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Showing posts with the label National Commission of Women and POSH ACT

Calcutta High Court Reinforces Timely Action in POSH Cases: Bidyut Chakraborty v. Visva-Bharati University & Others

In a significant ruling highlighting the importance of timely action and procedural diligence under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Calcutta High Court in Bidyut Chakraborty v. Visva-Bharati University & Others emphasized that delay in initiating action on sexual harassment complaints can defeat the very purpose of the law. The Court made it clear that both Internal Committees (ICs) and employers have an obligation to act promptly and decisively when such allegations arise. The case revolved around a senior university official, Bidyut Chakraborty, who faced allegations of sexual harassment raised by a woman employee. The complainant approached the Court after the university authorities delayed taking appropriate action on her complaint, effectively stalling the initiation of the formal inquiry under the POSH framework. The inaction led the complainant to seek judicial intervention to ensure enforcement...

Navigating Online Harassment: Protecting Employees in the Digital Age.

In today's interconnected world, the rise of digital communication has brought numerous benefits, but it has also given rise to new challenges, including online harassment. In this article, we explore a hypothetical case study involving online harassment in the workplace and discuss the importance of proactive measures to protect employees in the digital age. Case Study 5: Online Harassment Scenario: David, a marketing manager, finds himself the target of online harassment as he receives explicit messages and inappropriate photos from a coworker via social media platforms. Despite his discomfort and attempts to ignore the harassment, the unwanted communication continues, leaving David feeling distressed and vulnerable. Response: Online harassment presents unique challenges for employers and employees alike. Here's how organizations can respond effectively to instances of online harassment: Take Immediate Action: The first step for employees facing online harassment, like Da...

How can Organization ensure Posh act 2013

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Posh act service and training  To ensure the effective implementation of the Prevention of Sexual Harassment (POSH) Act in the workplace, an employer should take several proactive steps. The POSH Act places a legal responsibility on employers to create a safe and harassment-free work environment for their employees. Here's a comprehensive guide on how an employer can ensure POSH implementation: 1. Create a Comprehensive Policy: • Develop a clear and comprehensive Anti-Sexual Harassment Policy in line with the POSH Act's requirements. This policy should define what constitutes sexual harassment, the procedures for reporting and addressing complaints, and the consequences for those found guilty of harassment. 2. Form Internal Complaints Committee (ICC): • Appoint an Internal Complaints Committee (ICC) as mandated by the POSH Act. The ICC should consist of both internal and external members, including a chairperson, and at least one member from a women's organization ...

The POSH (Prevention of Sexual Harassment) Act 2013 and POSCO (Protection of Children from Sexual Offences) A COMPARATIVE

The POSH (Prevention of Sexual Harassment) Act 2013 and POSCO (Protection of Children from Sexual Offences) Act are two distinct pieces of legislation in India, each aimed at addressing different aspects of sexual misconduct and abuse. Here's a comparative overview of these two acts: 1. Purpose and Scope: • POSH Act 2013: The POSH Act primarily deals with the prevention and redressal of sexual harassment at workplaces, including both the public and private sectors. It mandates the establishment of Internal Complaints Committees (ICCs) in organizations to handle complaints of sexual harassment. • POSCO Act: The POSCO Act focuses on the protection of children from sexual offenses. It is designed to safeguard minors (below 18 years of age) from sexual abuse and exploitation, irrespective of the location where such offenses occur. 2. Applicability: • POSH Act 2013: Applicable to workplaces, including government, private, and non-profit organizations, covering employees, inte...

National Commission of Women and POSH ACT

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A statutory organisation called the National Commission of Women ("NCW") was established to examine and develop legal and policy recommendations pertaining to women's rights in India. Its role includes recommending corrective legal action, facilitating the resolution of grievances, and providing policy advice. In addition, the PoSH Act has given the NCW a very particular role, allowing it to file a complaint on behalf of an injured woman with her consent if she is physically unable to do so. Any woman also has the right to report sexual harassment, including at work, to the NCW. To accomplish this, go to the "Register online" menu and select the " Sexual Harassment at Workplace " category. Additionally, any woman has the right to report sexual harassment to the NCW, including at work. This can be done online by choosing the 'SexualHarassment at Workplace' category from the list of available options under the 'Register online complaints'...