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Showing posts from July, 2024

Posh in Higher Education Institutions in India

On July 25, 2022, an Odisha college student accused the school's physics instructor of rape and sexual harassment. The accused lecturer, who was the institution's reader, had also held the role of NCC officer in the Naval wing. Despite the female student coming to the institute with a formal complaint, the school's internal committee did not discover any proof of the claims she claimed. The probe didn't start until the Higher Education Department became aware of the situation. A Presidency University student from Kolkata filed a formal complaint with the internal committee of the university accusing Mahitosh Mandal, the former head of the department, of sexual harassment on July 17, 2022. It is believed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is essential for protecting female employees from sexual harassment at the workplace. It is significant to highlight that educational institutions play a significant role

Elevating Professional Standards: The Importance of Posh Law Training for Employees

In today's workplace, fostering a safe, respectful, and inclusive environment is paramount. The Prevention of Sexual Harassment (Posh) at Workplace Act, enacted in India in 2013, is a significant legislative step towards ensuring such an environment. It mandates organizations to take proactive measures in preventing, prohibiting, and redressing sexual harassment at the workplace. One of the most effective ways to comply with this legislation and cultivate a positive workplace culture is through comprehensive Posh law training for employees. Why Posh Law Training is Essential Legal Compliance The Posh Act requires every organization with ten or more employees to constitute an Internal Complaints Committee (ICC) and conduct regular training sessions. Failure to comply can result in hefty penalties, damage to the organization's reputation, and a loss of trust among employees. Awareness and Sensitivity Training helps employees understand what constitutes sexual harassment, the imp

Sanjeev Kumar v. State of Uttar Pradesh: Enforcing Strict Compliance with the POSH Act.

In a significant ruling that reinforced the importance of implementing the Prevention of Sexual Harassment (POSH) Act in its true spirit, the Allahabad High Court delivered a decisive judgment in the case of Sanjeev Kumar v. State of Uttar Pradesh (2021). This judgment emphasized that the non-compliance or delay in constituting an Internal Complaints Committee (ICC) by an organization is a serious violation of the Act and infringes upon the fundamental rights of employees. The Crux of the Case The case arose from a writ petition filed by Sanjeev Kumar, an employee of the Uttar Pradesh Power Corporation Limited (UPPCL), who alleged that despite repeated requests, the organization had failed to constitute an ICC as mandated by the POSH Act. Kumar contended that this non-compliance not only violated the provisions of the Act but also infringed upon the fundamental rights of employees, including their right to a safe and secure work environment. The Allahabad High Court's Ruling In it