Skip to main content

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...
Post a Comment

POSH Law - The Role of Employers in Ensuring POSH Act Compliance

The Prevention of Sexual Harassment (POSH) Act, 2013, places a significant responsibility on employers to create a safe and respectful workplace. Employers are required to establish Internal Complaints Committees (ICCs) that are responsible for addressing complaints of sexual harassment. The committees must include a majority of female members to ensure impartiality, and the employer must ensure their functioning is transparent and accountable.

Along with setting up ICCs, employers must also provide training to employees about what constitutes sexual harassment and the procedure for filing complaints. This training should be mandatory for all employees and should be conducted at regular intervals to keep the workforce informed. Failure to comply with these requirements can lead to penalties for the employer, which may include fines or even the closure of the establishment in extreme cases.

In addition to the legal responsibilities, employers must foster a workplace culture that supports zero tolerance for harassment. This involves creating open lines of communication where employees feel safe to report incidents without fear of retaliation. It also includes addressing issues of power dynamics, which can often prevent victims from speaking out.

While compliance is important, the true success of the POSH Act lies in employers creating a culture of respect and equality. This requires leadership commitment, continuous training, and a proactive approach to resolving any incidents that arise. By investing in such initiatives, employers not only comply with the law but also ensure a healthier and more productive work environment.

Labels:

Comments

Post a Comment

Popular posts from this blog

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...
Post a Comment
Read more

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...
Post a Comment
Read more

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 
Post a Comment
Read more