at workplace in two categories: Direct Harassment and Indirect Harassment

Direct Sexual Harassment of Any Female by a Female

We can simply say that direct sexual harassment can mean making sexual advances, inappropriate touch, using sexual gestures, showing explicit content, and making sexually charged remarks to a female colleague that could lead to them feeling violated. If any of these things are done directly to any employee, then it is liable to implicated in the harassment at workplace act India. It is advisable that if any woman feels that she has faced these things from her female colleagues and wants any legal clarification on what she can do to counter Posh at work or what are her rights under the PoSH Act, then she can contact our legal team.

Indirect Sexual Harassment of Women at Workplace

This form of sexual harassment of women in workplace is quite common as it involves the office politics and power game of the corporates comes into the picture. Take this as an example. 

There are four women working in the software development team of some organisation 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 colleague out of respite or jealousy starts spreading a rumour 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 rumour mongering. 

Although the above scenario is hypothetical it is quite true in many corporates and becomes an easy tool for humiliating any woman who has worked hard throughout the year and got a well-deserved promotion. This part of office politics is quite common in India and is the reason for a lot of women leaving organisations due to the hostile working environment.

The scenario sometimes works in the opposite way as well. If the promoted woman starts using her senior position to harass a subordinate female employee or spread false rumours about her which are sexually demeaning, then this also comes in scrutiny for sexual harassment of woman in workplace under the PoSH Act. On similar case was noticed in the case of the corporate THINX.

“In 2017, the CEO of the THINX, Miki Agrawal has to resign from her post due to allegations of harassment and inappropriate behaviour from her towards her subordinates. She was accused of inappropriately touching her female employees, showed them her nude pictures, made snide comments about the body of female subordinates. The row led to many female employees quitting the organisation suddenly raising questions about female to female workplace harassment”.

The above case is from a corporate located in the US, but similar examples can be found in corporate workplaces around the world. Even in India, harassment is used as a tool to gain revenge over someone or to score power points in office politics. The prevalence of politics in such matters leads to the creation of a hostile working environment at the workplace. 

Why Female to Female Sexual Harassment Is Less Talked About?

The confusion about what leads to female sexual harassment in society exposes the assumptions we have made about female friendships, the power dynamics of modern corporates, and appropriate work behaviour. First, we must be clear that female-to-female workplace harassment does exist and the PoSH law has provisions to prevent it. 

The abundance of Male to Female Cases

The fact that there are different types of sexual harassment at the workplace is often neglected due to the abundance of male-to-female sexual harassment cases. The staggering numbers of male-to-female harassments undermine the importance of talking about other forms of sexual harassment at the work. Sadly, due to the large scale of male to female sexual harassment cases, people and society tend to take the female to female and female to the male forms of sexual harassment for granted. 

Lack of Case studies on Female to Female Cases of Harassment

Another possible reason why we do not know or hear much about female-to-female workplace harassment or other forms of sexual harassment of women at work is because of how we study the workplace sexual harassment generally. A lot of open cases and case studies are available to decode sexual harassment of women at workplace by men. Therefore, the number of discussions on this topic in day-to-day life is also huge. This has led to increased awareness among the general population about sexual harassment of women at workplace by men. But, what about other cases of harassment? 

The authors of the famous book “Sexual Victimization: Then and Now” point out that “there are no well-validated instruments specifically designed to measure women’s experiences of female on female harassment”

Lack of validated instruments to create stats for the female to female workplace harassment and lower case studies available for it are a few reasons for lower awareness. However, we must understand what role does power game plays in such cases? According to Teresa Fitzsimmons, director of workplace dynamics at Lausanne Business Solutions quoted: 

“Sexual harassment, while sexual, is less about sex and more about power. Sexual harassment is a signal of an individual having a lack of respect for another. It can signal that there are deeper interpersonal issues at play. The bottom line is that sexual harassment evolves out of disrespect and asymmetric power.”

The Queen Bee Syndrome

Another way of learning the role of power dynamics in understanding female to female sexual harassment is what termed by people as the “Queen Bee Syndrome.” This concept states that “professionally women who tend to bully their subordinates or try to sabotage the careers of other women at their same level is because they feel threatened by them.  They do this to maintain their superiority over others by spreading rumours about them or undermining their efforts.” And in the opinion of some people, this is termed as the probable reason for many cases of indirect female-to-female cases of sexual harassment. However, the Queen Bee Theory has been widely regarded as sexist, and as it is inconclusive that this theory can be applied to every workplace or scenario around the world. 

