Women and girls with disabilities face a heightened risk of sexual violence, and the workplace is no exception. This vulnerability is exacerbated by the nature of their disabilities, which often hinder their ability to escape or report abuse. Physical disabilities can limit mobility, making it difficult to flee from dangerous situations. Those who are deaf or hard of hearing may be unable to call for help or communicate abuse effectively. Additionally, individuals with intellectual or psychosocial disabilities might not recognize nonconsensual sexual acts as crimes due to a lack of accessible information.

Access to justice and support in the workplace is particularly challenging for women and girls with disabilities. The stigma associated with both their sexuality and disability often results in inadequate support throughout their experiences in the workplace. This lack of support can deter them from reporting abuse or seeking help. As Lalitha Kumaramangalam, former chairwoman of the National Commission for Women, stated, “One of the biggest challenges for women [with disabilities] is access [to services], not just physical but access across the board.”

To address these challenges, legislative amendments have introduced several provisions to safeguard the rights of women and girls with disabilities and facilitate their participation in workplace processes. These provisions include:

• Recording Statements: Women and girls with disabilities have the right to record their statements in a safe and comfortable environment within the workplace.
• Support During Processes: They are entitled to assistance from an interpreter or support person during the recording of complaints and throughout any internal investigations or hearings.
• Accommodations for Communication: This includes access to sign-language interpretation, the presence of a special educator, the use of simple language, and the option to file reports in braille.

Despite these legal protections, support is often inadequate in many workplaces. Many organizations lack the training and resources required to handle such cases effectively, which is a significant barrier to justice. Although the Protection of Children from Sexual Offences Act (POCSO) and the 2013 amendments mandate these accommodations, they are frequently not implemented within corporate policies and procedures.

The Rights of Persons with Disabilities Act, adopted by India’s parliament in December 2016, marks a significant step forward. This act protects all persons with disabilities from abuse, violence, and exploitation, and outlines specific measures for appropriate workplace accommodations and support.

While these legislative measures are critical, there is still much work to be done to reform workplace policies and ensure equal access to justice for women and girls with disabilities who are survivors of sexual violence. These cases should no longer remain in the shadows. By continuing to advocate for and implement necessary reforms, we can help ensure that all individuals, regardless of their abilities, can work in a safe and supportive environment.

Tips for the Internal Committee (IC)

The Internal Committee (IC) plays a crucial role in addressing and preventing sexual harassment in the workplace. Here are some tips for the IC to effectively support persons with disabilities:

1. Understand the Needs of Disabled Employees: Gain a comprehensive understanding of the specific needs and challenges faced by employees with disabilities. This can be achieved through training sessions and consultations with disability rights experts.
2. Provide Accessible Reporting Mechanisms: Ensure that all reporting mechanisms are accessible to employees with disabilities. This includes providing options for verbal, written, and digital reports, as well as ensuring that all forms are available in accessible formats such as braille and easy-to-read language.
3. Ensure Confidentiality and Privacy: Maintain strict confidentiality of all complaints and ensure that the privacy of complainants is protected throughout the investigation process. This is crucial to encourage reporting and protect the dignity of the complainants.
4. Offer Support Services: Provide necessary support services, such as counseling and legal assistance, to employees with disabilities who report harassment. This support should be tailored to meet the specific needs of the individual.
5. Train Committee Members: Regularly train IC members on disability rights, the specific challenges faced by employees with disabilities, and the best practices for handling complaints from disabled individuals. This will help ensure a sensitive and informed approach to each case.
6. Collaborate with Disability Experts: Include disability rights experts or advocates as part of the IC or as external consultants. Their expertise can provide valuable insights and guidance in handling cases involving employees with disabilities.
7. Monitor and Review Policies: Continuously monitor and review workplace policies to ensure they are inclusive and effective in preventing sexual harassment. Seek feedback from employees with disabilities to identify areas for improvement.

By implementing these tips, the Internal Committee can create a more inclusive and supportive environment for all employees, ensuring that those with disabilities receive the protection and justice they deserve.

Please reach out to us for any queries on preventing sexual harassment of persons with disabilities.

For more blogs and articles, visit our official website. Contact us for workshops and queries related to POSH, EAP (Employee Assistance Program,) and Diversity and Inclusion.

Sources

• Human Rights Watch, “Invisible Victims of Sexual Violence: Access to Justice for Women and Girls with Disabilities in India”​ (Human Rights Watch)​
• Rights of Persons with Disabilities Act, 2016​ (Mondaq)​
• Lalitha Kumaramangalam’s statement, December 2015​ (Human Rights Watch)

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Sexual harassment affects women around the world, regardless of where they live or work. In India, the government recognized the urgency of tackling this issue and took a substantial step in the right direction back in 2013.

India introduced the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, often referred to as the POSH Act, to ensure women have a safe and respectful workplace free from sexual harassment.

In India, recognizing the urgent need to address this pervasive problem, the government took a significant step by enacting the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013, often referred to as the POSH Act. This landmark legislation strives to provide women with a secure and respectful working environment, one free from the scourge of sexual harassment.

