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Prevention Of Sexual Harassment (Posh) at Workplace

This report summarizes the presentation on the Prevention of Sexual Harassment (POSH) at the Workplace, delivered by Shri R.A. Trivedi on April 04, 2025. The presentation highlighted key aspects of the POSH Act, the importance of gender sensitization, and the legal framework surrounding sexual harassment in the workplace. The presentation was made possible through the collaboration with the Institute of Law, Nirma University.

Key Discussion Points

  • Gratitude and Collaboration: The presenter expressed gratitude for the collaboration with the Institute of Law, Nirma University.
  • Real-Life Scenarios and Awareness: Real-life examples were used to illustrate scenarios where a lack of awareness leads to women not recognizing sexual harassment. The presentation emphasized the need for gender-neutral societies and highlighted that the POSH Act aims to address this issue.
  • Redressal Mechanisms and NALSA Directions: The importance of effective redressal mechanisms was discussed, along with direct directions from the National Legal Services Authority (NALSA) to improve the legal system’s response to sexual harassment. The “Ehsaas Nyay Ka Sab Liye” initiative focusing on gender sensitization was noted, with a call for in-depth training for court officers and staff.
  • Gender Disparity: The presentation addressed the issue of gender disparity and its impact on society. The landmark case of Vishakha v. State of Rajasthan was discussed in the context of the historical background for the enactment of the POSH Act. The speaker also referenced the Constitution of India, related enactments, amendments, and reservations, noting that despite these, patriarchy remains deeply entrenched.
  • Gender Neutrality and Workplace Dynamics: The presenter advocated for gender-neutral workplaces to foster a competitive environment and contribute to national development, promoting the concept of “Hissedaari Nahi Sahjedaari” (Partnership, not just sharing). The struggles of working women were acknowledged, referencing the 1992 Vishakha NGO petition.
  • Accountability and Scope of the Act: The issue of accountability in cases of sexual harassment, particularly in the context of rural welfare activities and domestic settings, was raised. Videos were shown depicting sexual harassment in various workplaces, including offices, colleges, and domestic settings, emphasizing the pervasive nature of the problem.
  • Internal Complaints Committee (ICC) and Procedures: The presentation detailed the role and procedures of the Internal Complaints Committee (ICC), including principles of natural justice, timelines (90 days), and other procedural requirements under the POSH Act. The Act, intention, completion of IC proceedings, NALSA videos, approaching the committee, and systematic awareness were explained.

The Fernandes case was cited to illustrate instances of gender bias in the workplace, where women are assigned tasks based on gender stereotypes rather than competence. The importance of understanding ground realities and avoiding assumptions about competence based on gender was stressed.

Conclusion

The presentation delivered today provided a comprehensive overview of the POSH Act, emphasizing the need for gender sensitization, awareness, and effective implementation of the legal framework. The discussion highlighted the ongoing challenges in achieving gender equality in the workplace and the importance of addressing systemic issues to create a safe and equitable environment for all.

Recommendations:

  • Increased awareness programs to educate both men and women about the provisions of the POSH Act.
  • Training and sensitization of employers, employees, and members of Internal Complaints Committees.
  • Strict enforcement of the POSH Act and adherence to the prescribed procedures.
  • Continued efforts to address gender stereotypes and promote gender-neutral workplaces.
  • Further collaboration with legal aid services to provide support and assistance to victims of sexual harassment.
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