Society’s Understanding of Roots of harassment

There is a common myth in society that all the cases of sexual harassment are rooted within the sexual desires of the perpetrator. Therefore, it is believed that same-sex harassment cases are related to the homosexuality of the accused. But this is partially true as sometimes all these sexual advances, requests for sexual favours, or sexual rumour mongering are aimed at interfering with the work performance of the victim by creating a hostile work environment. The indirect form of a female to female sexual harassment works in the same way as it is aimed at humiliating the female employee by character assassination. In the cases of female to female sexual harassment, our understanding of female homosociality is at fault too. Often, we tend to associate aggressive, sexually questionable, and boundary-crossing behaviour with men only. This thought process prevents us from believing that even females can be harassers. The result is a lack of focus on reducing female to female or female to male workplace harassment. 

Poor Workplace Boundaries

Poor workplace boundaries with your colleagues or seniors could also be the reason for less acknowledgement of female-to-female sexual harassment cases. Most of the time, the behaviour that can make a woman feel uncomfortable, or seem like crossing boundaries is masqueraded as being “friendly”. The women are so told to normalize the uncomforting behaviour of any other female as being friendly and innocent. However, the women should know that if by any chance these behaviours seem alarming or discomforting then the ideal way to go about it is by taking appropriate action against the harasser. Do not let them get away with it easily as that will only aggravate their offensive behaviours. 

Actions You Can Take When Harassed by a Female Colleague

The crux of the issue is inappropriate behaviour or harassment of any kind motivated by jealousy or a threat to position in corporate structure ends up only harming the employees and hence should be controlled by taking appropriate actions. If reading the above instances and quotes have made you rethink the behaviour of your colleague. And if that behaviour seems offensive to you or makes you feel unsafe, then we would advise you to address the situation without any further delay. 

• You can complain about sexual misconduct to the internal complaints committee of your organisation. The Constitution of an internal complaints committee is mandatory for organisations with more than 10 members.  
• It is advisable to file the complaint or speak up the first time such an instance happened.  This could be really difficult as there are chances of some misunderstanding, in that case, talk to the person clearly to let them know how you felt. If their behaviour continues the same way, then it is better to file a complaint about your peace of mind.
• Do not feel embarrassed before filing the complaint as the PoSH acts state that the investigation will be conducted while maintaining the confidentiality of the complainant and so, you do not need to worry about what people have to as it is a matter of your dignity.
• Keep calm and cooperate with the internal complaints committee that handles cases of sexual harassment of women at workplace. You will get full support from them and they must ensure a safe working environment for you immediately. 
• Do not refrain from taking any legal help if you feel your case is not being investigated properly or the investigating team is acting with a certain bias towards the accused. If you do not have any knowledge about your rights imparted by PoSH law or how to file complaints, etc then, you must consult a suitable legal adviser for help. Going with your legal team to show your side of the story is favourable these days as even courts are stricter on the PoSH complaints.
• Recollect all the details about the alleged incident and give names of all witnesses to the investigating team to tell your side of the story. 
• Ensure that your side of the story is clearly heard by the internal complaints committee and all the norms of natural justice are followed by the complaints committee during investigation and hearing. 
• Here are some of the common lines you can use to communicate your side of the story in a lucid manner for clearing any misunderstanding or misinterpretation of behaviour. 

“When I worry about my safety all my energy, I’m focused on protecting myself versus doing the job I need to do.”

“When I am uncomfortable then I can’t concentrate.”

“Whenever you make a joke like that, it makes me feel really uncomfortable.”

“When you make those kinds of advances, then I worry about my safety.”

Responsibility of Employers

1. Take Disciplinary Action

If the misconduct by any female or male employee against a female is covered under disciplinary actions suggested in the relevant service rules, then appropriate disciplinary action should be initiated against the employees by the organisation following the rules.

