Generated by All in One SEO Pro v4.9.10, this is an llms.txt file, used by LLMs to index the site. # Metis POSH Consulting Service LLP Prevention of sexual harassment at workplace - POSH ## Sitemaps - [XML Sitemap](https://posh.metisindia.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Blog - [POSH articles & POSH case laws](https://posh.metisindia.com/articles-and-formats/) - Learn everything about POSH (Prevention of Sexual Harassment) at the workplace — legal insights, compliance guidelines, case studies, and expert advice to build a safe, inclusive, and respectful work environment. - [Managers at the frontline of preventing sexual harassment](https://posh.metisindia.com/managers-at-the-frontline-of-preventing-sexual-harassment/) - Discover their crucial role in building safe cultures, recognizing early warning signs, and handling sensitive complaints - [Allahabad HC : Belated POSH Complaints Can't Be Rejected Without Considering Reasons](https://posh.metisindia.com/allahbad-hc-belated-posh-complaints-cant-be-rejected-without-considering-reasons/) - The Allahabad High Court held that belated POSH complaints cannot be rejected solely due to delay without examining the reasons, reinforcing fairness and proper inquiry by Internal Committees. - [Guiding IC Members: Four Elements of Complaint Assessment](https://posh.metisindia.com/guiding-ic-members-four-elements-of-complaint-assessment/) - A practical guide for IC members on evaluating sexual harassment complaints through a structured framework, applying the principles of fairness, evidence assessment, and the POSH Act. - [The Workplace Owes Everyone Safety: Busting LGBTQIA+ Myths Around the POSH Act](https://posh.metisindia.com/the-workplace-owes-everyone-safety-busting-lgbtqia-myths-around-the-posh-act/) - LGBTQIA+ employees often fall outside traditional POSH frameworks and why organisations must rethink workplace safety, inclusion, and harassment redressal - [Punjab & Haryana HC: Offensive Language Alone Is Not Sexual Harassment](https://posh.metisindia.com/punjab-haryana-hc-offensive-language-alone-is-not-sexual-harassment/) - Punjab & Haryana HC ruled that offensive workplace language alone does not constitute sexual harassment under Section 354A IPC without a sexual element. - [Bombay H C - Once allegation not proved, no action can follow](https://posh.metisindia.com/bombay-h-c-once-allegation-not-proved-no-action-can-follow/) - Bombay High Court Quashes Reprimand for Video graphing Colleagues Case Title: Dr Mohinder Kumar vs The Chairman, NABARD (Writ Petition 1635 of 2021) The Bombay High Court last week, came to the rescue of an employee of National Bank for Agriculture and Rural Development (NABARD), who challenged the penalty of 'Reprimand' imposed on him by - [International Day Against Homophobia, Biphobia & Transphobia](https://posh.metisindia.com/international-day-against-homophobia-biphobia-transphobia/) - Every year on 17 May, the world observes the International Day Against Homophobia, Biphobia and Transphobia (IDAHOBIT) to raise awareness about discrimination, violence, and exclusion faced by LGBTQIA+ individuals. The date marks the historic decision by the World Health Organization (WHO) in 1990 to remove homosexuality from the list of mental disorders. Organizations across the - [When the Screen Becomes the Weapon: Online Harassment, AI, and What It Means for Your Workplace](https://posh.metisindia.com/when-the-screen-becomes-the-weapon-online-harassment-ai-and-what-it-means-for-your-workplace/) - When harassment moves online, the workplace follows. This piece explores how digital abuse and AI-driven misconduct are reshaping workplace safety. - [The Nashik Case - Rethinking accountability and alternatives](https://posh.metisindia.com/the-nashik-case-rethinking-accountability-and-alternatives/) - An analysis of the Nashik case highlighting gaps in POSH implementation, Internal Committee accountability, and the need for stronger, trust-driven workplace systems - [When the IC Exists, But People Don’t Trust It](https://posh.metisindia.com/when-the-ic-exists-but-people-dont-trust-it-2/) - Most organisations have a POSH Internal Committee, but lack of awareness and trust often makes it ineffective—creating a critical workplace gap. - [Understanding the POSH Annual Report - Annual Report Format](https://posh.metisindia.com/draft-annual-report-format/) - What is the POSH Annual Report? The POSH Annual Report is much more than a mere formality; it is a statutory obligation under India's POSH Act that offers a reflection of how seriously an organization takes workplace safety. Every organization under the Act is required to submit this report annually, capturing details about complaints received - [Office Parties & Professional Boundaries](https://posh.metisindia.com/office-parties-professional-boundaries/) - Office parties and offsite events are extensions of the workplace under the POSH Act. Learn how to maintain professional boundaries and respectful conduct during workplace celebrations. - [Proposed amendments to the POSH Act. 2013](https://posh.metisindia.com/proposed-amendments-to-the-posh-act-2013/) - Proposed amendments to the POSH Act, 2013 aims to make the law more inclusive, gender-neutral, with stronger enforcement, and extended timelines. - [What happens when there is no material evidence?](https://posh.metisindia.com/what-happens-when-there-is-no-material-evidence/) - What happens when there is no material evidence? Investigators rely on witness testimony, circumstantial evidence, expert analysis to determine the truth. - [Manager’s role in handling reports of sexual harassment?](https://posh.metisindia.com/how-should-managers-handle-sexual-harassment-complaints-within-their-team/) - Prevention of sexual harassment at workplace - POSH - Manager’s role in handling reports of sexual harassment? POSH articles, case laws and formats - [New POSH Mandates You Shouldn’t Miss](https://posh.metisindia.com/new-posh-mandates-you-shouldnt-miss/) - Ministry of Corporate Affairs (MCA) now mandates public disclosure of POSH data in company filings, following the Supreme Court’s push for stricter workplace compliance. - [Supreme Court - Six-month limit for filing sexual harassment complaints](https://posh.metisindia.com/supreme-court-six-month-limit-for-filing-sexual-harassment-complaints/) - Supreme Court on September 12, 2025, ruled that the sexual harassment alleged by a faculty member against the Vice Chancellor of the University, is time-barred. - [Policies and practices that support workplace safety](https://posh.metisindia.com/corporate-policies-and-practices-that-support-workplace-safety/) - Explore essential policies and best practices that promote a safe, compliant, and injury-free workplace environment - [The Supreme Court's directives on nationwide POSH implementation](https://posh.metisindia.com/the-supreme-courts-directives-on-nationwide-posh-implementation/) - Explore the Supreme Court's directives on the nationwide implementation of the POSH Act, emphasizing mandatory compliance, awareness, and institutional accountability. - [Allahabad HC - Suspension Of HOD In Sexual Harassment Case](https://posh.metisindia.com/allahabad-hc-suspension-of-hod-in-sexual-harassment-case/) - Allahabad High Court emphasizes the importance of suspension of HOD In sexual harassment case to build confidence among women employees - [Confidentiality Is Non-Negotiable](https://posh.metisindia.com/confidentiality-is-non-negotiable/) - Confidentiality in POSH (Prevention of Sexual Harassment) cases is critical to protect the privacy of all parties involved and ensure fair investigation. - [The ramifications of false complaints in the workplace](https://posh.metisindia.com/the-ramifications-of-false-complaints-in-the-workplace/) - Examine the impact of false sexual harassment complaints , from legal and reputational consequences to their effect on trust and workplace culture - [Checklist for the IC while handling sexual harassment compliant](https://posh.metisindia.com/11362-2/) - In an organization, only the Internal Committee (IC) has the authority to investigate sexual harassment complaints. To ensure adherence to legal requirements, here is a checklist to assist the IC in fulfilling its responsibilities effectively. - [Madras HC - Mary Rajasekaran vs University of Madras judgment](https://posh.metisindia.com/madras-hc-mary-rajasekaran-vs-university-of-madras-judgment/) - A female staff member raised a complaint about the misappropriation of funds in the college’s Alumni Association, but no investigation was conducted. She was later transferred and eventually instructed not to report to work. - [Chhattisgarh-HC-Dr Savitri Tripathi vs State of Chhattisgarh](https://posh.metisindia.com/12081-2/) - The petitioner, a Senior Professor of English, filed a complaint against an Assistant Professor of English. She alleged that he used obscene language about her during his visit to her college. - [Calcutta HC - Soumen Sarkar vs The State Of West Bengal](https://posh.metisindia.com/calcutta-hc-soumen-sarkar-vs-the-state-of-west-bengal/) - The case involved an Associate Professor against whom an inquiry was conducted by an IC that included two members of the college’s Governing Body, as per a resolution of the Governing Body. The petitioner raised concerns about potential bias due to their inclusion. - [Characteristics and Types of Sexual Harassment](https://posh.metisindia.com/characteristics-and-types-of-sexual-harassment/) - There