The importance of the Indian Anti-Sexual Harassment Act cannot be overstated. It goes beyond the realm of law and legislation; it represents a significant milestone in the fight for gender equality and the protection of women’s rights in the workplace. Through this comprehensive Act, India aims to create an environment where every woman can work without fear, knowing that her dignity and rights are upheld. This introduction sets the stage for our journey into the depths of the POSH Act and its multifaceted impact on women’s lives and the workplace.

Safeguarding Dignity and Rights

The main goal of the POSH Act is to protect the dignity and rights of women at work. It’s a statement that every woman deserves respect and professionalism. By setting up rules to handle sexual harassment complaints, this law gives women the tools to stand up for their rights, making sure their voices are heard and their grievances are properly addressed.

Creating Safer Workplaces

The POSH Act plays a crucial role in making workplaces safer and more inclusive. Employers are legally required to prevent and address sexual harassment incidents, which fosters a positive environment for everyone. For companies with ten or more employees, they need to establish an Internal Committee (IC) to handle complaints, conduct investigations, and recommend necessary actions. This proactive approach makes it clear that sexual harassment is unacceptable, making workplaces safer for women.

Promoting Gender Equality

Gender equality is a fundamental principle in India, and the POSH Act reinforces this by addressing the power dynamics that often contribute to sexual harassment. It recognizes that women often face a disproportionate impact from such behavior and strives to level the playing field. This Act sends a strong message that women deserve respect, no matter their position or role.

Encouraging Reporting and Redressal

One vital aspect of the POSH Act is its focus on encouraging victims to report sexual harassment incidents. The Act provides a comprehensive framework for reporting complaints, ensuring confidentiality and protecting the complainant’s identity. By providing a secure platform to report harassment, it encourages more women to come forward and seek help. This not only supports individual victims but also deters potential harassers, reducing such incidents overall. Employers are also required to report annually on the number of complaints received and actions taken.

Accountability and Disciplinary Action

The Act holds both employers and harassers accountable for their actions. Employers must establish the IC and provide them with the necessary tools to function effectively. The IC is required to take prompt and appropriate action upon receiving a complaint, conduct a fair investigation, and issue a reasoned order. Employers must follow through on the IC’s recommendations, ensuring that they actively prevent sexual harassment, including false allegations. Penalties for non-compliance emphasize the seriousness of the issue and the need for swift action.

Prevention through Awareness and Training

Prevention is key in the fight against sexual harassment. The POSH Act recognizes the importance of awareness and training in preventing such incidents. Employers are required to conduct regular workshops, training programs, and awareness campaigns to educate employees about their rights and responsibilities. They must also create and share a POSH policy, promoting gender-sensitive workplaces.

One best practice is to combine POSH and Gender Sensitization sessions. While POSH ensures compliance, gender sensitization helps build a culture of inclusion. These initiatives sensitize the workforce, foster empathy, and cultivate a culture of respect and dignity towards women.

Extended Protection beyond the Workplace

While the POSH Act primarily focuses on workplace sexual harassment, it also provides protection to women beyond the office premises. It covers sexual harassment during work-related events, off-site conferences, or training programs, ensuring that women are safeguarded in professional settings regardless of the physical location.

After the pandemic, awareness campaigns reminded employees that the Act applies to virtual workplaces too. This extended protection shows the Act’s commitment to addressing all forms of sexual harassment faced by women in their professional lives, whether physical or virtual.

Empowering Equality, Eradicating Harassment

The Indian Anti-Sexual Harassment Act of 2013 is a significant milestone in the fight against sexual harassment and the protection of women’s rights in India. By establishing a legal framework to address workplace sexual harassment, the Act promotes gender equality, creates safer environments, and encourages reporting and redressal.

It emphasizes the need for awareness, prevention, and accountability, holding employers and harassers responsible for their actions. As India continues to strive for a society free from sexual harassment, the implementation and effective enforcement of this Act remain crucial for the well-being and empowerment of women in the workplace. An inclusive workplace is essential for all employees to thrive, not just women in the workplace.

Please reach out to us for any queries on Understanding the Importance of the Protection of Women under the Indian Anti-Sexual Harassment Act.

For more blogs and articles, visit our official website. Contact us for workshops and queries related to POSH, EAP (Employee Assistance Program,) and Diversity and Inclusion.

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Members of the Internal Committee (IC) may not initially be aware of the roles and powers of the IC. However, as they join the IC and begin their training, they may realize that the pursuit of knowledge is an ongoing journey. The more they learn, the more they discover there is to learn.

This blog aims to provide readers with a glimpse into the vast sea of knowledge related to the IC’s responsibilities. If you are an IC Member, it is meant to encourage you to seek further, in-depth wisdom through additional training and education.

As per the Sexual Harassment of Women at Workplace (PPR) Act, 2013,

Roles & Responsibilities of the Presiding Officer:

The Presiding Officer (PO), a senior female employee, holds a pivotal role in the functioning of the IC:

• She provides leadership and direction throughout the inquiry.
• Presides over IC meetings, ensuring they are fair, effective, and compliant with the POSH Act.
• When a complaint is received, she initiates the inquiry by selecting IC Members to investigate the case, deciding who will handle it.
• She oversees the investigation process, making sure the committee gathers evidence, conducts interviews, and collects necessary documents for a thorough examination.
• Ensures strict confidentiality of the complainant, respondent, and witnesses throughout the inquiry.
• Ensures that the inquiry is conducted within the prescribed timeframes, adhering to deadlines for completing the investigation and submitting the final report.

