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Service for Individuals - Advisory Support & Counselling Program

Advisory Support The Act gives the IC the powers of a Civil Court and thus it acts as a quasi-judicial body empowered to summon or enforce the attendance of any person, order the production of documents, and perform any other matter(s) as may be prescribed. Whether you are a Respondents or a Complainants, you will find it difficult to be able to operate through the working of aforesaid quasi-judicial body. Most of the time, during the process, one will not have the full expertise necessary to work efficiently through each stage . Our experts help you to understand in detail the concept and the method. In addition, at each significant juncture, offer tailored guidance and resources to help you plan and appropriately present your case before your organization's IC. Counselling Program Individuals undergoing a POSH inquiry may experience emotional and psychological distress. Following are some of the commonly seen psychological impacts of sexual harassment Self-blame, Irritable Mood...

Service for Corporate - Policy and Process

We design policy is in accordance with the provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. While POSH policy is an employee facing document. The same needs to be supported by a detailed working rules document or Standard Operating Procedure for IC, to ensure smooth and consistent approach to matters at hand. All process in the company have upstream and downstream impact, so does POSH policy and Process. Thus, we help you design the most appropriate upstream and downstream process to ensure smooth functioning. We further, support in developing a governance framework for effective and efficient implementation of the Policy on Prevention of Sexual Harassment. Usually, complainants and respondents reach out their Functional leaders or HR when either encountered with a incident of Sexual harassment or alleged with charges of sexual Harassment . Thus, other than the orientation / training it is important to have a “Playbook” for ...

Right of complainant under POSH ACT 2013

The Protection of Women from Sexual Harassment (POSH) Act, 2013 , is designed to provide a comprehensive framework for addressing and preventing sexual harassment in the workplace. Under this Act, complainants (usually women who have experienced sexual harassment) are granted several rights to ensure their protection, well-being, and the fair resolution of their complaints. Here are the key rights of complainants under the POSH Act: Right to File a Complaint: Complainants have the fundamental right to file a complaint if they believe they have experienced sexual harassment in the workplace. They can do so regardless of their position or employment status in the organization. Right to Confidentiality: The identity of the complainant must be kept confidential throughout the inquiry process to protect their privacy and prevent victimization or retaliation. Right to Protection: Complainants have the right to protection from victimization or adverse actions as a result of filing a compla...

Rights of Accused in POSH ACT 2013

The Protection of Women from Sexual Harassment (POSH) Act, 2013 , primarily aims to prevent and redress sexual harassment of women at the workplace. While the Act is designed to protect the rights and dignity of women who are victims of sexual harassment, it also includes provisions to ensure that the accused individuals are treated fairly and have their rights upheld. Here are some key rights of the accused under the POSH Act: Right to a Fair and Impartial Inquiry:  The accused has the right to a fair and impartial inquiry into the allegations of sexual harassment. The Internal Complaints Committee (ICC) or the Local Complaints Committee (LCC), responsible for conducting the inquiry, must ensure that the process is unbiased and follows the principles of natural justice. Right to Be Informed:  The accused has the right to be informed of the allegations made against them. They should receive a written complaint or notice detailing the charges and any evidence provided by the co...

Unveiling the Legal Framework: Tackling Sexual Harassment in Educational Institutions under CBSE and UGC Guidelines

Educational institutions are meant to be sanctuaries of knowledge and personal growth, where students and staff should feel safe and respected. However, sexual harassment remains a pervasive issue in these environments. Recognizing this problem, the Central Board of Secondary Education (CBSE) and the University Grants Commission (UGC) have implemented guidelines to address sexual harassment and create safer spaces within educational institutions. This article examines the legal framework and initiatives in place to combat sexual harassment within CBSE-affiliated schools and UGC-approved colleges and universities. The Legal Landscape 1. Vishaka Guidelines: In 1997, the Supreme Court of India issued the Vishaka Guidelines, which established the framework for addressing sexual harassment in workplaces, including educational institutions. These guidelines emphasized the need for a safe and secure environment for all. 2. Sexual Harassment of Women at Workplace (Prevention, Prohibition...

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: ...

Five common myths related to the Protection of Women from Sexual Harassment (POSH) Act of 2013

Five common myths related to the Protection of Women from Sexual Harassment (POSH) Act of 2013, along with their accurate answers: Myth 1: The POSH Act applies only to women. Answer: The POSH Act is named primarily to emphasize its focus on protecting women from sexual harassment, but it is not limited to women alone. The Act also covers individuals of any gender who may experience sexual harassment in the workplace. Both men and women are protected under the Act, and anyone can file a complaint if they are subjected to sexual harassment. Myth 2: The POSH Act is only applicable to formal office settings. Answer: The POSH Act is not limited to formal office environments. It applies to all workplaces, including offices, factories, shops, educational institutions, NGOs, and any other place where a person may be employed. It also covers employees, interns, and even visitors or third parties who may be subjected to sexual harassment in the workplace. Myth 3: Only physical harassment cons...