is a wide divergence in societal perceptions of what constitutes sexual harassment, as the complexity of human behavior makes it difficult to pinpoint exactly what actions or words may be perceived as harassment by an individual - [Essential tips for the ICC while conducting a POSH Inquiry](https://posh.metisindia.com/essential-tips-for-the-icc-while-conducting-a-posh-inquiry/) - An inquiry into sexual harassment complaints should be conducted based on the principles of natural justice, not merely as a formality - [Indore HC - Mrs Arvinder Bagga](https://posh.metisindia.com/metis-posh-downloadable-case-law-indore-hc-mrs-arvinder-bagga/) - Due to non-cooperation from the hospital, the Local Committee appointed a person to verify the existence of an Internal Committee. The Local Committee concluded that no IC was present at the hospital, despite the hospital's claim of notification - [Law on prevention of sexual harassment at workplace](https://posh.metisindia.com/indians-laws-on-prevention-of-sexual-harassment-at-work-place/) - While various Acts have defined 'sexual harassment at the workplace,' the Hon'ble Supreme Court has ultimately established the principles of law for the prevention of sexual harassment in the workplace - [Amendments to the Tamil Nadu Motor Vehicles Rules](https://posh.metisindia.com/amendments-to-the-tamil-nadu-motor-vehicles-rules/) - To enhance safety for women passengers, the Tamil Nadu government amended the Tamil Nadu Motor Vehicles Rules, 1989, making it the conductor's duty to remove any male passenger or hand him over to the police if he misbehaves with women - [Tripura HC- Shila Debnath vs National Institute of Technology](https://posh.metisindia.com/tripura-hc-shila-debnath-vs-national-institute-of-technology/) - The High Court found that the aggrieved woman was denied a chance to be heard during the inquiry, leading to the quashing of the report and remanding the matter back to the IC - [Quashing criminal complaint of sexual harassment - Karnataka HC](https://posh.metisindia.com/karnataka-hc-quashing-criminal-complaint-false-and-malicious-intent/) - Learn about the Karnataka High Court's decision to quash a criminal complaint of sexual harassment, highlighting the legal reasoning and implications for future cases in sexual harassment - [Understanding consent in the context of sexual harassment](https://posh.metisindia.com/posh-understanding-consent/) - Gain a clear understanding of consent in the context of sexual harassment, focusing on its importance, legal implications, and how it shapes workplace policies to ensure safety and respect for all individuals - [Participation Of Accused In Appraisal Process Of Complainant](https://posh.metisindia.com/case-law-participation-of-accused-in-appraisal-process-of-complainant/) - Explore the legal implications of the accused's participation in the appraisal process of the complainant, highlighting the need for fairness, transparency, and unbiased procedures in workplace investigations - [Delhi Industrial Tribunal - Consent of a woman and her explicit “no”](https://posh.metisindia.com/12543-2/) - Learn about the Delhi Industrial Tribunal's ruling on the importance of a woman's consent and her explicit 'no' in cases of sexual harassment, emphasizing respect for personal boundaries and legal rights - [Single instance of sexual harassment can be considered 'continuing offence'. Madras HC](https://posh.metisindia.com/single-instance-of-sexual-harassment-can-be-considered-continuing-offence-madras-hc/) - Learn about the Madras High Court's ruling that a single instance of sexual harassment can be considered a 'continuing offence,' emphasizing the need for ongoing accountability and protection for victims - [Handbook on combating gender stereotypes - Supreme Court of India](https://posh.metisindia.com/handbook-on-combating-gender-stereotypes-supreme-court/) - Explore the Supreme Court of India's handbook on gender stereotyping, offering key insights and guidelines to challenge biases and promote gender equality in legal and societal contexts - [Courts shouldn't get swayed by 'Hyper Technicalities"; Must consider broader context](https://posh.metisindia.com/metis-posh-case-law-courts-shouldnt-get-swayed-by-hyper-technicalities-must-consider-broader-context/) - Explore the importance of courts avoiding hyper technicalities and focusing on the broader context in legal cases, ensuring fair and just decisions - [Calcutta High Court- Reconsider WBNUJS professor's allegation against Vice-Chancellor](https://posh.metisindia.com/metis-posh-case-law-calcutta-high-court-reconsider-wbnujs-professors-allegation-against-vice-chancellor/) - Learn about the Calcutta High Court's order to reconsider the allegation made by a WBNUJS professor against the Vice-Chancellor, highlighting the need for a fair investigation and justice in sexual harassment cases - [Preponderance of Possibilities](https://posh.metisindia.com/preponderance-of-possibilities/) - Understand the concept of 'Preponderance of Possibilities' in POSH cases, where the focus is on determining the likelihood of an incident occurring, ensuring fair and balanced outcomes in sexual harassment investigations - [Understanding Personal Space (Physical): A POSH perspective for the Indian workplace](https://posh.metisindia.com/understanding-personal-space-physical-a-posh-perspective-for-the-indian-workplace/) - Explore the concept of personal space from a POSH perspective in the Indian workplace. Learn how respecting physical boundaries fosters a safe, respectful, and harassment-free work environment - [5 key findings of the Hema Committee report](https://posh.metisindia.com/5-key-findings-of-the-hema-committee-report-and-why-this-report-matter/) - Discover the 5 key findings of the Hema Committee report, highlighting critical insights and recommendations on improving workplace safety, gender equality, and sexual harassment prevention - [The Role of Family and Institutions in Creating Safe Spaces for Women](https://posh.metisindia.com/the-role-of-family-and-institutions-in-creating-safe-spaces-for-women/) - Explore how family and institutions contribute to creating safe spaces for women. Learn about the importance of support, education, and policies in fostering an environment of respect, safety, and equality - [From silence to support: The role of bystanders](https://posh.metisindia.com/from-silence-to-support-the-role-of-bystanders/) - Discover the vital role bystanders play in sexual harassment cases. Learn how their support and intervention can help break the silence, promote accountability, and create a safer, more respectful environment - [Get social, but not unprofessional, at office parties](https://posh.metisindia.com/get-social-but-not-unprofessional-at-office-parties/) - Office parties are a great opportunity to socialize, but maintaining professionalism is key. Engage with colleagues while keeping boundaries intact and preserving a respectful work environment - [Why an efficient external IC member is crucial](https://posh.metisindia.com/why-an-efficient-external-ic-member-is-crucial-to-ensure-an-effective-ic/) - Their independent perspective enhances fairness and builds trust in the POSH process, ensuring a balanced and thorough investigation. - [Key takeaways for the Internal Committee from the Supreme Court's seven guidelines:](https://posh.metisindia.com/key-takeaways-for-the-internal-committee-from-the-supreme-courts-seven-guidelines/) - Supreme Court put in place seven guidelines for lower courts to follow in cases involving sexual assault: (a) Bail conditions should not mandate, require, or permit contact between the accused and the victim. Such conditions should seek to protect the complainant from any further harassment by the accused; (b) Where circumstances exist for the court - [Mumbai HC - First of the kind guidelines issued by a High Court on POSH](https://posh.metisindia.com/mumbai-hc-on-confidentiality/) - These are the first of the kind guidelines issued by a High Court in relation to cases arising out of workplace sexual harassment complaints. Summarising: Parties are not to be referred by names, only as Plaintiff or Defendant 1 etc. In the body of the order, no personally identifiable information (PII) like email ID, telephone 3, - [Woman pilot moves Jammu & Kashmir High Court alleging sexual harassment](https://posh.metisindia.com/woman-pilot-moves-jammu-kashmir-high-court-alleging-sexual-harassment/) - Case which is being heard by J & K HC. : Woman pilot moves Jammu & Kashmir High Court alleging sexual harassment by Flight Commander; non-compliance by IAF with POSH Act The Jammu & Kashmir High Court has sought the response of Central government and Indian Air Force (IAF) officers in a plea by a - [Sikkim HC - Sikkim University and others](https://posh.metisindia.com/sikkim-hc-sikkim-university-and-others/) - In the Sikkim case, the complaint was pertaining to an incident at a wedding reception in a hotel, after duty hours and outside University premises. The question was whether it is a "workplace" within the meaning of the Act. HC stated that the complainant also mentioned earlier incidents which have occurred within the University and other female colleagues of the - [Kerala HC - Dr Prasad Pannian vs Central University](https://posh.metisindia.com/kerala-hc-dr-prasad-pannian-vs-central-university/) - In the Kerala HC judgment, it has dwelt only on one issue viz. whether a complaint given can