Key supporting policies include:

Office Transportation Policy
A formal office commute policy directly strengthens women’s workplace safety. It empowers more women to continue their careers by addressing:

• Safety protocols for company-provided transport
• Reporting procedures for safety concerns
• Emergency and exception guidelines

Diversity, Equity, and Inclusion (DEI)
A DEI policy ensures women are treated fairly and equitably at work. They typically focus on:

• Employee Resource Groups (ERGs) for professional growth and well-being
• Gender-balanced, bias-free hiring practices
• Leadership training for women

Inclusive and Respectful Communication
Many organisations set clear communication guidelines to ensure respectful and inclusive interactions among employees. This includes:

• Avoiding sexist language, casual remarks, or offensive jokes
• Email and chat etiquette across internal and external networks

Social Media & External Communication
As the lines blur between physical and virtual workplaces, companies have implemented policies to protect women from online harassment. These typically cover:

• Conduct on professional networks and forums
• Guardrails against online harassment
• Rules around sharing colleague information on social media

Protecting Whistleblowers
The Whistleblower Policy supports bystander intervention and safe reporting. It ensures:

• An independent committee is set up to handle complaints
• Anonymous reporting channels
• Protection against retaliation

Workplace Dress Code
A professional dress code policy ensures that attire at the workplace is respectful and appropriate. It governs:

• Dress code for office and factory settings
• Cultural sensitivity across diverse workforces

Conduct at Informal Office Gatherings
The Code of Conduct often extends to informal events like offsites and parties to maintain professional standards by:

• Setting expectations for respectful behaviour and consequences of misconduct
• Encouraging bystander intervention

Workplace Relationships
The Code of Conduct may set down rules for office relationships to avoid conflicts of interest, favouritism, or harassment. These ensure:

• Disclosure of a relationship between employees under the same reporting manager
• Rules for supervisor-subordinate relationships
• Protection from retaliation if relationships end

Third-Party Engagement Policy
Vendors, contractors, and consultants are part of the extended workplace. Ensuring they’re aware of POSH norms helps maintain a consistent culture of safety and respect It broadly covers:

• POSH sessions during vendor onboarding
• Including POSH compliance clauses in contracts
• Clear reporting channels for misconduct

These policies work together with the anti-sexual harassment policy to create a work environment where women can thrive. At Metis, we partner with organisations to align these supporting policies with their POSH framework, ensuring that compliance leads to lasting cultural change.

The post Policies and practices that support workplace safety first appeared on Metis POSH Consulting Service LLP.

To create a culture of trust within your team, sexual harassment complaints must be handled with care, professionalism, and legal awareness. By responding effectively, you not only protect your team members but also strengthen your organisation’s commitment to gender equality, respect and inclusivity.

As the first point of contact in the Prevention of Sexual Harassment (POSH) cases, a manager has several key responsibilities that cover the legalities, the complainant, and the rest of the team.

Providing support

The first step is to give them your time. Please do not postpone meetings with employees when they specifically say they need to discuss something important or personal.

You must provide a safe, empathetic environment for the complainant to share their experience without judgement. Refrain from asking questions which sound biased and prejudiced. Remain impartial and avoid making assumptions or taking sides until a formal investigation is conducted. It’s not your job to make a decision or judgement, that’s for the internal committee, your role is to guide them on the next steps they can take.

Once you realise that the issue being reported to you by the employee falls under the purview of POSH, your job is to inform them about your company’s POSH policy. You can then help them reach out to the Internal Complaints Committee to make a formal complaint if that is what they want to do. Do not push them to proceed in a manner that makes them uncomfortable—the decision should be their own. Your role is to present the various options they have going forward. You may even need to seek guidance from your HR if you are in doubt about how to proceed.

Once the POSH investigation begins, support the concerned parties by allowing them time to attend the ongoing meetings and provide any assistance required. This could involve managing workloads and time-off.

Dotting the ‘i’s and crossing the ‘t’s

Never forget that sexual harassment is a serious issue that involves many legalities. As the manager, you need to make sure that these rules are respected.

The most basic rule is to ensure confidentiality. Ensure that the details shared are only disclosed to relevant parties as needed. If in doubt, don’t say anything and check with HR or the IC. Ensure the rest of your team is not discussing the case in the workplace. If confidentiality has been broken, you should address it immediately by telling the parties to refrain from talking about it and report it to the IC.

Make sure that you document every step and detail. Accurately note down the complaint, dates, times, locations, and specifics of the incident while maintaining the complainant’s confidentiality. You will need this information if and when the IC requests you to attend the case proceeding as the manager of the involved parties.

