“Creating a Culture of Respect: Addressing Sexual Harassment in the Workplace”
“Unveiling Change: Analyzing the Proposed Amendments to the POSH Act in the Amendment Bill 2024”?
One of the key revisions proposed in the Amendment Bill 2024 is to revise the timeline within which a complaint should be raised under Section 9 of the POSH Act. Currently, the act stipulates a timeline of 3 months for filing a complaint from the date of the incident. The Bill aims to extend this timeline to one year. The amendment provides an extended time frame and flexibility to victims, which creates a more supportive environment and encourages them to come forward without undue pressure.As we analyze the proposed amendments to the Sexual Harassment of Women at Workplace Act, it is crucial to strike a balance between giving victims adequate time to come forward and ensuring a fair investigation. The extension of the timeline to file complaints is beneficial to victims and but shall present challenges for obtaining relevant evidence. The bill also proposes to strike out conciliation. The analysis below captures the complexity of the situation well. Removing the conciliation option from the bill would certainly have significant implications, both positive and negative. On one hand, processing all sexual harassment complaints through formal legal channels ensures transparency, accountability, and equal treatment for all parties involved. This can enhance public trust in the integrity of the process and provide a clear framework for addressing workplace harassment. However, it’s crucial to consider the potential drawbacks as well. The absence of conciliation could foster a more adversarial atmosphere in the workplace, straining relationships and negatively impacting morale and productivity. Additionally, removing the option of conciliation may limit access to remedies for individuals who prefer a less intimidating avenue for seeking resolution. Balancing these competing interests requires careful consideration of the broader goals of the bill and the needs of all stakeholders involved. It may be worthwhile to explore alternative mechanisms or safeguards within the formal legal process to address concerns about accessibility, intimidation, and relationship preservation while still ensuring accountability and transparency in addressing workplace harassment.
Supreme Court expresses displeasure on implementation of the PoSH Act
The Supreme Court recently while deciding on the case in AURELIANO FERNANDES Vs STATE OF GOA AND OTHERS laid down directives and guidelines for all employers. It has asked for the judgment to be circulated to all governmental authorities, departments, and ministries with a view to ensure that the required compliances under the POSH Act are followed both in letter and spirit. The relevant directives under the said judgment are summarized below for your reference: Constitution of IC should strictly be in adherence to the Act, – Please ensure your IC is constituted as per section 4 of the Sexual Harassment of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013 E-mail IDs and contact numbers of the designated person(s) to be notified – Please notify the detailed constitution of IC members with their names, contact number, email.id and their designation at all conspicuous places of your premises. -Process for submitting an online complaint to be notified.- Assist your employees to approach the Internal Complaints Committee with ease and without any embarrassment. Create a dedicated email id for PoSH , and educate your employees about the detailed procedure to submit a complaint online in case they are aggrieved and harassed. Upload the process of online submission on your website. Internal policies to be available. Information to be updated from time to time -Ensure that your policy is available on your Companies website and your organisations portal of policies. Review the policy time to time and update it on your website and portal. For any assistance on the policy contact LexiPoSH To familiarize members of the ICCs/LCs/ICs with their duties and the manner in which an inquiry ought to be conducted- Equip the IC members with the knowledge of the law, policy, their roles, and task. Train the IC members to handle inquiries efficiently following the due process of law. Conduct capacity building and upskilling workshops for IC members on regular basis and enhance their preparedness to handle a complaint. Regularly conduct orientation programmes, workshops, seminars, and awareness programmes to educate women employees and women’s groups about the provisions of the Act, the Rules and relevant regulations. Training programmes to be conducted on regular basis to educate and empower the women employees to understand their rights under the Act, and the procedure for exercising the same in case required. Lexi PoSH conducts sensitization sessions to assist the employer to keep them informed about the Act. A copy of this judgment shall be transmitted to authorities, departments & ministries to ensure the implementation of directions. In light of this Judgement, the government authorities are more likely to scrutinize the compliance requirements rigorously. It is quite likely that inspections may now be carried out to ensure that employers are compliant with the requirements under the Act. The full text of the judgment can be accessed at Link
Zero Tolerance
Zero tolerance is a word found incorporated in each organization’s policy. The question is, How do we achieve it? What is the real challenge in achieving it? The general thinking is if we are compliant & adhere thoroughly to the provisions of The Prevention of Sexual Harassment of Women at Workplace Act (Prevention, Prohibition & Redressal) Act 2013. we can achieve it. Is it so, a thought to ponder on? Is compliance the sole parameter for evaluating the achievement of the goal? Why do statistics reflect a higher number of complaints as compared to earlier years? The pandemic has further worsened the situation. Legislations are there to discipline us. If we have to achieve the object of the legislation, we need to change the way of thinking of the workforce. 1. Respect individuals, not the gender. 2. Empower all to speak against abuse. 3. Build empathy in the workforce. 4. Be there for each other. Should be the mantras to be imbibed in every person in the organization I think if organizations work towards this agenda, the object of zero tolerance shall be achieved. Let us begin to think beyond legislation & try to achieve a harmonious workplace for all. Any assistance required in this journey of beyond compliance, please drop a mail to [email protected]. We shall be happy to assist you.