be the basis of an enquiry under the provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013? The two bench judges after going through the judgment of the single judge of the same - [HC Jaipur - Civil Writ Petition against Chief Manager Bank of Baroda](https://posh.metisindia.com/hc-jaipur-civil-writ-petition-against-chief-manager-bank-of-baroda/) - The High Court that: In the present digital world, work place for employees working in the Bank and who have earlier worked in the same Branch and later on shifted to different branches which may be situated in different States has to be treated completely as one work place on a digital platform. Thus, if a - [New Delhi-Metropolitan Magistrate against Srilankan Airlines judgment](https://posh.metisindia.com/new-delhi-metropolitan-magistrate-against-srilankan-airlines-judgment/) - Srilankan Airlines had a policy SPASH viz. Special Policy Against Harassment with effect from 01.10.2005. This was much before the That the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 came into force after receiving the assent of the - [Calcutta HC - Same gender person can raise a complaint](https://posh.metisindia.com/calcutta-hc-same-gender-person-can-raise-a-complaint/) - Calcutta HC - Same gender person can raise a complaint under Act Nov 2020 - order in Vivekananda College ICC "Sexual harassment, as contemplated in the 2013 Act, has to pertain to the dignity of a person, which relates to her/his gender and sexuality;which does not mean that any person of the same-gender cannot hurt - [Delhi HC Bibha Pandey and Punjab National Bank](https://posh.metisindia.com/delhi-hc-bibha-pandey-and-punjab-national-bank/) - Case Law : POSH Delhi HC Bibha Pandey and Punjab National Bank decided on 16 December 2020 in WP(C) No. 3249 of 2017 The ICC concluded that the allegations cannot be termed as sexual harassment at workplace and complaint is rejected. Reproducing the recommendations of the ICC: " “After detailed deliberations, the committee observed that both the - [Madras HC - Woman IPS Officer allegedly sexually harassed](https://posh.metisindia.com/madras-hc-woman-ips-officer-allegedly-sexually-harassment/) - Madras HC woman IPS Officer allegedly sexually harassed stopped from filing complaint by DGP Madras HC takes cognizance 1st March 2021 suo moto writ petition. The HC has taken suo motu cognisance that the Special DGP used his influence to stop the lady IPS Officer from reaching Chennai to file a complaint. In the words - [Aurangabad HC - Withdrawing criminal complaint plea not permitted](https://posh.metisindia.com/aurangabad-hc-withdrawing-criminal-complaint-plea-not-permitted/) - Aurangabad HC - Withdrawing criminal complaint plea not permitted as it defeats Vishaka guidelines The HC observed that " Object of Vishaka guidelines defeated if complainant is coerced to withdraw complaint: Bombay High Court in plea for quashing of FIR alleging harassment by male colleague, the Court noted that the complainant may have been compelled - [Are we doing enough to keep our work environment safe?](https://posh.metisindia.com/are-we-doing-enough-to-keep-our-work-environment-safe/) - Apparently NOT! Needless to say the legal and business implications are HUGE! A recent study by FICCI – EY has revealed that over 31% of companies in India who were polled were not compliant to the regulatory norms of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Even those companies - [Prevention, Prohibition and Redressal of Sexual Harassment at Workplace Act 2013](https://posh.metisindia.com/prevention-prohibition-and-redressal-of-sexual-harassment-at-workplace-act-2013/) - The Act will ensure that women are protected against sexual harassment at all the work places, be it in public or private. This will contribute to realisation of their right to gender equality, life and liberty and equality in working conditions everywhere. The sense of security at the workplace will improve women's participation in work, - [An overview of Sexual Harassment at Workplace](https://posh.metisindia.com/sexual-harassment-at-workplace-an-overview/) - Harvey Weinstein incident was one of the most high profile cases of Sexual harassment in recent times. #MeToo campaign was an eye opener in terms of the degree of sexual harassment at workplace. Women from all over the world came out and described their horrific tales of sexual exploitation. I came across this data - [Checklist for employers to ensure a sexual harassment free workspace](https://posh.metisindia.com/ensure-a-harassment-free-workplace-with-this-checklist/) - One of the most critical responsibilities of the Employer is to ensure a safe working environment by respecting the dignity and feeling of employees who are working inside the company and also people who come to the workplace to do business. If an employer tolerates or is perceived to be tolerant towards any kind of - [Clearing 10 organisational myths around Prevention of Sexual Harassment](https://posh.metisindia.com/top-10-myths-surrounding-prevention-and-prohibition-of-sexual-harassment-at-workplace/) - We have summarised certain myths surrounding the POSH Act. It will be advisable to consult a specialist if you may any doubts on this sensitive matter. My company has had no instances of sexual harassment cases till now so we need not comply. It is binding on all organisation to comply with the POSH Act - [Sexual harassment at workplace - A case discussion](https://posh.metisindia.com/prevention-of-sexual-harassment-a-case-discussion/) - Few months ago, we got anxious calls from the presiding officer of a POSH committee on a complaint on sexual harassment at workplace from one of their woman employees. It was about her male colleague entering her personal space repeatedly without her consent. We heard the matter out and asked a few questions to the - [Going beyond boundaries – Internal Complaints Committee](https://posh.metisindia.com/going-beyond-boundaries-internal-complaints-committee/) - A role boundary defines the duties, rights and limitations to reduce confusion or misperceptions among those involved. However, when you are a part of ICC at a workplace, sometimes these boundaries seem blurred when you have a larger cause at sight, that of being compassionate towards a victim of sexual harassment. Here is a third - [Quid-Pro-Quo sexual harassment](https://posh.metisindia.com/quid-pro-quo-sexual-harassment-at-workplace/) - In Latin, “Quid-Pro-Quo” means “Something for something”. In workplace, when employment decisions are based on acceptance or rejection of sexual favour, it is termed as Quid-pro-quo sexual harassment. This has been called out in section 3(2) of 2013 Act related to Prevention, Prohibition and Redressal of Sexual Harassment of women at Workplace. The document contains - [Inquiry report format on completion of Inquiry](https://posh.metisindia.com/inquiry-report-format-on-completion-of-inquiry/) - On the completion of an inquiry under the POSH Act, the Internal Committee needs to report its findings to the employer / the District Officer within a period of 10 days from the date of completion of the inquiry. Here is a Inquiry report format that will assist you in addressing key points while preparing - [Template for registering a sexual harassment complaint](https://posh.metisindia.com/template-for-registering-sexual-harassment-complaint/) - Section 9 of the POSH Act gives details on filing / registering a sexual harassment compliant at Workplace. Excerpts from Section 9 of the Act. - Any employee who faces sexual harassment at workplace can lodge a complaint to the Internal Complaints Committee within a period of 3 months from the date of incident and - [Duties of the Internal Complaints Committee](https://posh.metisindia.com/checklist-for-key-activities-of-the-icc/) - Section 4 of the Prevention and Prohibition of Sexual Harassment of Women at workplace Act provides for the constitution of an ICC or the Internal Complaints Committee. Any organisation that has 10 or more employees need to constitute a Committee to address the complaints related to Sexual harassment. Integrity and impartiality of the ICC is - [Work From Home a “workplace”? POSH act talks](https://posh.metisindia.com/work-from-home-a-workplace-posh-act-talks/) - The COVID 19 pandemic has changed the way of work across the globe. Many of us in India are still grappling with the new arrangement of Work from Home. Most managements begin to see its benefits of saving time and cost to the organization. So, is it here to last? We never know, it might - [DRAFTS - “Notice to appear before the IC”](https://posh.metisindia.com/drafts-notice-to-appear-before-the-ic/) - Section 11 of the POSH Act 2013 provides for the procedure to be followed by the POSH Internal Committee for inquiring into sexual harassment complaint where it mentions specifically that both the parties have to be given equal opportunities to make representations against the findings before the committee. On receipt of the written complaint , - [Drafts - Conciliation Settlement report](https://posh.metisindia.com/drafts-conciliation-settlement-report/) - Conciliation is an alternative way to resolve a dispute between parties using a mediator. Conciliation can be initiated by the Internal Complaints Committee (ICC) as an option of redressing workplace sexual harassment complaints, only if the aggrieved person requests for the same. Conciliation under POSH Act The ICC before initiating an inquiry under section 