PoSH Awareness Programme V11

DISCLAIMER

This online course content on ‘Prevention of Sexual Harassment

(PoSH) at Workplace’ is designed and laid out exclusively for

academic purposes only. The information and documents

included herein have been sourced from various sources and

Atyaasaa Consulting Foundation does not confirm the

authenticity of the same.

The views and opinions expressed herein have pure academic

value and the same may not be used for any legal purpose in

any judicial or quasi-judicial process. Atyaasaa Consulting

Foundation is not a replacement of a formal legal firm .

AWARENESS PROGRAMME

on

PREVENTION OF SEXUAL HARASSMENT

PROHIBITION AND REDRESSAL

PREVENTION OF SEXUAL HARASSMENT prohibition and redressal

Introduction to the awareness programme

About Atyaasaa

Course designers

Preface and course benefits

Programme outline

What are we going to learn?

Synopsis of Act

Key takeaways

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ABOUT ATYAASAA

Seventeen years of focussed organizational development

research and initiatives

Over 2,00,000 leaders trained and coached worldwide

Over 25,000 hours of high impact consulting and interventions

Body of knowledge based on over hundred titles of people

development interventions

Body of work executed in more than one seventy five

organizations worldwide

Created and implemented by corporate professionals having

diverse operational experience

Structured validation of over ten years

A people development platform based on state of the art

technology backbone and ecosystem

Programme management through expert consultants

THE TEAM

Curator

Niket Karajagi - Founder Director

Facilitator

Rushikesh Rajendra - CEO

Research contributors

Meekita Pujari - Sr. Consultant, OD

Gargee Khamkar - Consultant

PREFACE – COURSE BENEFITS

Makes you aware of the entire Act (2013)

Helps you in understanding the meaning of sexual

harassment and related aspects for its prevention

Makes you study the case laws with varied perspectives

Visual and audio learning for better retention

Provides frequently asked questions and their answers

Provides with the substantive reading material online

Option for participation certificate

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PROGRAMME OUTLINE

Course content

Basic reading

Case law presentations

FAQs

Evaluation

Certification

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WHAT ARE WE GOING TO LEARN?

Learning about the genesis of the Act, 2013 enacted by

the Indian Parliament

Definitions of sexual harassment, employee, workplace,

etc

How to raise a complaint

Internal Complaints Committee (ICC) its composition, role

and scope

Inquiry and penalty

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THE SEXUAL HARASSMENT OF

WOMEN AT WORKPLACE

(prevention, prohibition and redressal) Act, 2013

THE GENESIS OF THE ACT

Vishakha guidelines

Unfortunate incident of Smt. Bhanwari Devi in Rajasthan

case came up for final hearing in the Supreme Court of

India in 1992. The honourable Supreme Court observed:

i. Sexual harassment of women at workplace rampant

No formal framework of redressal

ii.

iii. Violation of article 14 – ‘right to equality’, 15 –

‘prohibition of discrimination’, 19(1)(g) – ‘right to

practice any profession, 21 – ‘protection of life and

liberty’

iv. Emergency measures required

THE GENESIS OF THE ACT

Vishakha guidelines

i. Powers vested in the Supreme Court under Article 32

ii. Elaborate guidelines were issued for safety of women

at workplace

iii. Guidelines flouted continuously in all work places

iv. IN 1997 the honourable Supreme Court issued the

operative part of the Vishakha guidelines

v. Fifteen (15) years later, the Act of 2013 got enacted

as the Act 14 of 2013

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Scope and objectives of the act

To provide protection to women against sexual

harassment at workplace

To sensitize the entire workforce about sexual

harassment and the way to deal with it

To create and sustain a legal framework for preventing,

prohibiting and redressal process of complaints of

sexual harassment of women at workplace

The Act makes the employer responsible and

accountable for the sexual harassment

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Definition

Aggrieved Woman - Sec 2(a)

 A woman, of any age who has been a victim of

sexual harassment at her workplace

Employee – Sec 2(f)

 A person employed at a workplace for any nature

of work, who also includes a woman whose

domestic worker/servant

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Sexual Harassment - Sec 2(n)

Any one or more of the following unwelcome acts or

behaviour (whether directly or by implication) , towards the

working woman, namely

physical contact and advances; or

i.

ii. a demand or request for sexual favours; or

iii. making sexually coloured remarks; or

iv. showing pornography; or

v. any other unwelcome physical, verbal or

non verbal conduct of sexual nature

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Workplace Sec - 2(o)

Means

i. Any organization setup by the Government or the

local authority

ii. Any organization setup in the private sector or as

NGO

iii. Hospitals or nursing homes

iv. Sport relating organizations

v. Any other place visited by the employee arising out

of or during the course of employment including

transportation for such journey

vi. A dwelling place or a house

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Internal Complaints Committee (ICC)

Constitution

Members to be nominated

 Total 03/05/07 members

 Presiding Officer to be a senior women officer

of the organization

 01 member from a NGO or social organization

 50% of member to be women only

 Tenure is 03 years

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Local Complaints Committee (LCC)

Constitution

Committee composition, tenure and rules

 Total members 05/07/11/13

 Chairperson and 01 member to be nominated

from amongst the women working in block,

taluka or tehsil or ward or municipality

 02 members from NGOs, one to be women

 50% women

 Tenure is 03 years

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Complaints

Any aggrieved women in an organization

Who?

Only in writing

How?

ICC or LCC (as applicable)

To whom?

Within 03 months from date of incident

Period?

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Complaints

 Committee may extend the time limit

If not

not exceeding 03 months

within time

 Extension only if satisfied with the

reason of filing of complaint

Unable to

 Legal heir

complain

 Person prescribed

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Inquiry

Relief during pendency

 Transfer the aggrieved woman or the

respondent to any other workplace; or

 Grant fully paid leave to the aggrieved woman

for up to a period of 03 months; or

 Grant such other relief to the aggrieved

woman as may be prescribed

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Inquiry report

Within 10 days of completion of inquiry

Period?

ICC or LCC

Who?

To the employer/district officer

To whom?

If found

 To take actions for sexual harassment

guilty?

 Penal action as prescribed

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Duties of employer

Provide a safe working environment for women

Organize workshops and awareness programmes

Provide necessary facilities for dealing with the

complaint and conducting inquiry

Assist in resolving the reported cases

Make available necessary information as when

asked by the ICC

Monitor and ensure the timely submission of

reports and act upon recommendations of ICC

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Miscellaneous

Cognizance of offence

 No court or committee shall take cognizance

 Every offence under this Act shall be non-

cognizable

Penalty

INR 50,000/- if

 The employer fails to comply with the Act

 False evidence or complaints are punishable

CASE LAWS

ICC recommendations cannot be challenged in any court of

law

Gaurav Jain vs. Hindustan Latex Family Planning promotion

trust (HLFPPT) and ors.

Case bungled by the ICC

U.S. Verma, Principal, D.P.S. vs. National Commission For

Women and ors.

KEY TAKEAWAYS

Understand

Actions to be considered as sexual harassment

Support to the aggrieved woman

Role of ICC/LCC

Duties of an employer

Inquiry process and penalty

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NEXT STEP

Read actual Act (complete)

Read actual Act (snippet)

Read case laws (complete )

Read case law (brief)

FAQs

Apply for certification (paid or option)

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STAY CONNECTED

Atyaasaa Consulting Foundation

#501/D-5, Elite Gardens, Aundh

Pune - 411007 India

Tel: (+91) 20 2589 6445

Email: foundationinfo@atyaasaa.com

Website: www.atyaasaa.com

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