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Understanding the POSH Act 2013 and the POCSO Act: Safeguarding Rights and Dignity

The POSH Act (Prevention of Sexual Harassment at Workplace Act, 2013) and the POCSO Act (Protection of Children from Sexual Offences Act, 2012) are two landmark legislations in India that aim to protect individuals from sexual misconduct and abuse. While both laws address different contexts and demographics, they are united in their mission to uphold dignity, safety, and justice. The POSH Act, 2013 The POSH Act was enacted in response to the increasing awareness of sexual harassment in workplaces. The law is based on the Supreme Court’s guidelines laid down in the famous Vishaka judgment of 1997. Its primary objective is to provide a safe and secure working environment for women. Key Features of the POSH Act The act defines sexual harassment as unwelcome physical, verbal, or non-verbal conduct of a sexual nature. It applies to all workplaces, including private organizations, public sector units, NGOs, and even domestic workers. Organizations with 10 or more employees are required to c...
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Vishaka & Others v. State of Rajasthan: The Case that Paved the Way for Addressing Sexual Harassment at Workplaces

In a monumental step towards safeguarding the rights and dignity of women in the workplace, the Supreme Court of India delivered a groundbreaking judgment in the case of Vishaka & Others v. State of Rajasthan in 1997. This landmark decision not only brought the issue of sexual harassment at the workplace into the spotlight but also laid down a comprehensive set of guidelines, known as the Vishaka Guidelines, that would serve as the foundation for future legislation addressing this critical issue. The Genesis: Seeking Justice for Bhanwari Devi The case originated from the brutal gang-rape of Bhanwari Devi, a social worker employed in Rajasthan's Bhateri village. Devi's courageous efforts to prevent a child marriage within the community led to her being brutally assaulted and raped by influential members of the village. This horrific incident sparked a nationwide outcry and prompted several women's rights organizations, led by Vishaka and others, to file a Public Interes...
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Conciliation and Posh act 2013

Conciliation is a method of resolving a conflict between parties by the use of a mediator. Only if the aggrieved party demands it, the Internal Complaints Committee (ICC) will facilitate conciliation as a means of resolving workplace sexual assault complaints. Before conducting an investigation under section 11, the ICC should attempt to resolve the dispute between the aggrieved woman and the respondent by conciliation. It should be remembered that the respondent has no right to request conciliation) and that “no monetary settlement” shall be used as a ground for conciliation. Where a settlement has been reached, the ICC shall report the terms of the agreement and forward them to the employer, who shall proceed in accordance with the advice. The ICC shall supply the aggrieved woman and the respondent with copies of the resolution as reported. Where a settlement is arrived at, no further inquiry shall be conducted by the ICC.  Conciliation is a mechanism used by the ICC to offer a ...
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The #MeToo Movement: Catalyst for Change in Workplace Harassment Policies

The #MeToo movement, which gained momentum in recent years, has become a powerful force for change, igniting conversations globally about workplace harassment. This movement has brought to the forefront the prevalence of harassment, empowered survivors to share their experiences, and prompted organizations to reevaluate and strengthen their approach to addressing workplace misconduct. This article explores the impact of the #MeToo movement on reporting mechanisms, organizational culture, and the implementation of policies under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). 1. Amplified Reporting Mechanisms: The #MeToo movement has had a profound impact on reporting mechanisms within organizations. Survivors of harassment have found a collective voice on social media platforms, leading to increased awareness about the importance of reporting incidents. Organizations are responding by enhancing their reporting systems, provi...
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Navigating the Virtual Workplace: Addressing Digital Harassment under the POSH Act

The advent of remote work, accelerated by global events, has transformed the traditional office landscape, bringing about unprecedented challenges and opportunities. As organizations navigate the digital realm, issues related to digital harassment have gained prominence, prompting a closer examination of how the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) is applied in virtual workspaces. This article explores the trends in addressing online harassment, the challenges faced, and the evolving landscape of workplace regulations in the digital era. The Digital Workspace Landscape: The shift to remote work has redefined the workplace, allowing for flexibility and accessibility but also presenting unique challenges. Virtual interactions, often conducted through various digital platforms, have become the new norm. However, this transition has brought to light the prevalence of digital harassment, encompassing a range of behaviors fro...
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CONCEPT OF CONSENT IN POSH ACT

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CONCEPT OF CONSENT IN POSH ACT  In accordance with Indian Penal Code Section 375, consent is defined as "an unequivocal voluntary agreement when the woman communicates her willingness to engage in the specific sexual act through words, gestures, or any other means of verbal or nonverbal communication."  In addition, the 2013 law amendment adds the following: "The amendment clarifies that the absence of resistance does not imply consent and defines 'consent' as an unambiguous agreement to engage in a specific sexual act." According to the Madras High Court v. Anthony ruling, a woman can only be considered to have given her permission when she chooses to submit while still being completely free to exercise her moral and bodily authority. It is always a deliberate and aware acceptance of what is offered to be done by another and concurred by the former; consent entails the exercise of a free right to withhold what is being consented to. Due to the fact that PoS...
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Sexual Harassment Lawyer in India

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POSHADVO   is headquartered in Gurgaon, India and offers services across major Indian States like Haryana, Punjab, Himachal , New Delhi ,Karnataka , Telangana, Maharashtra, Gujrat, West Bengal, Madya Pradesh, Uttar Pradesh , Goa, Tamilnadu, Kerala, J&K, Uttarakhand and Odisha through its strong network of over 100 associates and partners. We are distinguished not only by the depth and scope of our advisory and delivery services, but also by unparalleled experience and international exposure that enables us to handle deals and cases of any size and complexity. Our team is our greatest resource. Our ability to deliver outstanding results for our clients is a credit to their quality and their leadership. Our Team consists of Legal Advisors, Human Capital Executives, Counsellors, Coaches ,Psychologists and Social Workers who are qualified to act as external members for internal committees of organizations, trainers, and counsellors. We have the unmatched reputation of having redres...
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