2. Make a Smooth Complaint Redressal System 

It doesn’t matter if the complaint of misconduct against an employee constitutes a breach of the service rules or an offence under the law, an appropriate complaint mechanism should be created in the organization for timely redressal of all the sexual harassment complaints made by the victims. The complaint mechanism should also ensure the time-bound completion of the investigation and resolution of complaints. The complaint mechanism should maintain the confidentiality of the parties involved, provide norms to set up a complaints committee, and support the victim. 

3. Creating an Internal Complaints Committee

According to Provisions of the PoSH act, the internal complaints committee should be headed by a woman working at the senior level and not less than half the members should be women. To prevent the possibility of any outside influence from management or senior-level officials of the organisation, the ICC should also involve a third-party member, preferably from an NGO or any other such organisation working towards the prevention of sexual harassment of women in the workplace. 

The company must prepare an annual compliance report of PoSH complaints handled by the internal complaints committee throughout the year.  The report indicating actions taken by the complaints committee should be sent to the concerned government department annually. 

4. Conducting Criminal Proceedings if Necessary

If any of the misconduct from the perpetrator is an offence under the IPC or any other law, then the company must act on it according to the current system of law. The employer needs to file a complaint with the related government authority to address the issue. The employer needs to ensure that the victim is not discriminated or victimized while handling such complaints.

5. Organising Awareness Drives for Employees

The employer should create awareness among the workforce regarding the PoSH act by supplying them with detailed behaviour guidelines and information about the rights mandated by the law. The employer should organize regular awareness drives for their employees to train them about various rules and regulations of the PoSH Act. The drives should involve a trained and experienced legal team that can clear all the myths of female employees regarding the PoSH law and make them understand their rights. 

6. Give Healthy Work Environment to Employees

Maintenance of an appropriate work environment is necessary for the employer to create a harmonious workplace.  Promoting values like respecting a colleague, or being aware of the kind of language and tone to be used in the premises of the company should be a priority. The companies should also train their employees to avoid any misinterpretations or filing any false complaints.

How We Can Help?

We at Muds Management Consultancy Firm are a team of experts who specialise in the PoSH Act. Our team of experts can help you in dealing with any act of sexual misconduct or inappropriate behaviour from any of your colleagues or your senior. We will help you in the whole process of filing the PoSH complaint and other legalities of the concerned matter. Muds provide complete legal support to clients and ensure that they get to work again with same sense of dignity.  

We also work with corporates to create awareness among their workforce about PoSH Act 2013 via Offline and Online Training. We also help corporates in the management of sexual harassment policies like 

• Training of the members of their internal complaints committee
• Assistance in preparing statutory records and filings
• Creating a Healthy and harassment-free environment to Work
• E-learning modules for PoSH training cover all aspects of the Act in a lucid manner for all employees to understand. 

At MUDS, we also offer services like Conciliation, Mediation services, Counselling, and assistance services to female employees in cases of sexual harassment at work. You can contact our legal experts on +91 9599672352 to get a free consultation about PoSH compliance or any legal help with complaints or cases. 

The post How Female to Female Politics in Corporates Leads to Sexual Harassment of Women at Workplace? appeared first on MUDS.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) came into force on December 9, 2013, and is framed to provide protection to women at the workplace against sexual harassment. The Act further lays down rules for the prevention and redressal of sexual harassment complaints by female workers.  

This article sets out a brief framework of the POSH Act and the rules framed thereunder.  

Every organization, public or private, having more than 10 employees, should be committed to provide a safe and congenial work environment to its employees and ensure that they are not subject to any form of sexual harassment.

Further, every entity should endeavor to create a safe and secure working environment for all persons employed or engaged by them. Every employee should enjoy a working environment that is free from all forms of harassment, including sexual harassment, unlawful discrimination, and intimidation.

While the POSH Act has been enacted for the protection of female employees from sexual harassment at the workplace, most of the entities in India have extended policies of sexual harassment to their male employees as well to be gender-neutral. 

Foundation of the Act

The POSH Act has been developed on and around these three foundations:

#1. Sexual harassment at workplaces violates fundamental rights of gender equality and right to life and liberty and the right to work with human dignity guaranteed under the Articles 14, 15, and 21 of the Constitution of India.

#2. In addition, failing to protect women against sexual harassment and not able to save their right to work with dignity went against the universally recognized human rights by international conventions and instruments such as the Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on June 25, 1993, by the Government of India. Thus, the POSH Act is an attempt to overcome these shortfalls.