The Presiding Officer (PO) holds several critical responsibilities within the IC:

• Ensures impartiality in the inquiry, treating both the complainant and respondent fairly and equally.
• Ensures all proceedings, discussions, evidence, and findings are meticulously documented for future reference.
• Collaborates with the committee to prepare a report with recommendations based on the investigation’s findings, if necessary.
• If both parties are employees, shares the findings with them and allows time for their input.
• Submits the inquiry report, containing findings and recommendations, to the employer and both parties.
• Supervises the implementation of recommendations and actions to prevent further instances of sexual harassment.
• Consults with all inquiry members to ensure their contributions add value to the inquiry process and decisions made by the IC.
• Acts as the signatory for the Annual Report under Section 21, although it may also be signed by other members.
• Ensures it is submitted to the employer and the District Officer.

The Presiding Officer plays a crucial role in making sure the Internal Committee works well and follows the rules of the POSH Act. In addition to this, she can take steps to raise awareness about preventing sexual harassment, educate employees about their rights and responsibilities, and make the workplace safe.

Roles & Responsibilities of 2 or more IC members who are from among the employees are:

The committee members should ideally have a strong commitment to women’s issues, experience in social work, or legal knowledge. The word ‘preferably’ suggests that these qualifications aren’t mandatory but would be beneficial, depending on each member’s knowledge, expertise, and experience. These members are expected to support the Presiding Officer in all the responsibilities listed earlier. Moreover, they should actively participate and contribute to the successful implementation of the SHWW (PPR) Act 2013.

Role & Responsibilities of 1 member from an external source are:

The Internal Committee (IC) comprises internal members who are employees of the organization and an external member who is not employed by the organization but is chosen for their expertise and impartiality. This external member could be from an NGO, a women’s advocacy group, or someone with knowledge and experience in addressing sexual harassment issues.

• The POSH Act includes this role because the external member, not being an employee, brings neutrality and independence to the IC. This helps ensure that IC members are not influenced or pressured by their organization.
• Having this external member inspires trust and confidence in the parties involved in the process, and all parties should consider their input during hearings.
• The presence of the external member in the IC and its inquiries is crucial, and not having this member in the inquiry process would undermine the integrity of the investigation.
• Excluding this member may even result in the IC not adhering to the fundamental principles of natural justice.
• This external member can assist in identifying and addressing potential biases or conflicts of interest among committee members during investigations.
• The external member also conducts regular meetings with the IC to review complaints received, investigations conducted, and actions taken.
• Furthermore, an experienced external member who participates in multiple committees can share industry best practices, contributing to the prevention of sexual harassment incidents.

For each case inquiry, a minimum of three IC members must be present to form a quorum. This quorum should consist of the Presiding Officer (PO) and two additional members.

In carrying out their unique roles, all IC members work together to ensure that the committee adheres to the principles of natural justice and follows the guidelines outlined in the POSH Law.

Please reach out to us for any queries on Role of Internal Committee Members as per Anti-Sexual Harassment Act.

For more blogs and articles, visit our official website. Contact us for workshops and queries related to POSH, EAP (Employee Assistance Program,) and Diversity and Inclusion.

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In a domestic inquiry, which is an internal investigation conducted by an organization to address workplace misconduct or disciplinary issues involving its employees, various interviewing techniques can be employed. The two primary interviewing techniques are:

One-on-One Inquiry

• Common and straightforward interviewing technique
• Involves conducting individual interviews with each of the involved parties separately.
• The investigator speaks privately with the complainant, witnesses, and the accused employee to gather their accounts of the incident
• One-on-one inquiries provide privacy, allow each individual to share their perspective openly, and reduce the chances of intimidation or influence from others.

Tandem inquiry

• Parallel inquiry is being conducted where the parties are seated in adjacent rooms and the inquiry committee will move from one room to another in tandem.
• This approach is used in more complex cases or highly sensitive situations.
• Beneficial in capturing more comprehensive information, cross-verifying statements, and providing a support system during emotionally charged interviews.
• Tandem inquiries may help minimize potential leakage of information and give less time for parties to tweak their statements.

Other Inquiry techniques

Group Inquiry: 

• The investigation might involve a group of employees who witnessed the incident together or have related information.
• Brings all relevant parties together for questioning, which can be useful in establishing collective narratives or identifying inconsistencies.

Follow-up Inquiry:

• After initial interviews, follow-up inquiries might be necessary to clarify certain points or gather additional information that emerged during the investigation process.
• Follow-ups can help tie up loose ends and ensure a comprehensive understanding of the case.

Anonymous Inquiry:

• In certain situations – employees might fear retaliation for speaking up, so an anonymous inquiry mechanism can be established.
• Allows individuals to provide information without revealing their identity, fostering a safe environment for sharing crucial details.

Cross-Examination

• Cross-examination is a process during an inquiry where the IC, questions the opposing party’s witness.
• It occurs after the witness has already been questioned by the IC who called them to the interview (known as direct examination).
• The purpose of cross-examination is to challenge or test the credibility, reliability, and accuracy of the witness’s testimony and to elicit additional information that may be beneficial to the cross-examiner’s case.