11 and - [Conciliation procedure for dispute resolution](https://posh.metisindia.com/conciliation-procedure-under-posh-act/) - Conciliation is an alternative way to resolve a dispute between parties using a mediator. Conciliation can be initiated by the Internal Complaints Committee (ICC) as an option of redressing workplace sexual harassment complaints, only if the aggrieved person requests for the same. It is important to understand conciliation and its procedure. The document aims at guiding you - [Mediation as an informal redressal process for Sexual Harassment](https://posh.metisindia.com/mediation-as-an-informal-redressal-process-for-sexual-harassment-incidents-at-workplace/) - Today millions of Indian women are joining the workforce and contributing significantly to our economy. It is therefore important that organizations across private & public sectors create an environment where women employees feel safe and comfortable. Workplace harassment is increasingly understood as a violation of women’s rights and a form of violence against women. To - [Sexual Harassment Complaint from a NON-Employee](https://posh.metisindia.com/sexual-harassment-complaint-from-a-non-employee/) - What happens when a Non-employee (female) complains about our employee (male) on Sexual Harassment at workplace? To give an example – one of the recruiters of a Multinational Company, while conducting a campus recruitment in a premier business school, sexually harassed a woman from the institute. During the process of recruitment, he got hold of ## Pages - [Prevention of sexual harassment consultants](https://posh.metisindia.com/) - Trusted prevention of sexual harassment consultants offering expert POSH training, policy development, and compliance support. - [Radio](https://posh.metisindia.com/metis-posh-radio/) - Discover India’s first POSH awareness radio station, offering expert insights, legal guidance, and real stories to build safer, harassment-free workplaces. - [About Us](https://posh.metisindia.com/about-us/) - Creating secure, respectful workplaces since 2013. We lead the way in promoting safe, harassment-free work environments for all. - [Myth-Busting Conversation](https://posh.metisindia.com/myth-busting-conversation/) - Metis POSH Conversation POSH Myths & Facts: Listen to this short conversation between our experts as they debunk common myths surrounding workplace sexual harassment - [Shop](https://posh.metisindia.com/shop/) - Shop POSH posters for workplace compliance. Promote awareness, meet POSH Act requirements, and reinforce a safe work environment. - [Contact Us](https://posh.metisindia.com/contact-us/) - Contact Metis POSH Consulting Service LLP for POSH compliance consulting, workplace safety training, and expert advisory services. - [Building Inclusive Workplaces for 2026 and Beyond](https://posh.metisindia.com/posh-with-pride/) - POSH with PRIDE explores inclusive workplace practices for 2026 and beyond, aligning sexual harassment prevention with diversity, equity, and respect - [Submit Resume](https://posh.metisindia.com/submit-resume/) - Thank you for your interest☺️ Please submit your resume here Your name please Your email address your contact number Place of residence Please attach your resume in .pdf format - [Cart](https://posh.metisindia.com/cart/) - [Checkout](https://posh.metisindia.com/checkout-2/) ## Team - [Komal Jyoti](https://posh.metisindia.com/team/komal-jyoti/) - [Rajesh Athihalli](https://posh.metisindia.com/team/rajesh/) - My experience as a serial entrepreneur and a strategy consultant for organisations, aids in understanding the practical aspects of implementing POSH strategies. - [Jayaprada Hemmige](https://posh.metisindia.com/team/jessica-mcdade/) - Passionate about creating and managing workplace free of sexual harassment. I have extensively worked and am experienced in handling all matters related to Prevention of Sexual Harassment at Workplace. - [Dipti](https://posh.metisindia.com/team/dipti/) - [Dr. Vishakha Barve](https://posh.metisindia.com/team/dr-vishakha-barve/) - PHD in Psychosexual Counseling, MA in Industrial Psychology and an MBA in Management, she has over 14 year’s experience in working in MNC’s in India, Japan and Germany. She is the founder of “DusreParve” an NGO working in the area of adult and child counselling. She is passionate about building sexual harassment free workplaces. - [Dr. Anita Ollapally](https://posh.metisindia.com/team/dr-anita-ollapally/) - A PhD from the Management Development Institute and was a gold medalist in my Master’s program in Psychology . Anita has specialised in human behaviour and organisational development & published papers in reputed journals. Facilitated workshops for teams in various organizations, to increase their effectiveness. She is passionate about building awareness on POSH. - [Bharathi H C](https://posh.metisindia.com/team/bharathi/) - A commerce graduate and a postgraduate in human resources and industrial relations. She has over 25 years of proven experience covering Industrial relations, personnel management, and labour laws compliance. She is passionate on matters relating to women empowerment and has been actively involved in prevention of sexual harassment at workplace since 2018. ## Products - [Punishable by law](https://posh.metisindia.com/product/punishable-by-law-2/) - [Did you know series](https://posh.metisindia.com/product/did-you-know/) - The "Did You Know?" series of posters is a powerful and versatile tool for communicating key information in a concise and engaging manner and at regular intervals. By presenting intriguing facts or statistics in a straightforward format, these posters capture attention and spark curiosity. Their simplicity allows for easy comprehension, while the combination of eye-catching visuals and thought-provoking content makes them memorable. - [Composite poster](https://posh.metisindia.com/product/metis-composite-poster/) - This composite poster is a visual communication tool that combines multiple messages, images, and design elements into one cohesive piece. Unlike traditional posters that typically focus on a single message or theme, a composite poster is designed to convey various pieces of information, often related to a common topic or purpose, in a visually engaging and organized manner - [Silence is not consent](https://posh.metisindia.com/product/silence-is-not-consent/) - Silence does NOT equal consent. Many people interpret it as such, but that doesn’t make their interpretation real or valid or right. Silence often means fear. People often don’t speak up about outrageous or controversial things because they’re afraid of the consequences of such outspokenness. It is important to recognize that there are power dynamics at play in many situations, such as in the workplace or in relationships, which can make it difficult for individuals to speak up or assert their boundaries. Therefore, it is important to create safe and supportive environments where individuals feel comfortable to communicate their boundaries and to listen and respect those boundaries. - [Say NO](https://posh.metisindia.com/product/say-no/) - Sexual harassment is never acceptable and it is important to stand up and say no to this type of behavior. Everyone has the right to feel safe and respected, regardless of their gender or any other characteristic. Here are some ways to say no to sexual harassment: Be clear and firm: If someone is making unwanted advances or comments, it's important to be clear and firm in your response. Say "no" or "stop" firmly and directly. Set boundaries: It's important to set boundaries and communicate them clearly. Let the person know what behavior is not acceptable and what you are willing to tolerate. Seek help: If you feel unsafe or threatened, seek help from a trusted friend or authority figure. You do not have to deal with harassment alone. Speak out: Speaking out against sexual harassment helps raise awareness and empowers others to do the same. Share your story with others and encourage them to take action. Remember, saying no to sexual harassment is your right and it is important to stand up for yourself and others. Let's work together to create a safe and respectful environment for everyone. Victims of sexual harassment and assault may elect not to report attacks out of fear that they would be blamed for what has been done to them. This poster is to encourage women to be brave and say NO to sexual harassment. - [Don't trivialize](https://posh.metisindia.com/product/dont-trivialize/) - Sexual harassment is a serious issue that can have a lasting impact on the victim's mental and emotional well-being. It is important not to trivialize sexual harassment or dismiss it as a joke, as this can perpetuate a culture of tolerance towards such behavior. Trivializing sexual harassment can send a message that such behavior is acceptable or normal, which can make victims feel ashamed or embarrassed to come forward and report incidents. It can also create a hostile work environment, which can lead to decreased job satisfaction, productivity, and retention rates. It is essential to take all complaints of sexual harassment seriously and to investigate them thoroughly. It is also important to provide support and resources to victims, such as counseling services and legal assistance, to help them recover from the experience. This poster is like a reminder to employees and management that no sexual harassment incident is trivial. - [My Right](https://posh.metisindia.com/product/my-right/) - The right to live with dignity is a fundamental human right that encompasses the idea that every individual should be treated with respect, equality, and fairness, and should have the opportunity to lead a life that upholds their inherent worth and value. The right to live includes the right to live with human dignity and all that goes along with it, viz., the bare necessities of life such as adequate nutrition, clothing and shelter over the head and facilities for reading writing and expressing oneself in diverse forms, freely moving about and mixing and mingling with fellow human beings and must include the right to basic necessities the basic necessities of life and also the right to carry on functions and activities as constitute the bare minimum expression of human self.” - [Sexual Harassment -Punishable by Law](https://posh.metisindia.com/product/punishable-by-law/) - Sexual harassment is punishable by law in India. