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Rights of Accused in POSH ACT 2013

The Protection of Women from Sexual Harassment (POSH) Act, 2013 , primarily aims to prevent and redress sexual harassment of women at the workplace. While the Act is designed to protect the rights and dignity of women who are victims of sexual harassment, it also includes provisions to ensure that the accused individuals are treated fairly and have their rights upheld. Here are some key rights of the accused under the POSH Act: Right to a Fair and Impartial Inquiry:  The accused has the right to a fair and impartial inquiry into the allegations of sexual harassment. The Internal Complaints Committee (ICC) or the Local Complaints Committee (LCC), responsible for conducting the inquiry, must ensure that the process is unbiased and follows the principles of natural justice. Right to Be Informed:  The accused has the right to be informed of the allegations made against them. They should receive a written complaint or notice detailing the charges and any evidence provided by the complainant
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Posh Law - Navigating the Shadows: Addressing Sexual Harassment in the Virtual Workspace

In an increasingly digital world, the way we work has undergone a radical transformation. The COVID-19 pandemic accelerated the shift towards remote work, making virtual spaces the new norm for countless professionals. While this transition brought numerous advantages, it has also exposed a darker side—the prevalence of sexual harassment in virtual workspaces.  This article delves into the pressing issue of sexual harassment in the virtual workspace, its forms, consequences, and how organizations and individuals can combat it. The Pervasiveness of Virtual Harassment The virtual workspace offers convenience and flexibility, allowing employees to work from the comfort of their homes. However, it has also given rise to a new avenue for sexual harassment. Sexual harassment in the virtual realm can take various forms: 1. Unwanted Advances: Unsolicited messages, comments, or advances of a sexual nature through email, chat, or video conferencing platforms. 2. Inappropriate Content: Sh

Five common myths related to the Protection of Women from Sexual Harassment (POSH) Act of 2013

Five common myths related to the Protection of Women from Sexual Harassment (POSH) Act of 2013, along with their accurate answers: Myth 1: The POSH Act applies only to women. Answer: The POSH Act is named primarily to emphasize its focus on protecting women from sexual harassment, but it is not limited to women alone. The Act also covers individuals of any gender who may experience sexual harassment in the workplace. Both men and women are protected under the Act, and anyone can file a complaint if they are subjected to sexual harassment. Myth 2: The POSH Act is only applicable to formal office settings. Answer: The POSH Act is not limited to formal office environments. It applies to all workplaces, including offices, factories, shops, educational institutions, NGOs, and any other place where a person may be employed. It also covers employees, interns, and even visitors or third parties who may be subjected to sexual harassment in the workplace. Myth 3: Only physical harassment cons

Workplace sexual harassment and employee attrition

Introduction Workplace sexual harassment results in employee attrition and is a serious issue that affects many employees around the world. Seven out of ten women who leave a workplace due to an experience of workplace sexual harassment do so without informing their employer.  This is a troubling statistic that raises questions about why so many victims of workplace sexual harassment do not come forward. In this article, we will explore some of the reasons why employees do not file a complaint of workplace sexual harassment, AND, as an employer, what is it that you can do to change this.  Reasons for not reporting workplace sexual harassment Fear of Retaliation One of the main reasons why employees do not file a complaint of workplace sexual harassment is fear of retaliation. Victims may worry that they will be retaliated against by their harasser, their supervisor, or other co-workers if they report the harassment.  Retaliation can take many forms, including being demoted, having hour

Posh Lawyers in India

PoSH (Prevention of Sexual Harassment )Awareness Session helps organisations in a big way in 1) Preventing and Discourage sexually harrasement at work 2) Encouraging victims to file grievances 3) Encouraging coworkers to understand their role in creating safe work environment. 4) Highlighting the Gender Neutral policy aspects Glad to have delivered at Cloudnine Group of Hospitals ~Noida A detailed employee and manager session highlighting key aspects of POSH ACT 2013 through case studies , Videos and Quiz . Thank you Trisha Singh and Saloni for organising,participating and partnering in the session. It is such a inspiration to see how the HR and leadership team is working together to ensure this organisation continues to be a workplace of choice in healthcare sector. Voice of SASHA 🤝POSHADVO Kanti Joshi 🤝Adv Kanchan K. Kanchan Khatana And Associates Sexual Harassment at Workplace Posh Training Best POSH consultant in India POSH ACT 2013 

Posh at Workplace

  POSHADVO has been founded to help keep workplaces free of sexual abuse across all sectors in the country. POSHADVO  firmly believes, as an organization, that  sexual harassment  is a serious denial of the right to equality, dignity and respect. Sexual abuse at work is something that most people routinely witness, but many do not openly speak about. Typically, this is for fear of losing their job, facing society's scorn, being caught up in never-ending court action or for other unspecified reasons. Posh @ Workplace Gender equality in all dimensions is a basic human right and the Constitution of India (“Constitution”) guarantees all its citizens equality of status and opportunity.  Sexual harassment  is considered as a violation of a woman’s fundamental right to equality, which right is guaranteed by Articles 14 and 15 of the Constitution. The Constitution also provides every citizen the ‘right to practice or carry out any occupation, trade or business, which includes the right to

UNDERSTANDING JURISDICTION RELATED TO THIRD PARTY SEXUAL HARASSMENT. WHEN DOES THE IC GET INVOLVED?

Introduction - What is Third Party Sexual Harassment? Sexual harassment in connection with the workplace, isn't only limited to the workplace (as a premises) or one's colleagues (as the respondent). It extends to third party workplaces, and third party individuals like consultants, independent contractors, clients, or other non-employees associated with the workplace, irrespective of the premises where the sexual harassment may have occurred. Employers need to provide employees with a safe working environment where their safety and security is prioritised, especially if third parties are involved. IC's Jurisdiction and When It Can Refuse Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), women can file complaints on acts that took place at the workplace even against third parties, irrespective of whether they work at their place of employment. In line with the PoSH Act, the employer is responsible for taking neces