Key characteristics of cross-examination

Leading Questions: Cross-examination usually involves asking leading questions, which are questions that suggest the desired answer or contain the information the cross-examiner wants to establish. This allows the cross-examiner to maintain more control over the witness’s responses.

Challenging Testimony: The cross-examiner may challenge the witness’s version of events, memory, or knowledge, seeking inconsistencies or weaknesses in their testimony.

Impeachment: Cross-examination often involves attempting to impeach the witness’s credibility by pointing out prior inconsistent statements, bias, interest in the case’s outcome, or possible motives to lie.

Limited Scope: Cross-examination is generally limited to the topics covered during direct examination, focusing on specific points to challenge or clarify the witness’s testimony.

Objections: The alleged harasser may raise objections during cross-examination, such as objections to leading questions or questions beyond the scope of direct examination. The IC will rule on these objections to maintain fairness and relevance.

Opportunity for Clarification: The IC may use the opportunity to clarify any ambiguities or contradictions that arose during direct examination.

The main objective of cross-examination is to cast doubt on the credibility and accuracy of the witness’s testimony or to highlight favorable information for the case. It can be a critical phase of a PoSH inquiry, as it allows each side to challenge the evidence presented by the other and helps the IC in their decision-making process.

Please reach out to us for any queries on Interview Techniques in a PoSH Case Inquiry.

For more blogs and articles, visit our official website. Contact us for workshops and queries related to POSH, EAP (Employee Assistance Program,) and Diversity and Inclusion.

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INTRODUCTION

Social media, this word has transitioned from once being the talk of the town to now becoming synonymous to communication. It has crept into our lives in such a way that it is impossible to imagine a day without it. In India, as of 2022, 467 million active social media users, that’s up 4.2% compared to the stats in 2021. That means no one is alien to its existence. With it being the medium to greet everyone GOOD MORNING to wish birthdays, in recent years it has also shown its ugly sight by it becoming a way to scam innocent users and often we hear complaints about them being harassed online. So, naturally one asks the question whether a screenshot can become evidence to file a complaint. In the rest of this article, we’ll try to answer this question briefly.

THE LAW

It is coded in the Indian Evidence Act of 1872, specifically in Section 65A of the Indian Evidence Act, that yes, electronic evidence are admissible if they satisfy certain conditions which are mentioned in Section 65B of the same act.

1. The court must see the electronic record in person.
2. A certificate identifying the electronic record containing the information and outlining its creation procedure must be included with the electronic record.
3. A person in an official position responsible for the device’s operation or the supervision of the pertinent activities must sign the certificate.
4. The person presenting the electronic record must provide an accurate and comprehensive representation of the data included in the electronic record as evidence.

THE LAW’S APPLICATION IN CONTEXT TO A WHATSAPP MESSAGE

Therefore, if one wants to use a WhatsApp message as evidence, then it must satisfy the above stated conditions. So, the WhatsApp message must be submitted in electronic form before the hon’ble court. A document that identifies the electronic record containing the WhatsApp message and details how it was created must be provided along with the electronic record containing the message and a certification must be signed by an individual taking up a responsible official position.

There are several instances wherein, the hon’ble courts of India faced the question of whether WhatsApp is acceptable as evidence or not and through various judgements they have answered this query.

For instance, In the case of Anvar P.V. v. P.K. Basheer, the Supreme Court of India held that as long as the Indian Evidence Act’s rules are followed, electronic records like WhatsApp chats can be used as evidence in court. The court additionally ruled that computer programmes like hash values or digital signatures can be used to prove the validity of electronic records.

Also, the Supreme Court has cited WhatsApp chats as proof in Ambalal Sarabhai Enterprise Ltd. v. KS Infraspace LLP Limited and Another and stating that “the WhatsApp messages which are virtual verbal communications are a matter of evidence with regard to their meaning and its content to be proved during the trial by evidence in chief and cross-examination.”

But we must know that WhatsApp is secondary evidence in nature and not primary evidence. This means that unlike primary evidence they aren’t the best source of information and they can’t be admitted if they don’t meet the conditions laid down in section 65 of the Indian Evidence Act.

That is why a WhatsApp forward message lacking a known source was not considered as evidence by the Delhi High Court in the case titled National Lawyers Campaign for Judicial Transparency and Reforms v. Union of India.  As the court ruled that such a forwarded message cannot be treated as a “document” under the Evidence Act without the original (original source).

Concluding this article, there is no black-and-white answer to whether WhatsApp messages can be considered as evidence or not. The message shall only be considered as evidence only if it fulfils the legal requirements.

ITS IMPLICATION ON SEXUAL HARASSMENT CASES

Today, when everything is connected via technology, the relevance of private messaging apps has grown significantly. WhatsApp is a need for all of us to do our daily business. Additionally, WhatsApp and other social media platforms are used in the crimes. The number of cybercrimes is rising daily. Even online, women are frequently harassed, abused, and trolled.

