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Showing posts from April, 2025

Bombay High Court Stresses Fair Inquiry in Sexual Harassment Cases: Saurabh Kumar Mallick v. The Comptroller & Auditor General of India & Ors.

In a notable judgment upholding the principles of procedural fairness under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Bombay High Court in Saurabh Kumar Mallick v. The Comptroller & Auditor General of India & Others highlighted the critical need for Internal Committees (ICs) to conduct impartial, transparent, and legally sound inquiries. The Court emphasized that while the POSH Act aims to protect women from harassment, it equally mandates adherence to natural justice for both complainants and respondents. The case involved Saurabh Kumar Mallick, a senior official, who challenged the findings of an Internal Committee that had found him guilty of sexual harassment. Mallick argued that the inquiry was conducted in violation of the principles of natural justice, including denial of opportunity to present his defense, absence of cross-examination, and lack of proper documentation of evidence. The Bombay High Cou...

Technology and the POSH Act: Enhancing Compliance Through Digital Solutions.

The digital era has transformed how organizations approach compliance with the Prevention of Sexual Harassment ( POSH ) Act, 2013. Technology-driven solutions are making it easier for companies to educate employees, track compliance, and streamline reporting mechanisms, ultimately creating safer and more transparent workplaces. How Technology is Revolutionizing POSH Compliance Organizations are increasingly leveraging digital tools to enhance their POSH Act implementation. Some key advancements include: 1. E-Learning and Virtual Training – Online modules and AI-driven simulations make POSH training more engaging and accessible to employees across different locations. 2. AI-Powered Complaint Management Systems – Automated reporting systems ensure confidentiality, provide step-by-step guidance, and help track case progress efficiently. 3. Secure Digital Reporting Platforms – Web-based portals and mobile apps enable employees to report harassment incidents anonymously and securely. ...

POSH Act Rights: How Organizations Can Educate Employees About POSH Act Rights

Posh Act Rights A major challenge in the implementation of the Prevention of Sexual Harassment ( POSH ) Act, 2013, is the lack of awareness among employees. Many workers are unaware of their rights, the complaint mechanisms available, and the protections the Act offers. Educating employees is not just a legal requirement but a crucial step in fostering a safe and inclusive workplace. Why Awareness Matters Workplace harassment often goes unreported due to lack of knowledge or fear of consequences. Organizations that prioritize awareness see: 1. Increased Reporting of Incidents – Employees are more likely to report issues when they understand the protections available. 2. Better Workplace Culture – A well-informed workforce fosters a culture of respect and accountability. 3. Stronger Legal Compliance – Awareness helps organizations stay compliant with POSH guidelines and avoid legal repercussions. 4. Reduced Risk of Retaliation – Knowledge of anti-retaliation measures empowers em...

Strengthening POSH Compliance: The Role of Internal Complaints Committees (ICCs)

  Posh law in India A crucial aspect of the Prevention of Sexual Harassment ( POSH ) Act, 2013, is the establishment of Internal Complaints Committees (ICCs) in organizations. These committees play a pivotal role in ensuring workplace safety, handling complaints effectively, and fostering a culture of zero tolerance for harassment. Understanding the Role of ICCs The ICC is responsible for addressing workplace sexual harassment complaints and ensuring a fair, unbiased resolution process. Key functions include: • Receiving and Redressing Complaints – ICCs must ensure that victims feel safe reporting incidents and that complaints are handled with confidentiality and sensitivity. • Conducting Investigations – The committee must carry out impartial inquiries, gather evidence, and recommend appropriate actions. • Recommending Disciplinary Action – Based on findings, ICCs have the authority to suggest penalties, policy changes, or preventive measures. • Ensuring Awareness and Comp...