Archives

Full Day Workshop for Internal Committee Members (Pune)

Full Day Workshop for Internal Committee Members (Pune)

Overview of the Workshop Discussion on Grey Areas: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a great piece of legislation with great intention but like all other laws, this law also suffers from several practical challenges such as application and technicalities, among others. ... Read More
 
Full Day Workshop for Internal Committee Members (Bangalore)

Full Day Workshop for Internal Committee Members (Bangalore)

Overview of the Workshop Discussion on Grey Areas: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a great piece of legislation with great intention but like all other laws, this law also suffers from several practical challenges such as application and technicalities, among others. ... Read More
 

Our Partner Interviewed by Super Lawyer

One of our Partners Sana Hakim, was interviewed by Super Lawyer on 25th July, 2017. Here is a snippet: “The motivating factor was the law itself that is the need of the hour in light of horrendous Nirbhaya gang rape case in Delhi, to various instances pertaining to crime against women, and since am actively ... Read More
 

We Got Published in Huffington Post (Another One Bites The Dust!)

The Article Titled “Another One Bites The Dust!“, authored by one of our Partners Shivangi Prasad, was published in the Huffington Post on 30th June, 2017. Here is a snippet from the article: “But why do resignations take place? To put it simply, for protecting brand image. One thing common in all these examples is, ... Read More
 
Awareness Session for IASAP (27th June, 2017)

Awareness Session for IASAP (27th June, 2017)

POSH at Work conducted an awareness session for the members of Indian Association of Secretaries on 27th June, 2017 on the Law against sexual harassment at workplace, what it is and the importance of complying with it. We got a very good response from the participants and want to thank them for making the session ... Read More
 
Awareness Session at Patkar College, Mumbai (10th Feb, 2017)

Awareness Session at Patkar College, Mumbai (10th Feb, 2017)

The Core Team of POSH at Work held an awareness session for the students of Patkar College, Mumbai on 10th February, 2017. The students showed a lot of enthusiasm and curiosity and POSH at Work wants to thank them for asking their questions without ay reservations and indeed making the sessions such a wonderful event.
 
Training Session for IC Members of Mumbai Police (1st July, 2017)

Training Session for IC Members of Mumbai Police (1st July, 2017)

POSH at Work conducted a training session for the Internal Committee Members of Mumbai Police from different police stations across Mumbai with more than 120 participants. The session was a grand success and was an incredible learning experience not only for the IC members but also for the Team from their rich experiences and real ... Read More
 
A Clear Case of Quid Pro Quo Sexual Harassment

A Clear Case of Quid Pro Quo Sexual Harassment

On 24th June, 2016, the High Court of Guahati decided the case of Tezpur University and Ors. vs. C.S.H.N. Murthy, which was a clear case of quid pro quo sexual harassment. The facts of the case are that in 2013, a student (“Complainant”) of Mass Communication and Journalism (“MCJ”) immediately on the next day after ... Read More
 
ICC Inquiry Report Cross Examination & More: High Court of Kerala

ICC Inquiry Report Cross Examination & More: High Court of Kerala

In the case of L. S. Sibu vs. Air India Limited and Others, the High Court of Kerala at Ernakulum, held on 8th April 2016 that: Referring to the case of Medha Kotwal Lele vs. Union of India, 2013(1) SCC 311, the Court held that the status of the Internal Complaints Committee (ICC) is deemed ... Read More
 
The Team

The Team

The Core Team of POSH at Work comprises of: Sana Hakim: She holds an LL.B. Degree from the prestigious Government Law College, Mumbai and an LL.M. (IPR) Degree from the Mumbai University. She specialises in family and criminal laws especially laws related to crime against women such as sexual harassment, domestic violence etc. She has several years ... Read More
 
What We Do

What We Do

POSH at Work is an organization that believes that sexual harassment at workplace does not only cause mental and/or physical damage to the person harassed but also seriously curtails opportunities at work by creating a discriminatory work environment. We believe that, in order to ensure equal participation and equal opportunity at work, it is extremely important ... Read More
 
Inquiry Report of ICC binding on Employer & must be provided to Parties

Inquiry Report of ICC binding on Employer & must be provided to Parties

In the case of Pradip Mandal vs. Union of India and Ors., the High Court of Calcutta, in its decision dated 9th June, 2016, held that Section 13 (4) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Act”) makes the recommendation of the ICC (inquiry report) binding on the ... Read More
 
Inaction on Complaints of Sexual Harassment & Retaliation

Inaction on Complaints of Sexual Harassment & Retaliation

In the last couple of days, we saw several reports highlighting two common concerns – Inaction on complaints of sexual harassment and retaliation towards the complainant. It is important to first lay down a gist of these four articles. Inaction by school on a complaint by a school girl: In an article dated 22nd November, ... Read More
 
Guidelines for Gender Champions

Guidelines for Gender Champions

Children are like wet cement, whatever falls on them makes an impression. Gender socialization starts at an early stage and schools and colleges usually play a major role in such socialization which eventually contributes to the personality of a child. Hence, taking initiatives such as educating young minds to be equal and fair and teaching ... Read More
 
