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The POSH (Prevention of Sexual Harassment) Act 2013 and the existing sections of the Indian Penal Code (IPC) Relationship.

The POSH (Prevention of Sexual Harassment) Act 2013 and the existing sections of the Indian Penal Code (IPC) dealing with sexual harassment serve different purposes and have different legal frameworks. Here's a comparative overview of the two: 1. Purpose and Scope: • POSH Act 2013: This Act is specifically designed to address and prevent sexual harassment at workplaces. It defines sexual harassment, mandates the establishment of Internal Complaints Committees (ICCs) in organizations, and provides a structured process for filing and resolving complaints within the workplace. • IPC Sections on Sexual Harassment: The IPC contains various sections that deal with sexual offenses, but they are not specific to workplace harassment. These sections cover a wider range of sexual offenses, including rape (Section 375), outraging the modesty of a woman (Section 354), and others. These sections are applicable in general, non-workplace settings. 2. Applicability: • POSH Act 2013: A...

Shaping a Safer Tomorrow: Corporate Responses and Accountability in the Face of Sexual Harassment.

Sexual harassment in the workplace is a pervasive issue that demands a comprehensive and swift response from organizations. Over the past years, companies have been compelled to reevaluate their approaches, implementing changes in policies and accountability measures to address this critical concern. This article examines how corporate responses to allegations of sexual harassment have evolved, exploring the transformative impact of policy changes, heightened accountability measures, and the role of corporate culture in fostering a safer and more inclusive environment. Policy Overhaul: A Foundation for Change One of the primary mechanisms by which companies are reshaping their response to sexual harassment is through the revision and reinforcement of workplace policies. These policies serve as a critical foundation for creating a culture of respect and accountability. Recent years have witnessed an increasing trend of companies revisiting and strengthening their anti-harassment policie...

POSH Awareness Training: The What, Why and How

What is POSH Training? In 2013, Government of India enacted the  Sexual Harassment of Women at Workplace  (Prevention, Prohibition and Redressal) Act, 2013, also called as the POSH Act. The Act holds an organization and the employer responsible for taking measures to prevent incidents of sexual harassment at workplace. The Act also lays down several measures for organizations to be compliant to the Act.  One of them is spreading POSH awareness to all the employees in the organization about their roles and responsibilities through training program and similar initiatives. It is advisable to conduct such trainings at least twice in a year. Why POSH Training? Firstly, it is legally mandatory to conduct POSH training. The organization can attract heavy penalties like a fine of INR 50000 for first time offence and cancellation of business license for repeated offence if the law is not followed. In addition, just having a law does not help. Many a times, women question whether ...

POSH Training | POSH ACT in India

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POSHADVO has been founded to help keep workplaces free of sexual abuse across all sectors in the country. Posh Lawyer in Gurgaon POSHADVO firmly believes, as an organization, that sexual harassment is a serious denial of the right to equality, dignity and respect.  Sexual abuse at work  is something that most people routinely witness, but many do not openly speak about. Typically, this is for fear of losing their job, facing society's scorn, being caught up in never-ending court action or for other unspecified reasons.  Gender equality in all dimensions is a basic human right and the Constitution of India (“Constitution”) guarantees all its citizens equality of status and opportunity.  Sexual harassment  is considered as a violation of a woman’s fundamental right to equality, which right is guaranteed by Articles 14 and 15 of the Constitution. The Constitution also provides every citizen the ‘right to practice or carry out any occupation, trade or business, whi...