Most of the victims find it difficult to gather evidence for cases of sexual harassment as most of them occur when no one is around. But the fact that WhatsApp messages are considered evidence not just in Internal Committee’s proceedings but also in the courts, is a sign of relief as the scope of justice is not limited to the four walls of IC.

The reason behind the emergence of the POSH Act was to keep up with the contemporary world we live in. To accept the fact that workplaces do have a tendency to become toxic towards their female employees. The fact that not just the POSH Act, but also the Indian Judicial System is leaving no stone unturned to keep up with time, is assuring that justice won’t be obstructed by the everchanging technology around us.

ABOUT THE AUTHOR

Hemansh Tandon is an advocate based in Delhi. He is an avid reader and has a keen interest in writing prose and verses.

REFERENCES

1. https://www.statista.com/statistics/284436/india-social-media-penetration/#:~:text=Social%20network%20penetration%20India%20Q3%202022&text=Growing%20digitalization%20efforts%20combined%20with,were%20active%20social%20media%20users.
2. https://www.localcircles.com/a/press/page/indian-women-internet-usage-survey
3. https://www.mondaq.com/india/arbitration–dispute-resolution/1280114/electronic-evidence–revisiting-the-basics#:~:text=Proving%20contents%20of%20Electronic%20Records&text=The%20aforesaid%20ambiguity%20is%20removed,record%20produced%20is%20in%20question%22.
4. https://www.indiacode.nic.in/bitstream/123456789/15351/1/iea_1872.pdf
5. https://corporate.cyrilamarchandblogs.com/2021/01/supreme-court-on-the-admissibility-of-electronic-evidence-under-section-65b-of-the-evidence-act/
6. https://lumierelp.com/articles/admissibility-of-e-evidence-are-whatsapp-chats-admissible-in-court/
7. https://sociallawstoday.com/are-whatsapp-chats-admissible-in-court/#ADMISSIBILTY_OF_ELECTRONIC_RECORD_UNDER_INDIAN_EVIDENCE_ACT
8. https://www.legalserviceindia.com/legal/article-5124-exploring-the-concept-of-primary-and-secondary-evidence.html#:~:text=Primary%20evidence%20is%20the%20main,exception%20to%20the%20general%20rule.
9. Are WhatsApp Chats Admissible in Court? – Social Laws Today

Please reach out to us for any queries on evidences in sexual harassment cases.

For more blogs and articles, visit our official website. Contact us for workshops and queries related to POSH, EAP (Employee Assistance Program,) and Diversity and Inclusion.

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𝑾𝒉𝒆𝒏 𝒐𝒏𝒆 𝒆𝒏𝒅𝒆𝒂𝒗𝒐𝒓𝒔 𝒕𝒐 𝒄𝒓𝒆𝒂𝒕𝒆 𝒔𝒂𝒇𝒆 𝒂𝒏𝒅 𝒉𝒂𝒓𝒎𝒐𝒏𝒊𝒐𝒖𝒔 𝒘𝒐𝒓𝒌𝒔𝒑𝒂𝒄𝒆𝒔, 𝒂 𝒉𝒂𝒓𝒎𝒇𝒖𝒍 𝒄𝒓𝒆𝒆𝒑𝒆𝒓 𝒕𝒉𝒂𝒕 𝒈𝒓𝒐𝒘𝒔 𝒊𝒏 𝒕𝒉𝒆 𝒄𝒐𝒏𝒄𝒓𝒆𝒕𝒆 𝒋𝒖𝒏𝒈𝒍𝒆𝒔 𝒐𝒇 𝒐𝒇𝒇𝒊𝒄𝒆𝒔 𝒊𝒔…

Your guess is as good as mine!

𝐆𝐎𝐒𝐒𝐈𝐏

💥-The vehicle of false information
💥-The drain on everyone’s time
💥-The breeding ground for bullying, harassment, and discrimination.

𝐈 𝐜𝐚𝐦𝐞 𝐚𝐜𝐫𝐨𝐬𝐬 𝐚𝐧 𝐢𝐧𝐭𝐞𝐫𝐞𝐬𝐭𝐢𝐧𝐠 𝐰𝐫𝐢𝐭𝐞-𝐮𝐩 𝐨𝐧 𝐭𝐡𝐢𝐬 𝐭𝐨𝐩𝐢𝐜 𝐚𝐧𝐝 𝐟𝐨𝐮𝐧𝐝 𝐢𝐭 𝐬𝐨 𝐫𝐞𝐥𝐞𝐯𝐚𝐧𝐭.

So here goes..

Here’s why you should not GOSSIP, according to Socrates

In Ancient Greece, Socrates had a great reputation of wisdom.

One day, someone came to the great philosopher and said:
– Do you know what I just heard about your friend?
– A moment, replied Socrates.
– Before you tell me, I would like to test you the three sieves.
– Before telling anything about the others, it’s good to take the time to filter what you mean.
– I call it the test of the three sieves.
1️⃣The first sieve is the TRUTH. Have you checked if what you’re going to tell me is true?
2️⃣The second sieve, is that of KINDNESS. What do you want to tell me about my friend, is it good?
3️⃣The test of the third sieve is that of UTILITY. Is it useful that I know what you’re going to tell me about this friend?
– Not, really on all counts.

