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How to Conduct an Effective Awareness Program on Sexual Harassment at the Workplace.

An effective awareness program on sexual harassment should begin with a clear definition of what constitutes harassment. Employees must understand not only the obvious forms of harassment, such as physical assault or verbal abuse, but also subtler behaviors like inappropriate comments, gestures, or advances. This comprehensive understanding can help prevent incidents before they occur. The program should be interactive and include real-life case studies that allow employees to identify and discuss potential harassment situations. Role-playing exercises can also help employees practice how to respond to harassment or report it appropriately. This will make them feel more confident in identifying problematic behaviors and taking action. Awareness programs should be conducted regularly and tailored to the specific needs of the workplace. For example, in industries with high turnover rates, it's important to offer refresher training to ensure all employees are up to date on the organi...
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Sexual Harassment at Workplace Act, 2013 - Proposed Modifications to the Posh

The Bill introduced in the Rajya Sabha, published in the Gazette of India on December 08, 2023.

Following are  proposed Amendments to POSH Act roles, 

1.Nullification of Local Complaints Committee (LC) replaced by Employment

Tribunal. "Local Committee" replaced with "Employment Tribunal" throughout POSH Act. Employment Tribunal empowered to treat sexual harassment cases as legal trials for increased efficiency and conviction rates.

2. Constitution of Employment Tribunal Chairperson: Retired female judge of District Court. Members include retired female judge, social activist, woman from the district, sociologists, and female advocates.

3. Prolonged Timeframe for Complaints Section 9 modified for aggrieved women to file complaints within a reasonable timeframe. Employment Tribunal can extend the time limit with written justification based on circumstances.

4.  Rectifying Terminology Inconsistencies Substitution of "recommend to" with "direct" in Section 13(3) to make IC's recommendations binding. Section 13(4) amended to ensure the employer or District Judge acts upon Employment Tribunal's directions within sixty days. Subject  in focus Evolving the Legal Landscape: Proposed Modifications to the Sexual Harassment at Workplace Act, 2013

NOTE FOR IC AND HR 

A pending Bill titled Sexual Harassment at Workplace (Prevention, Prohibition, and Redressal) Amendment Act, 2022, is currently in the Rajya Sabha. The Gazette of India contains details of the proposed amendments published on December 08, 2023. 

Note this is   'BILL' at this stage ; for becoming an Act it  requires review and approval at  Lok Sabha, Rajya Sabha, and Presidential Assent. If successful, it will be named the PoSH (Amendment) Act, 2024. Given this is not yet  a Law . Kindly note you are not required to amend policies or training material based on the proposed amendments.

Case in focus

Supreme Court's Ruling in Union of India & Ors. v. Dilip Paul: A Contextual Perspective Background of the Case: Dilip Paul, the respondent, served as the

Local Head of the Service Selection Board in Assam. A female employee in the same office filed a sexual harassment complaint against him in two stages.

Initial inquiries failed to substantiate the allegations, leading to a Central Complaints Committee inquiry finding the respondent guilty. The respondent approached the Central Administrative Tribunal (CAT) to cancel the inquiry, but CAT refrained from expressing opinions. The Guwahati High Court (HC) limited the Central Complaints Committee's jurisdiction to the first complaint, setting aside its findings. An appeal was then filed before the Supreme Court (SC), resulting in the overturning of the HC judgment. Court's Observations: The bench, led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra, emphasized considering sexual harassment allegations in the broader case context, not solely based on procedural violations. The SC warned against undue sympathy towards the accused, emphasizing a balanced approach in such cases. Highlighted the HC's limited jurisdiction, cautioning against functioning as an appellate authority.

Case in focus

Supreme Court's Ruling in Union of India & Ors. v. Dilip Paul: A Contextual Perspective Stressed that a mere procedural violation doesn't automatically imply prejudice to the respondent. The HC was criticized for overlooking established court principles and unreasonably setting aside the disciplinary authority's punishment order.

Conclusion:

The SC's ruling underscores the need to assess sexual harassment allegations within a comprehensive case perspective, balancing procedural aspects with the broader context. The judgment reinforces the principle of avoiding hyper-technicalities in favor of a fair and contextual evaluation in such sensitive matters. The decision reaffirms the limited role of the HC in matters of this nature and urges adherence to established legal principles in disciplinary proceedings

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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 
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