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Showing posts from November, 2022

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

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