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legal framework in India that defines sexual harassment at the workplace and provides a mechanism for the redressal of complaints related to sexual harassment. Under this act, sexual harassment is a punishable offense and can result in fines, imprisonment or both. Additionally, the act mandates that employers establish an internal complaints committee to address complaints of sexual harassment and take appropriate action against the offender. In addition to the Sexual Harassment of Women at Workplace Act, there are other laws and provisions in India that address sexual harassment, including the Indian Penal Code and the Protection of Children from Sexual Offences Act. It is important for individuals to be aware of their rights and take action if they experience or witness sexual harassment. By holding perpetrators accountable and creating a safe and respectful environment, we can work towards a more equal and just society. - [Zero tolerance](https://posh.metisindia.com/product/zero-tolerance/) - Zero tolerance to sexual harassment means that any form of sexual harassment is considered unacceptable and will not be tolerated under any circumstances. It emphasizes a firm stance against sexual harassment, ensuring that there are no exceptions or excuses for such behavior. By adopting a zero-tolerance approach, organizations, educational institutions, and societies aim to create an environment where sexual harassment is not tolerated, survivors are supported, and perpetrators are held accountable for their actions. This approach sends a strong message that sexual harassment is unacceptable and contributes to fostering safer and more respectful spaces. - [Sexual Harassment - Not in any workplace](https://posh.metisindia.com/product/not-in-any-workplace/) - Sexual harassment is a violation of human rights and can have serious physical, emotional, and psychological impacts on the individuals who experience it. It is crucial to address and combat sexual harassment in all settings to ensure the safety, well-being, and dignity of individuals in any workplace. Efforts to combat sexual harassment should involve collaboration among various stakeholders, including governments, civil society organizations, employers, educational institutions, and individuals themselves. By addressing and challenging the societal attitudes and norms that enable sexual harassment, we can work towards creating a safer and more inclusive environment for everyone. - [POSH Posters - Internal Committee details](https://posh.metisindia.com/product/internal-committee-details/) - A POSH committee plays a crucial role in creating a safe and inclusive workplace for all employees. The committee investigates complaints of sexual harassment and takes necessary action to prevent further harassment. Providing the details of an internal POSH committee are important for maintaining legal compliance, creating a safe workplace, building trust, preventing retaliation, and ensuring fairness and impartiality in investigating incidents of sexual harassment. - [STOP - Derogatory gestures](https://posh.metisindia.com/product/stop-derogatory-gestures/) - Obscene gestures may be part of a pattern of offensive behavior, or they may be used to silently harass someone without witnesses. It is important to report every instance of such behavior to the IC. - [STOP - Sexual jokes](https://posh.metisindia.com/product/stop-sexual-jokes/) - Although having a sense of humor is generally viewed as a positive trait, sexual jokes in the workplace are inappropriate and may constitute sexual harassment. Sexual jokes in the workplace may be spoken or written or in the form of images that are sexual and offensive. Sexual jokes can be inappropriate and can make people feel uncomfortable or harassed. If you are in a situation where someone is making sexual jokes, here are some steps you can take to address it: Communicate your discomfort: Let the person know that their jokes are making you uncomfortable. You can do this by calmly and directly saying something like, "I don't find that joke funny, and I would appreciate it if you didn't make those kinds of comments around me." Set boundaries: If you feel uncomfortable with a certain topic or type of joke, let the person know and set clear boundaries. You have the right to express your feelings and expectations for what is acceptable behavior. Report the behavior: If the sexual jokes continue despite your requests to stop, it may be necessary to report the behavior to a supervisor or authority figure. Many workplaces and institutions have policies in place to address this type of behavior. Seek support: If you feel uncomfortable or upset by the jokes, seek support from a trusted friend or counselor. Talking about your experience can help you process your emotions and come up with a plan to address the situation. Remember, sexual jokes can be a form of harassment and it is important to take action to address the behavior. By speaking up and setting boundaries, you can help create a safer and more respectful environment for everyone. - [STOP - Inappropriate touching](https://posh.metisindia.com/product/stop-inappropriate-touching/) - Contact with a co-worker becomes inappropriate when it makes you feel uncomfortable, when it is unwanted, or if it becomes violent. No one should have to deal with unwanted touching in the workplace. Dreading going to work each morning is a stressor that you should not have in your life. Inappropriate touching can be a form of sexual harassment and it is never acceptable. If you experience inappropriate touching, there are steps you can take to stop it. Clearly communicate your boundaries: Be clear and firm in communicating your boundaries. Let the person know that their behavior is not acceptable and that it needs to stop immediately. Remove yourself from the situation: If possible, remove yourself from the situation to ensure your safety. If you are at work or school, consider speaking to a supervisor or authority figure for assistance. Seek support: Reach out to a trusted friend, family member, or counselor for support. Talking about your experience with someone you trust can help you process your emotions and come up with a plan to address the situation. Take legal action: If the inappropriate touching continues or becomes more severe, you may want to consider taking legal action. Contact a lawyer or legal service to discuss your options. Remember, inappropriate touching is a form of harassment and you have the right to feel safe and respected. Do not hesitate to take action to protect yourself and stop this behavior. - [Be Brave](https://posh.metisindia.com/product/be-brave/) - [Get this](https://posh.metisindia.com/product/get-this/) - "No means no" is a simple and powerful phrase that emphasizes the importance of consent in any form of sexual activity. It signifies that individuals have the right to refuse or withdraw consent at any time, and their decision should be respected without question. Consent is a crucial aspect of healthy and respectful relationships. It means that individuals willingly and voluntarily agree to engage in sexual activity based on their own free will, without any form of coercion, manipulation, or pressure. Consent should be enthusiastic, informed, and ongoing, meaning that it can be given or withdrawn at any point during the interaction. It is essential to understand that consent must be explicit and communicated clearly. Assuming consent based on silence or non-verbal cues can lead to misunderstandings and potentially harmful situations. It is always best to obtain explicit verbal consent from all parties involved to ensure clarity and understanding. Moreover, it is important to note that consent is not valid if an individual is unable to give consent due to factors such as being underage, being intoxicated, being asleep, or being coerced. In these cases, engaging in sexual activity without consent can be considered sexual assault or rape - [STOP Unwanted and unwelcome behavior](https://posh.metisindia.com/product/stop-unwanted-and-unwelcome-behavior/) - Sexual harassment, misconduct, or inappropriate behaviour (verbal, non-verbal, physical, or digital) is not acceptable in any form. Every individual has the right to feel safe, respected, and valued. Consent, boundaries, and dignity must always be honoured. Silence does not mean agreement, and discomfort should never be ignored. We all share