#3. POSH Act is an extension of Vishakha Guidelines, 1997, introduced by the Supreme Court which had laid down guidelines for dealing with sexual harassment at workplace, pending formal legislation.

Definitions

Under the POSH Act, “sexual harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication):

(i) If a woman worker suffers physical contact and advances;

(ii) If a demand or request for sexual favors is made on her;

(iii) If sexually colored remarks are directed towards her;

(iv) If she is shown pornography; or 

(v) If she faces any other unwelcome physical, verbal or non-verbal conduct of sexual nature. 

This is not an exhaustive list as the women harassment Act i.e. POSH Act covers a wide-ranging definition of sexual harassment and therefore, in addition to these there are several more circumstances and behavior which account as ‘sexual harassment.

 (i) If a female worker faces implied or explicit promise of preferential treatment in her employment; or

(ii) If she receives implied or direct threat of adverse treatment in her employment; or

(iii) If she sees implied or obvious threat about her present or future employment status; or

(iv) If there is an undue interference with her work or circumstances designed to create an intimidating or offensive or hostile work environment for her; or

(v) If she is meted out the humiliating treatment which is likely to affect her health, mental or physical, and/or her safety.

Further, under the POSH Act, the scope of workplace includes any and all units, branches, offices, establishments of any organization, and any place visited by an employee during the course of employment including the transportation provided by such entity for undertaking such journey. 

Internal Complaints Committee

As per the POSH Act, an employer has 10 workers or more are required to set up an internal complaints committee for the redressal of ‘sexual harassment’ complaints at such entity and to regulate and administer complaints on sexual harassment. An Internal Complaints Committee is required to be constituted which shall submit an annual report to its employer and District Officer. 

In the event an entity does not constitute an Internal Complaints Committee due to having less than 10 workers, every District Officer is required to constitute in the district concerned, a committee to be known as the ‘Local Committee’ to receive complaints of sexual harassment from such organizations. In addition, they also take up cases of sexual harassment where the complaint is against the employer himself and domestic workers. 

• Constitution

The Internal Complaints Committee (ICC) should have a minimum of four members as mentioned under:

(i) The Presiding Officer – who should be a woman employed at a senior level at the workplace;

(ii) Two Internal Members- who should be employees from the workplace who are committed to the case of women or who have had experience in social work or have legal understanding; and 

(iii) One External Member– who is acquainted with the issues relating to sexual harassment and should be from a non-governmental organization or an association committed to the cause of women or a person.

The Local Complaints Committee should have the following members nominated by the District Officer:

(i) The Presiding Officer/ Chairperson – nominated from amongst the eminent women in the field of social work and committed to the cause of women;

(ii) Two Members – nominated from amongst NGOs/ association/ persons committed to the cause of women or familiar with the issues relating to sexual harassment, provided that: (a) at least one must be women, and (b) at least one must have a background of law or legal knowledge;

(iii) One member – nominated from amongst the women working in the block, talk or tehsil or ward or municipality in the district; 

(iv) Ex officio member – the concerned officer dealing with social welfare or women and child development in the district. 

All committees constituted under the POSH Act 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 years from the date of their appointment. 

The list of members and their contact details should be published and displayed at the workplace as well as on the website of the company (if any). It is advisable to display such a list at a prominent place in the workplace.

• Redressal Process

(i) A complaint of sexual harassment may be lodged by any aggrieved female to the Internal Complaints Committee in writing within three months of the occurrence of the incident and in case of a series of incidents, within three months of the occurrence of the last incident.

The said time limit may be extended by a maximum period of three months with reasons to be recorded in writing by the complaints committee if it is satisfied that there existed circumstances that prevented the aggrieved female from filing the complaint.

(ii) If 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 women harassment Act provides that her legal heir or such other person as may be prescribed, may make a complaint.

Furthermore, a supervisor or manager is to report immediately to the ICC if he/she is aware of conduct which is inconsistent with this policy or if he/she receives a report of conduct inconsistent with this policy.

(iii) The complaint should contain all the material and relevant details concerning the alleged sexual harassment including the name of the contravener, details of the incident, place of the incident, names of witness (if any). 