Employers make the change
Tarun Tejpal is one of such judgments that has created a furor! It has led to be a grave miscarriage of justice. A question on how many women would come forward and report cases of sexual harassment and misconduct if shamed in this manner. Do you think such conversations help in bringing a positive change in the scenario? Instead, let us divert our energies towards the learnings one needs to take from the current situation. In the above-cited case, the employer constituted an IC as per the Vishakha guidelines after the journalist complaint. However, the journalist (complainant) was traumatized by the support offered by the organization. It leaves a thought to ponder on? If the organization had taken due cognizance of the complaint, would the situation be different? The complainant felt victimized, was avoiding it possible? Would there be any scope for discussions of injustice? Would strictures be passed on Tehelka for not handling the issue disastrously? All this suggests every employer be proactive, constitute an IC under the Prevention of Sexual Harassment of Women at Workplace and be compliant. Equip your team to face unforeseen incidents that may come through. Empower the IC members to discharge their duties diligently without fear and bridge the gaps before judicial action. Employers to focus dynamism on bringing the change. Dr.Medha
Certification programme for IC members of Reliance Retail limited
Conducted a certification programme for Internal committee members constituted under the provisions of The sexual harrassment of women at workplace (Prevention,Prohibition, Redressal) Act. Write to us at [email protected] to conduct a certification programme for your organisation.# LexiPoSH
Eliminate sexual harassment at the “workplace’ says ILO.
ndividuals are to be respected, the dignity of the workforce is to be maintained. Each working person is entitled to get an atmosphere free from gender discrimination, violence, and harassment at the “workplace”; The historic convention adopted by the International Labour Organisation “C190” in 2019 has been ratified and has come into force on 25 June 2021. It is the first international treaty addressing violence and harassment. The outbreak of the pandemic has forced us to reconsider this issue. It is a need of the hour. The rise in sexual harassment cases against women & vulnerable groups during this period speaks a lot. Governments endorsing the conventions will be responsible for active measures to prevent abuse at work. The progressive and detailed legislation on the Prevention of sexual harassment at the Workplace, which is in force, would be further supported. The implementation of the Act that is marred even after eight years of the enactment of The Prevention of Sexual Harassment of Women at Workplace Act (2013) in India shall gain impetus if we do so. It is now the responsibility of all of us viz. leaders, workers, and their organizations as the stakeholders to build a safe, dignified, and healthy workplace. Let us get involved take initiatives to construct a campaign to support the C190 convention. It is a historic opportunity to depict how we care for our workforce. Our prompt actions for the right cause shall make a difference, achieve our and International Labour Organization’s goal of implementing an abuse-free workplace for everyone in the world. May India and all the national governments around the world accept the C190 convention with vigor. Dr.Medha shetye
Employers be ethic centric and prevent sexual harasment at workplace
Prevent Sexual harassment at the workplace is one of the focuses now for all organizations. Is it because of the mandate or moral responsibility? Let us try to understand this with reference to a case that has gone unnoticed and unexplored. There were many incidents in the past that were reported but not looked at from the perspective of harassment at the workplace. I would like to draw attention to one unfortunate incident that occurred years ago. A nurse a victim of sexual harassment which left her in a vegetative state for forty-two years! Yes, you are right I am speaking about Aruna Shanbag. This case is widely remembered for seeking permission to extinguish life before natural death. Was the case really limited to the same or we missed to look beyond it? Ms. Aruna, a nurse was brutally assaulted and raped in the hospital premised by a subordinate employee. It was a case of gender discrimination, subordination & power play of male dominant society that lead to this incident. It was a case of workplace harassment but overlooked from that perspective. This is witnessed by our society through various cases of sexual harassment in the public and private sectors. If cognizance would have taken maybe it would have paved way for more stringent legislation much earlier. This suggests that employers need to be more vigilant and not wait for the legislators to fill the gaps if any in their obligations towards the prevention of sexual harassment and be more ethic sensitive and self-policing. Employers can gather the credit for being proactive and putting principles before legislation. Dr.Medha Shetye
Will the Internal Committee Members Be Protected?
A PIL has been filed in the Mumbai High Court for protection of IC members. Lets hope that a positive move towards filling the gaps in The Prevention Of Sexual Harrassement of women at Workplace Act comes forth. https://www.hindustantimes.com/india-news/duo-moves-bombay-hc-to-plug-loopholes-in-posh-act-protect-icc-members/story-UvbBpm001kC6nMX1ym3i0H.html
Sensitivity to be displayed towards victim of sexual violence
The Supreme Court judgement by Justice Khanvilkar and Justice Bhat that lays guidelines to deal with sexual crimes and keep away from the sterotypical and patriarchal notions while delivering orders. https://www.livelaw.in/top-stories/courts-orders-should-avoid-patriarchal-stereotypical-notions-about-women-supreme-court-guidelines-171365 Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.