responsibility for creating an environment free from harassment and intimidation. Speak up, support one another, and take action when boundaries are crossed. Respect is not optional, it is essential for a safe and inclusive community. - [Speak Out](https://posh.metisindia.com/product/speak-out/) - Sexual harassment is a serious issue that can have a devastating impact on the victim's mental, emotional, and physical well-being. It is never okay and should not be tolerated in any setting. An estimated 75% of individuals who get harassed at work don’t file a complaint owing to fear of negative consequences and retaliation, lack of confidentiality, job insecurity and more… This poster is designed to encourage women to come forward to complain against sexual harassment at workplace. If you or someone you know has experienced sexual harassment, it is important to speak out and seek help. Remember, speaking out about sexual harassment is not easy, but it is important. By taking action, you can help put an end to this unacceptable behavior and prevent it from happening to others. - [I am Quiet](https://posh.metisindia.com/product/i-am-quiet/) - Silence should never be interpreted as consent, especially in situations where consent is crucial. Consent requires active, enthusiastic participation and clear communication from all involved parties. Silence can often indicate discomfort, uncertainty, or a lack of understanding, and it's essential to respect that and actively seek clarity and mutual understanding. - [POSH compliant](https://posh.metisindia.com/product/posh-compliant/) ## Portfolio - [Business Accounting Wealth & Capital Management](https://posh.metisindia.com/portfolio/business-accounting-wealth-capital-management/) - Pellentesque tempus aliquam erat, sit amet on the pharetra tortor vestibulum. - [Financial Services Core Customer Centric Approach](https://posh.metisindia.com/portfolio/financial-services-core-customer-centric-approach/) - Pellentesque tempus aliquam erat, sit amet on the pharetra tortor vestibulum. - [Product Design & Branding Innovative Brand Design Concepts](https://posh.metisindia.com/portfolio/product-design-branding-innovative-brand-design-concepts/) - Pellentesque tempus aliquam erat, sit amet on the pharetra tortor vestibulum. - [Business Consultancy Corporate Consultancy Solutions](https://posh.metisindia.com/portfolio/business-consultancy-corporate-consultancy-solutions/) - Pellentesque tempus aliquam erat, sit amet on the pharetra tortor vestibulum. - [Inventory Management Maintaining Tracking System](https://posh.metisindia.com/portfolio/inventory-management-maintaining-tracking-system/) - Pellentesque tempus aliquam erat, sit amet on the pharetra tortor vestibulum. - [Customer Satisfaction Value for Money Solutions](https://posh.metisindia.com/portfolio/customer-satisfaction-value-for-money-solutions/) - Pellentesque tempus aliquam erat, sit amet on the pharetra tortor vestibulum. ## Case Studies - [Customer Satisfaction Value for Money Solutions](https://posh.metisindia.com/case-studies/customer-satisfaction-value-for-money-solutions/) - Pellentesque tempus aliquam erat, sit amet on the pharetra tortor vestibulum. - [Inventory Management Maintaining Tracking System](https://posh.metisindia.com/case-studies/inventory-management-maintaining-tracking-system/) - Pellentesque tempus aliquam erat, sit amet on the pharetra tortor vestibulum. - [Business Consultancy Corporate Consultancy Solutions](https://posh.metisindia.com/case-studies/business-consultancy-corporate-consultancy-solutions/) - Pellentesque tempus aliquam erat, sit amet on the pharetra tortor vestibulum. - [Product Design & Branding Innovative Brand Design Concepts](https://posh.metisindia.com/case-studies/product-design-branding-innovative-brand-design-concepts/) - Pellentesque tempus aliquam erat, sit amet on the pharetra tortor vestibulum. - [Financial Services Core Customer Centric Approach](https://posh.metisindia.com/case-studies/financial-services-core-customer-centric-approach/) - Pellentesque tempus aliquam erat, sit amet on the pharetra tortor vestibulum. - [Business Accounting Wealth & Capital Management](https://posh.metisindia.com/case-studies/business-accounting-wealth-capital-management/) - Pellentesque tempus aliquam erat, sit amet on the pharetra tortor vestibulum. ## Events - [Webinar on Sexual harassment in cyberspace](https://posh.metisindia.com/event/sexual-harassment-in-cyberspace/) - Reporting and redressal The shift to the ‘work from home’ or ‘online’ work culture has left employees vulnerable to sexual harassment and sexual abuse. With so many people using the Internet regularly, acts of deviance are likely to occur at increasing rates. Join us to understand the nuances of sexual harassment in this new workplace. ## Downloads - [POSH Allahbad HC Dr. Tapas Kumar Das vs Harush Chandra](https://posh.metisindia.com/download/13448/?tmstv=1783683889) - Read a concise analysis of the Allahabad High Court judgment in Dr. Tapas Kumar Das v. Harish Chandra and its key POSH law implications for Internal Committees, natural justice, delayed complaints, and workplace inquiries - [Offensive Language Alone Is Not Sexual Harassment: Punjab & Haryana HC](https://posh.metisindia.com/download/13416/?tmstv=1783683889) - Punjab & Haryana HC ruled that offensive workplace language alone does not constitute sexual harassment under Section 354A IPC without a sexual element. - [Case Law - Dr Mohinder Kumar vs The Chairman, NABARD](https://posh.metisindia.com/download/13289/?tmstv=1783683889) - The Bombay High Court last week, came to the rescue of an employee of National Bank for Agriculture and Rural Development (NABARD), - [Allahabad HC - Suspension Of HOD In Sexual Harassment Case](https://posh.metisindia.com/download/12979/?tmstv=1783683889) - Allahabad High Court emphasizes the importance of suspending a head of department accused of sexual harassment to build confidence among women employees - [Metis POSH - About Us](https://posh.metisindia.com/download/12733/?tmstv=1783683889) - [Metis POSH - Case Law- Calcutta HC - WBNUJS Professor's against Vice-Chancellor](https://posh.metisindia.com/download/12692/?tmstv=1783683889) - The Calcutta High Court has directed the local committee, 24-Parganas (North), constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short, the Act of 2013) ("POSH Committee") to reconsider a complaint by a professor of NUJS Kolkata, accusing the University's Vice-Chancellor ('VC') of sexual harassment. The POSH Committee - [Metis-POSH-Case law-POSH UNION OF INDIA AND OTHERS vs Dilip Paul 061123](https://posh.metisindia.com/download/12586/?tmstv=1783683889) - This is an important judgment where Supreme Court held that in a case pertaining to sexual harassment at workplace, the courts should not get swayed by insignificant discrepancies and hyper-technicalities and assess the impact of any procedural violation against the overall fairness of the inquiry. The judgement pronounced by a bench comprising CJI DY Chandrachud, - [HC Jaipur - Civil Writ Petition against Chief Manager Bank of Baroda](https://posh.metisindia.com/download/11765/?tmstv=1783683889) - Said Order attached. The High Court that: In the present digital world, work place for employees working in the Bank and who have earlier worked in the same Branch and later on shifted to different branches which may be situated in different States has to be treated completely as one work place on a digital platform. Thus, if a person may be posted in Jaipur and acts on a digital platform harassing another lady who may be posted in a different State, it would come within the ambit of being harassed in a common work place. The contention of the counsel for the petitioner, thus on the aforesaid count is rejected. The second submission of the counsel for the petitioner is that obscene and overt messages alleged to have been sent after the working hours are concerned, suffice it to note that the petitioner was holding the post of Chief Manager and the work timings for officers of senior level cannot be taken into consideration as between 10.30 AM to 4.30 PM alone. That apart knowing fully well that the concerned lady is in employment with the Bank and holding the subordinate post. If messages are sent after working hours, then it would amount to causing harassment and prima facie would come within the meaning of misconduct under the Regulations of 1976. - [New Delhi-Metropolitan Magistrate against Srilankan Airlines judgment](https://posh.metisindia.com/download/11771/?tmstv=1783683889) - Srilankan Airlines had a policy SPASH viz. Special Policy Against Harassment with effect from 01.10.2005. This was much before the That the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 came into force after receiving the assent of the president on 22.04.2013. However, the court held that Srilankan Airlines did not constitute the ICC as required under the POSH Act after 22 April 2013. The court also held that the company had a committee as per their SPASH policy. This policy was not in compliance with Section 4 (1) of Sexual Harassment of Women (Prevention Prohibition and Redressal Act) 2013. The court held that the company has violated Section 4 (1) of Sexual Harassment of Women (Prevention Prohibition and Redressal Act) 2013 and is liable to be convicted u/s 26 of the same. It is now posted for arguments on sentence on 07.01.2021. - [Indore HC - Mrs Arvinder Bagga](https://posh.metisindia.com/download/11794/?tmstv=1783683889) - Since