– So, concluded Socrates,
What you were going to tell me is neither true, nor good, nor useful
Why, then, did you want to tell me this?

“𝐆𝐨𝐬𝐬𝐢𝐩 𝐢𝐬 𝐚 𝐛𝐚𝐝 𝐭𝐡𝐢𝐧𝐠. 𝐈𝐧 𝐭𝐡𝐞 𝐛𝐞𝐠𝐢𝐧𝐧𝐢𝐧𝐠 𝐢𝐭 𝐦𝐚𝐲 𝐬𝐞𝐞𝐦 𝐞𝐧𝐣𝐨𝐲𝐚𝐛𝐥𝐞 𝐚𝐧𝐝 𝐟𝐮𝐧, 𝐛𝐮𝐭 𝐢𝐧 𝐭𝐡𝐞 𝐞𝐧𝐝, 𝐢𝐭 𝐟𝐢𝐥𝐥𝐬 𝐨𝐮𝐫 𝐡𝐞𝐚𝐫𝐭𝐬 𝐰𝐢𝐭𝐡 𝐛𝐢𝐭𝐭𝐞𝐫𝐧𝐞𝐬𝐬 𝐚𝐧𝐝 𝐩𝐨𝐢𝐬𝐨𝐧𝐬 𝐮𝐬, 𝐭𝐨𝐨!”

For more blogs and articles, visit our official website.  Contact us for workshops and queries related to POSH, EAP (Employee Assistance Program,) and Diversity and Inclusion.

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Why POSH Posters? 

The PoSH Act, 2013, sec 19(b) mandates that every employer / IC committee display the penal consequences of sexual harassment and the constitution of the Internal committee. By Displaying posters you are prohibiting sexual harassment at workplace.  Please remember even interviewing candidates or visitors need to be protected in your workplace. The posters need to be accessible to them with the POSH Committee contact details.

Benefits of PoSH Display Posters:

• Creates Awareness among the employees, Visitors
• Victims will know where and how to complaint
• Penal consequences of sexual harassment
• Having the latest IC member details helps employees to easily approach the committee.

Where to display a poster?

• Display them in conspicuous areas like the lobby, cafeteria, elevators, etc.
• Display in areas where employees and visitors will have access. Please remember even interviewing candidates or visitors need to be protected in your workplace.
• To be displayed in every branch office where there are more than 10 employees.
• To be displayed by all stores, institutions, hospitals, organizations, private or public.   

Sample format of poster:

• Please find below a sample PoSH poster. Kindly update the common email id, your company logo and IC member’s details in the Poster.
• Print the posters in A4 or A3 size sheets and display them in conspicuous areas like the lobby, cafeteria, elevators, etc.

Are you Compliant?

• Does your poster have the latest IC names and their updated contact details?
• Have you displayed it in all your branch locations in conspicuously?

If Yes, please reply to this email and confirm to us. Please reach out to us for any queries on posters or compliance to POSH.

For more blogs and articles, visit our official website. Contact us for workshops and queries related to POSH, EAP (Employee Assistance Program,) and Diversity and Inclusion.

The post Importance of posters on POSH Act appeared first on Prevention of Sexual Harassment, Inclusive Diversity, Employee Assistance Program | CecureUs | Chennai.

9^th December is the anniversary of the impactful PoSH Act, aimed at eliminating cases of sexual harassment in the workplace. The act holds organizations and managers responsible for a safe workplace environment, mandating awareness amongst employees regarding safety measures. 7-8% of employees are victims of sexual harassment in the workplace, but only 1% report their grievances. For the complete prevention of sexual harassment, the victims and witnesses need to gather the courage to report such cases.

Abiding by the PoSH guidelines under Section 19 puts compliance duties on the employer. The managers are obliged to create a detailed workplace policy against sexual harassment and ensure awareness amongst the employees. It also involves displaying informative posters and submitting annual sexual harassment reports.

Organizations are required to have an Internal Complaints Committee (IC) and submit 2 kinds of annual reports. The 1^st Report should include no. of complaints received and disposed of, pending cases, and no. of workshops held. Under the 2^nd Report, the employer includes information about the number of complaints received and disposed of.

Here are some common questions regarding annual report filings.

1. What are the statistics from the compiled annual report filings? 

From 2013-2017, there is no data maintained regarding sexual harassment cases. However, in 2017, 1971 cases of sexual harassment of women in the workplace were mentioned. 42% of these came from Uttar Pradesh, 13% from Delhi, and 7% from Maharashtra.

Sexual harassment cases have been more prevalent in banking institutes as compared to the IT industry. The former accounted for a majority of the PoSH complaints through FY21-22.

2. How can organizations with multiple branches file their annual report? 

Organizations with multiple branches should have their respective IC file and submit their annual report to the employer, who will then submit all reports to the respective district offices.

However, it is possible to have a central IC, with representatives in branches handling the annual report. The annual report can be submitted as a compiled document for the entire organization.

3. How can organizations comply with different state guidelines? 

Employers should stay up to date with the trends and guidelines of their respective state or district offices. Annual reports do not require a complicated structure, eliminating the need for an exhaustive methodology in filing the report. The questions included are highly specific and straightforward, saving time and avoiding confusion.