(iv) The Internal Complaints Committee has the power to settle the matter between the aggrieved woman and the contravener through conciliation, at her request. This can be done before initiating an inquiry but the ICC has to make sure that there is no monetary settlement that has been made as a basis of conciliation.

If a settlement is arrived at, the ICC needs to record the details of the settlement and forward it to the management of the concerned organization in order to take action as specified in the recommendation. A copy of the settlement is to be provided to both- the aggrieved woman and the accused.

After a successful settlement has been made between the two parties, no further inquiry shall be conducted by the Internal Complaints Committee unless the terms of the settlement are broken or not followed by either of them. 

• Inquiry Process 

(i) In the event that the aggrieved woman does not want to proceed with the conciliation process, the ICC will proceed with the inquiry under the POSH Act.

(ii) A copy of the complaint should be sent to the accused within 7 days of receipt of the complaint by the aggrieved woman. The accused is required to file a reply to the complaint along with his list of documents, names and addresses of witnesses within a period of 10 days from the date of receipt of the complaint by the contravener. 

(iii) The aggrieved woman and the accused, during the course of an inquiry by the Internal Complaints Committee, will be given equal opportunity to be heard. The two of them shall be called separately, this has been proposed to not only to ensure the freedom of expression but also to provide an atmosphere free of intimidation. But neither of them will be allowed to be represented by any legal practitioner until the inquiry is conducted by the ICC. 

(iv) The inquiry should be conducted in the presence of at least three members from the ICC. Further, according to the POSH Act, the inquiry proceeding is required to be completed within 90 days from the date of receipt of the complaint, and communicate its findings and its recommendation to the parties and the company within 10 days of completion of the inquiry. 

(v) The report should contain the following elements:

(a) description of all aspects of the complaint;

(b) description of the process followed;

(c) description of the background information and documents that support or refute claims of both the parties;

(d) an analysis of information obtained; 

(e) findings; and

(f) recommendation.

(v) The Internal Complaints Committee has the right to terminate the inquiry proceedings or to give an ex-party decision on the complaint, if either of the parties fails, without sufficient cause, to present themselves for three consecutive hearings convened by the presiding officer. 

(vi) During the pendency of an inquiry, on a written request made by the aggrieved woman, the Internal Complaints Committee may recommend to the employer to:

(a) transfer the aggrieved woman or the accused to any other workplace, or

(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.

(vii) The Internal Complaints 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. 

• Disciplinary Action

(i) Upon investigation, if it is found that the complaint is false or filed with malafide intentions, appropriate disciplinary action may be taken against the aggrieved woman.

(ii) Where the Internal Complaints Committee arrives at the conclusion that the allegation against the contravener has been proved, he will be subject to disciplinary action such as:

(a) written apology, warning, reprimand or censure;

(b) withholding of promotion;

(c) withholding of pay rise or increments; 

(d) termination of service;

(e) undergoing a counseling session;

(f) carrying out community service;

(g) any other action specified in the policy relating to the prevention of sexual harassment adopted by the organization.

• Compensation to be determined on the basis of:

(a) The mental trauma, pain, suffering and emotional distress caused to the aggrieved employee; 

(b) The loss of career opportunity due to the incident of sexual harassment; 

(c) Medical expenses incurred by the victim for physical/ psychiatric treatment; 

(d) The income and status of the alleged perpetrator; and 

(e) Feasibility of such payment in a lump sum or in installments.

In the event that the respondent fails to pay the aforesaid sum, the Internal Complaints Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned district officer.

• Appeal

In case the aggrieved woman or the accused is not satisfied with the decision of the ICC or in case of non-implementation of the recommendation of the Internal Complaints Committee, such person may prefer an appeal to the appellate authority notified under Section 2 (a) of the Industrial Employment (Standing Orders) Act, 1946 within ninety (90) days from the date of receipt of a decision of the complaints committee. 