Local Complaints Committee (LCC) across all Indian States

Local Complaints Committee (LCC) across all Indian States

What is a Local Complaints Committee? The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 states that the State Government is required to notify a District Magistrate / Additional District Magistrate / Collector / Deputy Collector as a District Officer for every District. This District Officer is required to constitute a committee ... Read More
 
The Act and the Rules on Sexual Harassment of Women at Workplace

The Act and the Rules on Sexual Harassment of Women at Workplace

Sexual Harassment is the “behavioural execution of a defective, discriminating, imposing mentality to cause discomfort, shame and insult.” Sexual harassment of a woman in workplace is of serious concern to humanity on the whole. It cannot be construed to be in a narrow sense, as it may include sexual advances and other verbal or physical ... Read More
 
MWCD Handbook on Sexual Harassment

MWCD Handbook on Sexual Harassment

The Ministry of Women and Child Development, with respect to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”), which turned two on 9th December, issued, on the same day, a ‘Handbook’ on the Act (“Handbook”) which, inter alia, states the following: Every woman has right to safe workplace: The Act recognizes the right ... Read More
 
DoPT OM of 16.07.2015 on Step Guide for Handling Sexual Harassment Complaints

DoPT OM of 16.07.2015 on Step Guide for Handling Sexual Harassment Complaints

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum F. No. 11013/2/2014-Estt (A-III), dated 16th July, 2015 stating that a guide on “Steps for Conduct of Inquiry in complaints of Sexual Harassment” (“Step Guide”) has been formulated laying down ... Read More
 
DoPT OM of 05.05.2015 – Minutes of Chairpersons Meeting on 16.04.2015

DoPT OM of 05.05.2015 – Minutes of Chairpersons Meeting on 16.04.2015

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum F. No. 11013/2/2014-EsttA-III, dated 5th May, 2015 containing the minutes of the meeting of Chairpersons held on 16th April, 2015 to discuss the progress of implementation of the guidelines on ... Read More
 
DoPT Corrigendum of 30.07.2015 regarding ‘Workplace’

DoPT Corrigendum of 30.07.2015 regarding ‘Workplace’

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), by way of the corrigendum F. No. 11013/2/2014-Estt.A-Ill, dated 30th July, 2015 (“Corrigendum”) stated that it had prepared and circulated a step guide for conduct of the inquiry into complaints of sexual harassment vide Office ... Read More
 
DoPT OM of 02.02.2016 on Filing of Appeals under Section 18

DoPT OM of 02.02.2016 on Filing of Appeals under Section 18

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum F. No. 11012/0S/2016-Estt.A-III, dated 2nd June, 2016 regarding filing of appeals under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, prohibition and Redressal) Act, 2013. This Office ... Read More
 
DoPT OM of 09.09.2016 on Seniority of Chairperson of the ICC

DoPT OM of 09.09.2016 on Seniority of Chairperson of the ICC

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum F. No. 11013/2/2014-Estt.A-III, dated 9th September, 2016 regarding the seniority of the Chairperson of Internal Complaints Committee (“ICC”) of an organization under the Sexual Harassment of Women at Workplace (Prevention, ... Read More
 
DoPT OM of 14.07.2016 on Leave to the Aggrieved Woman

DoPT OM of 14.07.2016 on Leave to the Aggrieved Woman

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum No. 13026/2/2016-Estt. (L), dated 14th July, 2016 regarding grant of leave to the aggrieved woman during pendency of inquiry up to a period of three months in addition to the ... Read More
 

MWCD Department Circular of 27.10.2014 on Implementation of the Act and Rules

The Government of India through the Ministry of Women and Child Development, issued a Department Circular No. 19-8 2014-WW, dated 27th October, 2014 (“Department Circular”) regarding implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This Department Circular clarifies that ‘the Act casts an obligation upon all the organizations ... Read More
 

DoPT to Ministries/Departments On Implementation of the Act – 20.03.2015

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), wrote to the Secretaries of all Ministries / Departments vide D. O. No. 11013/2/2014-Estt. (A-III), on 20th March, 2015 stating that it had been decided to convene a meeting with the Chairpersons of the ... Read More
 

DoPT OM of 02.02.2015 regarding Annual Reports and other Reporting Requirements

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum No. 11013/2/2014-Estt (A-III), dated 2nd February, 2015 in relation to the reporting requirements under the provisions of the Sexual Harassment of Women at Workplace (Prevention, prohibition and Redressal) Act, 2013. ... Read More
 
Calcutta High Court on “Sexually Coloured Remarks”

Calcutta High Court on “Sexually Coloured Remarks”

In the case of Jishu Sengupta & Others vs. The State of West Bengal & Anr., decided by the High Court of Calcutta on 4th November, 2016, the Court held that statements with sexual connotations and sexual innuendos are “sexually coloured remarks” and fall within the definition of sexual harassment under Section 354A of the ... Read More
 
Why should Colleges have internal complaints committee?

Why should Colleges have internal complaints committee?