this judgment is exhaustive - in terms of disclosing the negative approach of the employer, the frustration built into the employee, outcome of complaint and the pro-active approach taken by the HC. In brief, lady joined as Senior Manager Marketing in July 2015, discharged duties correctly - even as per appraisal report. Medical Supdt. targeted her & probation was extended. Her email dated 18 March 2016 to top management pertaining to harassment at work was ignored, and the outcome was termination of her employment in April 2016. In the meantime, she preferred to address her complaint to the Directorate of Women Empowerment, State of Madhya Pradesh. Accordingly, it was referred to the Local Committee who issued notices to the hospital to respond. There was non - cooperation from the hospital and the Local Committee deputed a person to verify the existence of an Internal Committee at the hospital. The Local Committee concluded that there was in reality, no IC at the hospital (even though the hospital claimed it was notified), in spite of three opportunities the Medical Suptd. did not appear. - [Sikkim HC - Sikkim University and others](https://posh.metisindia.com/download/11781/?tmstv=1783683889) - In the Sikkim case, the complaint was pertaining to an incident at a wedding reception in a hotel, after duty hours and outside University premises. The question was whether it is a "workplace" within the meaning of the Act. HC stated that the complainant also mentioned earlier incidents which have occurred within the University and other female colleagues of the complainant have also highlighted their personal experiences against the accused. The HC stated that they will not dwell on this definition as the statutory appeal filed by the accused is pending before the Executive Authority of the University and " Any expression of opinion by this court on issues which have been or may be canvassed before the Executive Authority may prejudice the parties." Hence, the court only held that dismissal of the petitioner when statutory appeal is pending is bad in law. Court has disposed of the case accordingly to answer all other points. - [Kerala HC - Dr Prasad Pannian vs Central University](https://posh.metisindia.com/download/11788/?tmstv=1783683889) - In the Kerala HC judgment, it has dwelt only on one issue viz. whether a complaint given can be the basis of an enquiry under the provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013? The two bench judges after going through the judgment of the single judge of the same court. The court observed " Therefore, the very concept of sexual harassment in a workplace against a woman should start from an express or implied sexual advance, sexual undertone or unwelcome behaviour which has a sexual tone behind it without which provisions of Act 2013 will not apply." Accordingly, case has been disposed off. - [Handbook on Combating Gender Stereotypes](https://posh.metisindia.com/download/12554/?tmstv=1783683889) - The Handbook identifies common stereotypes about women, many of which have been utilised by courts in the past and demonstrates why they are inaccurate and how they may distort the application of the law. The intention is not to criticise or cast doubt on past judgements but merely to show how stereotypes may unwittingly be - [Metis-POSH-Case-Law-Dr.RK-Pachauri-deceased-Vs-Delhi-Industrial-Tribunal.pdf](https://posh.metisindia.com/download/12539/?tmstv=1783683889) - Dismissing an appeal filed by former Executive Vice Chairman of TERI R.K. Pachauri in a sexual harassment case, an Industrial Tribunal of Delhi’s Rouse Avenue Courts, has observed that a man should know the difference between explicit consent of a woman and her explicit “no” or implied consent. Presiding Officer Ajay Goel rejected the appeal - [Karnataka HC-Quashing criminal compliant-False and Malicious intent](https://posh.metisindia.com/download/12446/?tmstv=1783683889) - Karnataka High Court finds sexual harassment in open places like malls ‘highly improbable’; quashes charges The Karnataka High Court while expressing its shock over unlikeliness of sexual abuse in open places, quashed the charges of sexual harassment and fraud against the petitioner - [Tripura HC - Shila Debnath vs National Institute of Technology](https://posh.metisindia.com/download/12417/?tmstv=1783683889) - In this case, the High Court held that the aggrieved woman was not heard during the entire inquiry proceedings. This denial of opportunity showed the absence of required sensitivity of the Complaint Committee. The ICC failed in its statutory duty. Accordingly, report quashed & matter remanded back to ICC. - [POSH Posters – Jokes and statements](https://posh.metisindia.com/download/12400/?tmstv=1783683889) - [Its no joke](https://posh.metisindia.com/download/12398/?tmstv=1783683889) - [WEBINAR - "The first Meeting" in a POSH Inquiry process](https://posh.metisindia.com/download/11953/?tmstv=1783683889) - The first meeting is a make-or-break for all the parties concerned and instrumental in laying the foundation for a trustworthy, meaningful, and successful resolution process Find out how ! - [Mumbai-HC on confidentiality](https://posh.metisindia.com/download/12030/?tmstv=1783683889) - These are the first of the kind guidelines issued by a High Court in relation to cases arising out of workplace sexual harassment complaints. Summarising: 1. Parties are not to be referred by names, only as Plaintiff or Defendant 1 etc.2. In the body of the order, no personally identifiable information (PII) like email ID, telephone 3, address etc. is to be mentioned. No witness name or their address to be noted.3. Orders/judgments on merit not to be uploaded. It is to be delivered in private & only in Chambers or in camera.4. Entire record to be sealed; only advocate on record can inspect; record not to be digitized by third party without court order; witness deposition not to be uploaded.5. Hearings: in Chambers or in camera only; physical attendance only; advocate and litigant only - Court Master, steno etc permitted and all other support staff like clear, peon to leave court.6. If order to be released in public domain, order of court required.7. Prohibition on publishing name of parties, address etc is absolute and applies to media. Any breach will be contempt of court.8. Court express permission required before disclosing contents of order etc. to media or publishing. Witnesses in addition to oath, to sign statement of non disclosure and confidentiality. Breach is contempt of court.9. Proceedings not to be recorded or transcribed and breach is contempt of court.10. Industrial Tribunal / Labour Court to follow these guidelines. - [Madras HC – Mary Rajasekaran vs University of Madras](https://posh.metisindia.com/download/12066/?tmstv=1783683889) - In brief, the lady had raised a complaint on misappropriation of funds of the Alumina Association of the college to the college authorities. Her complaint was not investigated. She was transferred and later told not to come to work. She also alleged that a criminal complaint was filed by the college management against her son who was a student of the college. She filed an email complaint to the Police Commissioner and also complained to Womens Commission. Womens Commission passed an order upholding her complaint and directing the college to pay her arrears of salary etc. amounting to 65 lakhs. College filed a writ petition seeking direction to quash the Commission Order and the lady had already filed a writ petition seeking reinstatement with back wages and to prosecute the college for not enquiring inot her complaint of sexual harassment. - [Metis POSH - Case Law- Dr Savitri Tripathi vs State of Chhattisgarh 25 Oct 2021](https://posh.metisindia.com/download/12082/?tmstv=1783683889) - The petitioner has filed the present petition contending that she is Senior Professor of English and at the relevant time, she was posted at Government J.P. Verma, P.G. Arts and Commerce College, Bilaspur. Her complaint was against an Assistant Professor in English and posted at Government College, Akaltara visited Government J.P. Verma P.G. Arts and Commerce College, - [Calcutta HC- Soumen Sarkar vs The State Of West Bengal](https://posh.metisindia.com/download/12149/?tmstv=1783683889) - POSH Calcutta HC Soumen Sarkar vs The State Of West Bengal judgment dt 16 September 2021. This pertains to ICC constitution in which two members of the Governing Body of the college were nominated to enquire into the complaint lodged against an Associate Professor. ICC was constituted in accordance with the resolution of the Governing Body. Thereafter, - [Preponderance of Possibilities](https://posh.metisindia.com/download/12206/?tmstv=1783683889) - he Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 recognizes that sexual harassment often happens in isolation or in circumstances where evidence is difficult to come by. In several of these incidents, securing evidence like, messages, recordings, video footage, screenshots, etc… becomes a challenge. This leaves the committee with the word of the victim against the word of the perpetrator. - [INDIAN’S LAWS ON PREVENTION OF SEXUAL HARASSMENT AT WORK PLACE](https://posh.metisindia.com/download/12244/?tmstv=1783683889) - The various Acts have defined the definition of "sexual harassment at work place” but finally the Hon’ble Supreme Court has decided the principles of law in respect of prevention of ‘Sexual