Read Also: Composition and Duties of ICC

Duties of an Employer

The POSH Act prescribes certain duties of the employer to provide a safe working environment for persons coming in contact with the workplace. Set out below are some of the duties which are required to be performed by the employers:

(i) Formulate an internal anti-sexual harassment policy for prohibition, prevention and redressal of sexual harassment, promote gender-sensitive safe spaces and remove factors that contribute towards a hostile work environment against women;

(ii) Use modules and reports prepared by the State Governments to conduct workshops and posh awareness training for sensitizing the employees with the provisions of this Act;

(iii) Display the penal consequences of sexual harassment through posters, boards, etc. at prominent places in the workplace;

(iv) Maintain a proactive awareness program upon joining and thereafter at regular intervals to educate the employees as to the definition of sexual harassment and procedure for redressal and orientation program for the members of the complaints committee;

(v) Assist in securing the attendance of contravener, and witnesses before the complaints committee;

(vi) Ensure that the aggrieved woman or its witness is not punished by discharging, transferring, dismissing, or otherwise for any misconduct, as a consequence of the complaint;

(vii) Provide full assistance to the aggrieved women if she chooses to file a complaint in relation to the offense under Section 509 of the Indian Penal Code or any other law for the time being in force;

(viii) Monitor timely submission of reports by the Internal Complaints Committee;

(ix) Treat sexual harassment as misconduct under the service rules and initiate action for such misconduct. 

Read Also: POSH for Internal Complaints Committee Members

Annual Report

The Internal Complaints Committee is required to prepare an annual report at the end of the financial year. It is the responsibility of the Presiding Officer to ensure a full account of the committee’s activities during the previous year is recorded and forward a copy thereof, to the employer and/ the district officer. The annual report prepared by the ICC shall have the following details:

(i) number of complaints of sexual harassment received in the year;

(ii) number of complaints disposed of during the year;

(iii) number of cases pending for more than ninety days; 

(iv) number of workshops or awareness program carried out against sexual harassment;

(v) nature of action taken by the employer or district officer.

Confidentiality

Each organization should acknowledge the sensitivity of the complaint and take steps to ensure that all matters including any complaints made and investigations conducted are handled in the strictest of confidence and sensitivity as confidential to the extent possible or practical under the circumstances. 

However, information may be collected and disclosed regarding any victim of sexual harassment under the women harassment Act (POSH) who has secured justice but without disclosing the name, address, identity, or any other particulars which may inadvertently lead to the identification of the complainant and/or the witness/es.

Every employee involved, whether making a complaint or involved in any investigation, shall be required to observe a high level of confidentiality that is required. 

If any person breaches the provisions of confidentiality under the POSH Act, the employer shall recover a sum of INR 5,000 (Indian Rupees Five Thousand) as a penalty from such person. 

Penalty for Non-Compliance of the provisions of the POSH Act

Every employer shall be punishable with a fine which may extend up to INR 50,000 (Indian Rupees Fifty Thousand) for the following:

(i) employer fails to constitute an Internal Complaints Committee;

(ii) employer fails to take action in relation to the inquiry report, false or malicious complaint and false evidence and reporting the number and details of the complaints; and 

(iii) contravention or attempt to breach the provisions of the POSH Act.

Conclusion

The positive impact of the POSH Act as an effective legal recourse for women facing sexual harassment in the workplace is visibly seen in the continuously rising numbers of complaints of such cases every year.

As the cases reported of sexual harassment at workplace jumped up almost 54% in 2018 and 14% in 2019, there was a concern on the part of people in general but the industry experts point out that this increase in reportage is a healthy indicator.

It points to a greater awareness among women about legislation on sexual harassment at the workplace as all organizations have implemented the recommendations and provisions described under the POSH Act, 2013.

“Women are more prompt these days to report any case of sexual misconduct and it is the responsibility of organizations to take speedy action,” said Suresh Tripathi, vice president, human resource management, Tata Steel, “Prompt action by organizations will act as a deterrent for others, and it will encourage women to come out and report,” he said, adding, “Increased reporting is good to start with as it means there is more awareness. It (such cases) will plateau and start coming down…”

Way Forward

As the onus of safe campuses lies on the companies and organizations, most of them have started to put in sincere efforts to make the workplace safer for women.

But the sexual harassment of women at the workplace must be seen as a social problem and therefore, all factions of society must join hands to overcome this problem. 

We need not only to create awareness but also have the obligation to sensitize both genders about its ill-effects on individuals in particular, and society in general.

A healthy workplace shall ensure greater productivity and job satisfaction for all.

The post A brief analysis of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 appeared first on MUDS.