4. Is it okay to submit the report through a registered post? Where are we supposed to submit it? 

While it is agreeable to submit the annual report through a registered post, it is advisable to hand deliver the report to the district collector’s office and collect the official stamp on an acknowledgement copy.

Companies are supposed to identify their District collector’s office as per the nearest postal code. For example, Mumbai has 2 district collector’s offices—Bandra and Mantralaya. Companies in south Bombay submit their report to the Mantralaya, while those in the suburbs deliver it to Bandra.

5. Are organizations genuinely PoSH compliant? 

Amidst the growing awareness around sexual harassment, a staggering proportion of organizations simply follow PoSH guidelines for the legalities associated with it. Approximately 30% of companies are just compliant for the sake of following formalities, instead of showcasing an active drive against sexual harassment.

There are a significant number of organizations in smaller towns and family run business who do not want to be compliant and fear instilling new ideas into their employees mind by being compliant.Focus on the quality of training sessions and workshops is more important than just hosting the sessions without proper supervision.

6. Does an external consultant to the IC need to be from an NGO, psychologist, or lawyer? 

The law does not mandate the external consultant or member of the IC to be from an NGO or be a professional psychologist/lawyer.

Any liberal social rights activist, known to be driven for the cause is suitable to act as an external member of the company IC. It’s more important that the member knows the law, has practical experience in the field and believes in the cause. Not necessary that they need to be a lawyer or a NGO.

7. Is the sexual harassment act a Criminal act? 

The act comes under the Civil Act and is handled under the civil court of procedures. However, the power is on the victim to decide whether they wish to seek redressal within the Indian Penal Code or the PoSH act.

8. Is it mandatory to have an external member in your IC? 

Yes, the law mandates every IC to have an external member to create a neutral and unbiased point of view in the group. The Court of Law does not entertain pleas from ICs that lack an external opinion in their team.

9. Who signs the annual report of the district offices? 

The presiding officer of the IC is responsible to send the report to the manager or the employer. This higher authority then submits the report to the district office.

 10. Can IC processes be in virtual mode? 

Post the pandemic era, many processes have become virtual. Thus, it is permissible by law to make the IC processes virtual. However, ensure that your organization hosts the proceedings effectively and does not turn them into a formality.Offline meetings and IC gatherings are always more impactful, given the added personal touch, and the ability to read body language. Being a sensitive topic, the physical environment matters greatly in this scenario.

11. Is it necessary for the complainant to provide evidence?

 The IC does have the capability to gather evidence post a complaint. They can access technical records, track social media history, or conduct experimental sessions to gather relevant information. The complainants are not mandated to bring in evidence with themselves, although it is highly advisable to do so. Workshops and training sessions should therefore encourage employees to actively collect evidence in any form when facing sexual harassment.

12. How many male members are needed? 

The law mandates the IC to be at least 50% women-led. The rest of the positions can be held by men. It is advisable to have minimally 1 male member on the committee to bring an equal outlook and perspective. Male respondents or even complainants might feel dominated by an all-female committee and fail in sharing information comfortably. The presence of the male party also reduces the possibility of false reports as the innocent respondents get some support.

13. What if the management does not implement the recommendation? 

The implementation is required to happen within 60 days of filing the report. If the complainant notices a lack of action from the management, they can file a lawsuit against them. The management will therefore have to face the legal implications of its non-implementation. Preventing sexual harassment is a necessity in every workplace. Every employee deserves a safe official environment, and following the PoSH guidelines helps organizations build the same.

Consequently, it’s vital to file the annual PoSH report, describing your workplace scenario for an improved tomorrow.

To grasp a clear understanding of how to file the PoSH annual report, follow this template. It also includes the PoSH Law and addresses the various district offices in India.

For compliance to POSH or any queries on Annual report filing, write to connect@cecureus.com. For more blogs and articles, visit our official website.  Contact us for workshops and queries related to POSH, EAP (Employee Assistance Program,) and Diversity and Inclusion.

The post Prevention of Sexual Harassment—Annual Report Filing FAQ’s appeared first on Prevention of Sexual Harassment, Inclusive Diversity, Employee Assistance Program | CecureUs | Chennai.

In a lot of the Sexual harassment cases that I have handled, witnesses play a crucial role. Some witnesses open up and some don’t. Some need a lot of cajoling to speak and assurance of confidentiality.

Types of Witness that I have experienced:

• Fearless Witness – telling the truth and taking the side of justice.
• Hostile Witness – Unwilling to tell the truth. trying to protect the oppressor and save their own job.
• Aloof Witness – I don’t care as long as I am safe. I will not take sides.

This is the quote that comes to my mind when I think about the responsibilities we all have as Witness/bystanders.👥

“If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse, and you say that you are neutral, the mouse will not appreciate your neutrality.”

— Archbishop Desmond Tutu

As an adult, Speak up even if the victim is a stranger. Your silence empowers the oppressor. It deepens the roots of Toxic work culture.

3 simple ways, Bystanders can support the victim:

1. Direct – Directly raise your voice and ask the oppressor to stop.
2. Distract – Distract by asking for directions or asking if you can use their phone for a call.
3. Delegate – Delegate to someone in authority to stop the incident.