The Times of India, in its Article titled ‘Do Anti-Harassment Cell exist?’ recently reported that an incident involving the rape of an engineering college student by her college mates and another one where a student was subjected to sexual assault, have raised grave safety concerns among the student fraternity. It reported that though colleges have anti ... Read More
 
Guidelines for Employers by Bombay High Court

Guidelines for Employers by Bombay High Court

Recently, the Bombay High Court, in the case of Vidya Akhave vs. Union of India, Department of Women & Children and Ors., decided on 4th October, 2016, made an observation that: Very often women share common concerns which men do not necessarily share or the concern expressed by women have not been necessarily understood by men ... Read More
 
Filing Complaints Online & Monthly Submissions – An Amendment Expected?

Filing Complaints Online & Monthly Submissions – An Amendment Expected?

It has been recently reported by Deccan Chronicle, in its Article titled ‘Employees can file sexual harassment complaints online: Govt.’ dated ‘27th October, 2016’ that several women employees wrote to the Women and Child Development (“WCD”) ministry about delay in getting their complaints about sexual harassment resolved (even though the Sexual Harassment of Women at ... Read More
 

Guidelines for Employers and ICC Members : DHC

The case of Linda Eastwood vs. Union of India and Ors., decided by the High Court of Delhi on 23rd December, 2015, is an important one as it discusses several issues in relation to constitution of an internal complaints committee, conduct of an inquiry and preparation of the inquiry report pursuant to the Act of ... Read More
 
Should FIR be quashed if departmental enquiry concluded?

Should FIR be quashed if departmental enquiry concluded?

In the case of Ranbir S. Arora vs. State, the High Court of Delhi, on 05.08.2014, held that even if there is a minor discrepancy in one version of the complaint qua the other it would definitely not make out a case for quashing the FIR and a criminal proceeding cannot be quashed even if ... Read More
 

Case on transfer during pendency of a matter of sexual harassment

The High Court of Delhi recently, on 29th July, 2016, discussed transfer (during pendency of a complaint of sexual harassment) by an internal complaints committee (“ICC”), in accordance with Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”) in the case of Rupesh Hari vs. Union ... Read More
 
Calling of documents by police/court in a matter of sexual harassment

Calling of documents by police/court in a matter of sexual harassment

As has been recently reported by the Mumbai Mirror on 27th August, 2016, the Assistant Vice President of Human Resources for Max Life Insurance, Vijay Chaudhary, has been charged under Sections 354A and 509 of the Indian Penal Code for misbehaving and sexually harassing a former employee. As reported, it seems, Mr. Chaudhary was staring ... Read More
 
Company to pay Rs. 1.68 crore as damages for sexual harassment – Madras HC

Company to pay Rs. 1.68 crore as damages for sexual harassment – Madras HC

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”) was notified on 9th December, 2013. However, even after more than a year of coming into force, it appears from surveys and comments from the Ministry of Women and Child Development in various newspaper reports, that many organizations have still ... Read More
 
POSH: Website for submission of annual reports

POSH: Website for submission of annual reports

The Times of India, on 18th August, 2015 reported that the administration of the district of Gurgaon has written to the state women and child development department requesting them to set up a website which would enable employers to submit an annual report with respect to cases of sexual harassment at workplace, in accordance with ... Read More
 
Sexual Harassment Act : Anniversary Update (2)

Sexual Harassment Act : Anniversary Update (2)

Continued from the previous post ‘Sexual Harassment Act : Anniversary Update‘… Increase in the number of cases of sexual harassment: Further, Times of India,  recently reported that as most of the companies fail to comply with `Sexual Harassment Act 2013′ and take rare interest in establishing the mandatory Internal Complaints Committee, cases of workplace harassment ... Read More
 
Sexual Harassment Act : Anniversary Update

Sexual Harassment Act : Anniversary Update

The Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Sexual Harassment Act”), completed its second birth anniversary on 9th December, 2015. The following are the recent updates at the end of 2 years: The Ministry of Women and Child Development released a Handbook on the Act on the same day to clarify ... Read More
 
How does the working environment of an organization affect an employee?

How does the working environment of an organization affect an employee?

Plato had said that “The beginning is the most important part of the work.” Imagine a young individual, just out of college, newly recruited to an organization – an organization where using abusive language is as much a part of life as drinking water or as common as printing documents, where using crass words and ... Read More
 
Men and women – and the Indian perspective

Men and women – and the Indian perspective

This blog is written mostly with the intent to fathom general opinion on: (1) The reasons that may be responsible for the rising number of sexual harassment complaints in India. Is it that the number of complaints have increased over the last few years because women have started getting sexually harassed more often? Or is ... Read More
 
Sexual Harassment Complaint and Character

Sexual Harassment Complaint and Character

Is character important in deciding a sexual harassment complaint? Is a woman supposed to be blamed if a man makes advances towards her? Should dressing up in western clothes be considered to be provocative dressing? In several cases, not just the alleged harasser but also the internal complaints committee (ICC) members raise a question (and ... Read More
 
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