Harassment at workplace“ in matter of Vishaka v. State of Rajasthan 1997 (6) SCC 241 based on an Article 19 (1) g of the - [TAMIL NADU GOVERNMENT GAZETTE](https://posh.metisindia.com/download/12253/?tmstv=1783683889) - [Calcutta HC - Same gender person and raise a complaint not barred under Act](https://posh.metisindia.com/download/11755/?tmstv=1783683889) - "Sexual harassment, as contemplated in the 2013 Act, has to pertain to the dignity of a person, which relates to her/his gender and sexuality; which does not mean that any person of the same-gender cannot hurt the modesty or dignity as envisaged by the 2013 Act", HC said. - [Madras HC - Woman IPS Officer allegedly sexually harassed](https://posh.metisindia.com/download/11740/?tmstv=1783683889) - Madras HC woman IPS Officer allegedly sexually harassed stopped from filing complaint by DGP Madras HC takes cognizance 1st March 2021 suo moto writ petition. The HC has taken suo motu cognisance that the Special DGP used his influence to stop the lady IPS Officer from reaching Chennai to file a complaint. In the words of the court: "The case reached its crescendo when the lady officer was intercepted by a posse of policemen who had the audacity to stop the car and take away the car keys. It must be borne in mind that the officers who did it are named and they are in the ranks of Sub-Inspector and Inspector of Police, respectively and the officer who was sitting inside the car was a Superintendent of Police. This was exactly the incident which caught the attention of this Court. If IPS Cadre lady officers are going to face situations such as this, this Court thought that it is high time to take cognizance of the same to ensure that these instances do not happen in the future. - [Aurangabad HC - Withdrawing criminal complaint plea not permitted](https://posh.metisindia.com/download/11727/?tmstv=1783683889) - Aurangabad HC - Withdrawing criminal complaint plea not permitted as it defeats Vishaka guidelines The HC observed that " Object of Vishaka guidelines defeated if complainant is coerced to withdraw complaint: Bombay High Court in plea for quashing of FIR alleging harassment by male colleague, the Court noted that the complainant may have been compelled to file the affidavit. The plea was dismissed by the Court as the offences were spelt out." - [Delhi HC Bibha Pandey and Punjab National Bank](https://posh.metisindia.com/download/11722/?tmstv=1783683889) - The ICC concluded that the allegations cannot be termed as sexual harassment at workplace and complaint is rejected. Reproducing the recommendations of the ICC: " “After detailed deliberations, the committee observed that both the complainant Ms. Bibha Pandey as well as the respondent Shri Ashwini Kumar Vats have entered into a relationship with each other on personal basis, with mutual consent. The allegations of sexual, mental and emotional harassment is not substantiated as the actions on the part of the Respondent and the allegations cannot be termed as sexual harassment at workplace as defined under Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013. Therefore, the present complaint is rejected being non maintainable as per the provisions of the Act of 2013. The Committee observes from the records available that the Complainant as well as the Respondent, have acted in a manner which is unbecoming of an Officer employee of the Bank as they have indulged in inappropriate acts, not maintaining good conduct and discipline expected of them. The Respondent, being at a very senior position, failed to maintain the dignity and decorum of his position. No case under Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013 is made out. Both the Complainant as well as the Respondent have behaved and acted in a manner which is not befitting to the post held by them. On the contrary, it is detrimental to the organization and has vitiated the atmosphere of the Bank. The competent authority may take suitable action against them as deemed fit." - [Woman pilot moves Jammu & Kashmir High Court alleging sexual harassment](https://posh.metisindia.com/download/11711/?tmstv=1783683889) - Woman pilot moves Jammu & Kashmir High Court alleging sexual harassment by Flight Commander; non-compliance by IAF with POSH Act Interesting case which is being heard by J & K HC. The Jammu & Kashmir High Court has sought the response of Central government and Indian Air Force (IAF) officers in a plea by a woman pilot alleging sexual harassment on the part of her Flight Commander and the subsequent unfair manner of inquiry by the Internal Complaints Committee (ICC). - [Sexual Harassment Complaint from a NON-Employee](https://posh.metisindia.com/download/1201/?tmstv=1783683889) - What happens when a Non-employee (female) complains about our employee (male) on Sexual Harassment at workplace? To give an example – one of the recruiters of a Multinational Company, while conducting a campus recruitment in a premier business school, sexually harassed a woman from the institute. During the process of recruitment, he got hold of - [POSH Internal Complaints Committee - Going beyond boundaries](https://posh.metisindia.com/download/503/?tmstv=1783683889) - [The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013](https://posh.metisindia.com/download/11246/?tmstv=1783683889) - [Mediation-Alternate Dispute Resolution Mechanism](https://posh.metisindia.com/download/11556/?tmstv=1783683889) - Alternate Dispute Resolution Mechanism for Sexual Harassment at Workplace Mediation can be used in certain cases as the focus is primarily upon the needs and interests of the parties. The mediator is a neutral third person, skilled and trained to assist parties to successfully discuss with each other and find their own settlement terms. - [Characteristics and types of Sexual Harassment](https://posh.metisindia.com/download/746/?tmstv=1783683889) - There is a wide divergence of perceptions in our society as to what words or actions constitute sexual harassment. Due to the complexity of human behavior, it is difficult to pinpoint what exact behavior will be perceived as harassment by an individual. It becomes very difficult to draw a clear line between acceptable and unacceptable - [Conciliation procedure under POSH Act](https://posh.metisindia.com/download/11250/?tmstv=1783683889) - [Inquiry report format](https://posh.metisindia.com/download/11249/?tmstv=1783683889) - [Duties of IC](https://posh.metisindia.com/download/11378/?tmstv=1783683889) - Section 4 of the Prevention and Prohibition of Sexual Harassment of Women at workplace Act, provides for the constitution of an IC or the Internal Complaints Committee. Any company which has 10 or more employees need to constitute a Committee to address the complaints related to Sexual harassment arising at workplace. Integrity and impartiality of - [Checklist for employers to ensure a harassment free workspace](https://posh.metisindia.com/download/11245/?tmstv=1783683889) - The primary responsibility of an employer is to ensure a safe work environment for all its employees (both on premises and those working from home) and any other person who is directly or indirectly connected with the employer’s workplace. A safe work environment directly impacts productivity, employee morale, hiring, employee development, teamwork and innovation. Below - [Quid Pro Quo Sexual Harassment at workplace](https://posh.metisindia.com/download/538/?tmstv=1783683889) - [Checklist for the IC while handling a compliant](https://posh.metisindia.com/download/11252/?tmstv=1783683889) - [Template for registering sexual harassment complaint](https://posh.metisindia.com/download/492/?tmstv=1783683889) - [Essential tips for the ICC while conducting a POSH Inquiry](https://posh.metisindia.com/download/684/?tmstv=1783683889) - Sexual harassment inquiry should be conducted on the principles of natural justice and not as a formality. The Internal Committee is vested with the powers of a Civil Court and comes with great responsibilities. A wrong decision can destroy the career, reputation and family life of a man/woman if wrongly disciplined. The document contains essential - [DRAFTS - “Notice to appear before the IC”](https://posh.metisindia.com/download/999/?tmstv=1783683889) - On receipt of the written complaint , if the IC finds that the complaint is valid and fulfills the requirements under the POSH Act 2013, should send notices to the complainant and the respondent to appear before the committee for hearings to understand the nature and context of the incidents that have taken place. The - [Drafts - "Conciliation Settlement report"](https://posh.metisindia.com/download/1067/?tmstv=1783683889) - Conciliation is an alternative way to resolve a dispute between parties using a mediator. Conciliation can be initiated by the Internal Complaints Committee (ICC) as an option of redressing workplace sexual harassment complaints, only if the aggrieved person requests for the same. - [Drafts – “POSH Annual report format ”](https://posh.metisindia.com/download/1165/?tmstv=1783683889) - Section 21 (1) requires the Internal Committee or the Local Committee to prepare in each calendar year, an annual report and submit the same to the employer and the District Officer. - [Prevention of Sexual Harassment at Workplace](https://posh.metisindia.com/download/347/?tmstv=1783683889) - Want to know the procedure to handle a Sexual Harassment Complaint at Workplace? 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