Safety is a roof that can stand only if we agree to become pillars.🤝

Here is a lovely video from the UN, to suggest simple ways that witnesses can support.

Have you witnessed harassment? How did you react? Please leave a comment below or write to connect@cecureus.com. For more blogs and articles, visit our official website. Contact us for workshops and queries related to POSH, EAP (Employee Assistance Program,) and Diversity and Inclusion.

The post Witness- Bystanders – Upstanders appeared first on Prevention of Sexual Harassment, Inclusive Diversity, Employee Assistance Program | CecureUs | Chennai.

There is an essential difference between being friendly and making people uncomfortable. It’s common to have doubts about the intentions of an overly-friendly colleague. But there are clear indicators of what constitutes sexual harassment and what does not. A clear understanding of harassment behavior is vital for a healthy workplace environment.

More than 50% of India’s working population admits to having faced sexual harassment. However, most victims remain silent about their plight for fear of job loss and other consequences. Whether you’re the victim or a witness, it’s important to identify and report harassment cases. 

Indicators of sexual harassment 

Sexual harassment at a workplace generally constitutes unwelcomed and unsolicited behavior towards someone in a physical, non-verbal, or verbal manner. Repetitive uncomfortable events or even a single case, if severe enough, can be termed as sexual harassment.

Activities can range from inappropriate touching and lewd comments to looks and advances. Any unwelcome behavior that creates a hostile and unsafe environment constitutes sexual harassment. Unfortunately, victims are often unaware of subtle inappropriate behavior, which builds up to severe cases.

The workplace is a highly professional atmosphere, and people should have no reason to feel insecure and unsafe. Therefore, it’s crucial to understand and identify these clear indicators of sexual harassment behavior.

• Inappropriate and unnecessary physical contact and invasion of personal space. Brushing up against a person, intimate and lingering contact are unwarranted.

• Unsolicited and lewd comments on psychical appearance. Compliments that go beyond being friendly and make you uncomfortable.

• Quid Pro Quo demands. Including asking for a sexual favor in return for a promotion or any form of assistance.

• Consistent and forced flirting without any consent. Romantic advances should be discontinued when there is no retaliation. 

What does not constitute sexual harassment? 

Since the workplace involves genders co-existing in a closed environment, it becomes difficult to differentiate sexually inappropriate behavior from non-sexual advancements. Confusion is warranted as the lines can sometimes overlap. Many workplace officers, especially managers, often worry about freely interacting with the opposite gender without making them uncomfortable.

Here are some quick checks to know what does not fall under sexual harassment:

• Work-Related Questions. Communicating about work performance or meeting deadlines. Questions on the quality and volume of work are professional.

• Late-Night Emergency calls. Occasional and urgent late-night calls for work, project deadlines, and work-related news are not harassment.

• Professional or friendly handshakes used for greetings or meetings as part of a deal are common workplace ethics.

• There is a clear difference between sexual remarks and compliments. General, friendly compliments that do not go overboard are considered consensual.

• Questioning violation of code of conduct. Questions regarding violating the code of business conduct or disciplinary policies are part of the work environment. 

• Well-intended constructive feedback directed toward the project and work results, and not the person, is welcomed and appropriate. 

• Personal Questions. The workplace has the right to know relevant personal information about your address and contact information for your employment.

There’s a wide variety of ways for healthy interaction and communication with your colleagues and employees of the opposite gender. Comfortable, friendly, and professional interactions are far from being misinterpreted as sexual harassment.

For you to know: Litmus Test 

As a manager or employee, there can be instances where you unintentionally make your colleague uncomfortable. People constantly live over the fear that they might offend someone when they have no wrong intentions.

There are practical ways to identify if a person feels sexually threatened or uncomfortable because of their behavior or certain activity. It’s vital to understand if you are unknowingly coming off as inappropriate.

This Litmus Test is a quick and straightforward method to note a person’s response to your behavior and identify if they feel unsafe. Ask yourself these questions to clarify if you’re violating a person’s private space.

• Watch for negative body language.

If they are visibly repulsive with their body language when conversing with you, they are feeling uncomfortable. Stepping back when you lean in to speak, crooked smiles at jokes and remarks are indicators of insecurities.

• Will I be okay if the same behavior is done to my family or me?

Look back and rethink your actions and comments. Imagine that the same thing was done to you or your family members. If the thought of this makes you uncomfortable or anxious, you have your answer.

• Will I behave the same in front of my children?

We’re at our best, most composed selves in front of our children. Ask yourself if you would behave in the same way in front of your children as you did at work.

• Is it okay if my action is reported to HR or Social Media?

Insecurity and anxiety about your actions being reported to the authorities are closely related to guilt. You would not be worried about reporting if you knew your behavior was not wrong. The reflective questions help assess if you’re unintentionally making your colleagues or employees sexually uncomfortable.

If this article interests you, leave a comment below or write to connect@cecureus.com. For more blogs and articles, visit our official website. Contact us for workshops and queries related to POSH, EAP (Employee Assistance Program,) and Diversity and Inclusion.

The post What is Sexual Harassment Behaviour in an Office Environment, and What is NOT? appeared first on Prevention of Sexual Harassment, Inclusive Diversity, Employee Assistance Program | CecureUs | Chennai.