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Who is the Inventor of POSH Law and Is It Good for the Corporate World?

In today’s corporate world, a safe, respectful, and inclusive workplace is not just a goal — it's a necessity. One of the most significant steps taken in India toward ensuring workplace dignity was the introduction of the POSH Law , formally known as The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. But who really invented this law, and is it effective in making the corporate world a better place? Let’s explore. Who is the Inventor of POSH Law? While no single person is credited as the "inventor" of the POSH Law, its roots trace back to a landmark judgment by the Supreme Court of India in the Vishaka vs. State of Rajasthan case in 1997. This judgment laid the foundation for what would later become formal legislation in 2013. The credit for initiating and shaping the POSH law goes to: Vishaka Group of NGOs: A collective of women's rights groups that filed the petition. Justice Verma Committee: Formed after the Nirbhaya cas...

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: Sharing or displaying sexually explicit content, images, or videos during virtual meetings or in work-related communications.

3. Cyberbullying: Using online platforms to intimidate, humiliate, or threaten someone based on their gender or sexual orientation.

4. Non-consensual Recording: Recording and sharing private video calls or conversations without consent, leading to privacy violations and potential blackmail.

5. Microaggressions: Making subtle but offensive comments or gestures related to gender, sexuality, or appearance during virtual interactions.

The Impact of Virtual Sexual Harassment

The consequences of sexual harassment in the virtual workspace are far-reaching and detrimental, affecting both individuals and organizations:

1. Emotional and Psychological Toll: Victims often experience anxiety, depression, and a decline in mental health due to the stress of dealing with harassment.

2. Professional Impact: Harassment can hinder victims' career advancement, productivity, and job satisfaction, leading to attrition and decreased workplace morale.

3. Organizational Costs: Companies that fail to address virtual harassment may face legal liabilities, damage to their reputation, and a loss of valuable employees.

Combatting Virtual Sexual Harassment

Addressing virtual sexual harassment requires proactive efforts from individuals, organizations, and society as a whole:

1. Clear Policies and Reporting Mechanisms: Companies must establish comprehensive anti-harassment policies and provide clear channels for reporting incidents, ensuring that victims feel safe coming forward.

2. Training and Education: Regular training on sexual harassment prevention and diversity and inclusion can raise awareness and promote a respectful virtual workspace.

3. Technological Solutions: Employers can implement cybersecurity measures to prevent the unauthorized sharing of sensitive information and conduct regular audits to identify potential issues.

4. Support Systems: Offer support and resources for victims, such as counseling services, legal assistance, or HR guidance.

5. Cultural Change: Foster a culture of respect, inclusivity, and zero tolerance for harassment, both in physical and virtual workspaces.

Conclusion

As the virtual workspace continues to evolve, addressing sexual harassment is an imperative. Organizations must take concrete steps to combat this pervasive issue, ensuring that their employees can work in an environment free from harassment and intimidation. By working together, individuals, companies, and society can create a safer and more equitable virtual workspace for all.

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Filing a Complaint under the POSH Act: Procedure and Timelines

The Prevention of Sexual Harassment ( POSH ) Act, 2013, was enacted to create a safe workplace environment and ensure that incidents of sexual harassment are addressed promptly and effectively. A key aspect of the Act is the process by which employees can file a complaint if they experience sexual harassment at work. This article delves into the complaint filing procedure under the POSH Act, including the essential timelines, extensions, and rights of the complainant. 1. Who Can File a Complaint under the POSH Act? The POSH Act allows any aggrieved woman to file a complaint if she has faced sexual harassment in the workplace. The complainant can be: • A woman employed in any capacity (temporary, permanent, part-time, or full-time). • An employee in an organization (including interns and contractual staff). • A woman visiting the workplace or a client of the organization. Additionally, if the complainant is unable to file a complaint due to physical or mental incapacity or for oth...

Saurabh Kumar Mallick v. CAG: Reinforcing the Reach of the POSH Act in Government Institutions.

In a landmark judgment, the Delhi High Court delivered a resounding verdict that extended the applicability of the Prevention of Sexual Harassment (POSH) Act to government organizations, including constitutional bodies like the Comptroller and Auditor General of India (CAG). The case of Saurabh Kumar Mallick v. Comptroller & Auditor General of India (2018) was a pivotal moment in ensuring that the principles of the POSH Act are upheld across all spheres of employment, irrespective of the nature or status of the organization. The Crux of the Case The case arose from a petition filed by Saurabh Kumar Mallick, an Assistant Audit Officer employed with the CAG, who alleged that he had been subjected to sexual harassment by a superior officer. Mallick claimed that despite filing a formal complaint, the CAG failed to take appropriate action or constitute an Internal Complaints Committee (ICC) as mandated by the POSH Act. The CAG, in its defense, argued that as a constitutional body, it w...

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