Use this information to cooperate with the IC If you are called during the investigation as a witness or stakeholder. They may need the documents or evidence you have collected or any feedback necessary for the case. Please stay neutral and provide every piece of information that is in your possession.

Managing the rest of the team

As a manager, building a respectful culture is key. The complainant must be protected against any form of retaliation, whether subtle or blatant. As a manager, you should keep an eye out to ensure that the complainant is protected from any further victimisation or retaliation from the team, the accused, or even yourself. You should have the self-awareness to make sure that your behaviour towards them does not change for the worse, particularly in terms of your managerial duties, such as handing out work assignments or performance reviews.

Managers should always stay informed about updates on company POSH policy and ensure their teams are trained on these protocols to foster a respectful workplace. Set up awareness sessions to educate them on any changes and ensure that every one of your employees has completed the required POSH modules.

Communication is key. Take the opportunity to talk about a safe work environment with your team members in your meetings. Provide an environment where employees can reach out without fear of judgment or retaliation. Before team outings or office events, reinforce the company code of conduct, responsible drinking, and safe transport.

Working with IC as an ally

As a manager and primary point of contact for the team, you have an opportunity to set the right tone and build a positive team work culture in a gender-diverse group. To give the right impetus to your efforts, working together with the Internal Committee as a partner and ally could prove truly effective. Employing the IC’s expertise to identify key points in the team’s journey and emphasizing good practices through the year can be a gamechanger. This will ensure that the ball doesn’t drop at any point and interventions are not a knee-jerk reaction when complaints are filed. Instead, a proactive approach towards POSH can create a healthy camaraderie and respectful attitude among the team.

Building a better team

It is crucial to put into practice these simple yet essential strategies for handling POSH complaints to create a safe and open environment for your team. Doing so will make team members feel more supported and secure, leading to better work outcomes. Happy employees who trust that their manager ‘has their back’ are more likely to work better together.

As a team manager, you can help build a better team and work culture by creating a supportive environment and ensuring that allegations are handled with care and professionalism.

The post Manager’s role in handling reports of sexual harassment? first appeared on Metis POSH Consulting Service LLP.

This Handbook offers guidance on how to avoid utilising harmful gender stereotypes, in particular those about women, in judicial decision making and writing. Each one of us sometimes employ stereotypes in our thoughts, words, and actions.

Download the HANDBOOK ON COMBATING GENDER STEREOTYPES – SUPREME COURT OF INDIA here (.pdf) Handbook on Combating Gender Stereotypes (2556 downloads )

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Presiding Officer Ajay Goel rejected the appeal moved by Pachauri who expired in the year 2020 during the pendency of the case. His legal representatives were brought on record.

The Tribunal upheld the findings and observations made against Pichauri in the final inquiry report dated May 19, 2015, submitted by the Internal Complaints Committee and said that there was no illegality and infirmity in the same. “The perusal of report further shows that ICC has carefully examined and perused the SMSs and e-mails exchanged between both the parties and concluded that such repeated attempts to foster personal relationship with reporting employees is not only a conflict of interest and misuse of designation, it also amounts to a violation of the prevention of sexual harassment policy,” the judge said.

A complaint was filed before ICC in February 2015 by a woman who was employed as Research Assistant with Pichauri, accusing him of sexual harassment. However, Pichauri challenged the final inquiry report on the ground that it was abuse of principles of natural justice and that the enquiry was conducted in predetermined and haste manner.

Dismissing the appeal, the judge said that the impugned report and proceedings of ICC showed that the Committee followed all principles of natural justice and served as a neutral body and conducted proceedings in a fair manner.

“From the reports of ICC and the documents available on record, it is apparently clear that the punishment inflicted are based on deposition and testimonies of witnesses examined in proceedings and the grounds raised in the appeal are not sufficient to set aside the findings of ICC,” the Tribunal said.

It noted that the allegations against Pichauri, regarding sexual conversation and inappropriate conduct at workplace, were supported and corroborated by various e-mails and text messages exchanged between him and the complainant on various dates.

“So it is clear that appellant was misusing his designation and his behaviour was causing discomfort and harassment to complainant. The clear picture which emerges is that a “Man” should know the difference amongst explicit consensus by woman and her explicit “No” or her implied consent. In the present matter, the whole conversation and evidence points towards nothing but to the fact that appellant was thrusting on the complainant which was not at all appreciated by complainant,” the judge said.

The Tribunal added: “If it was the consent of complainant, she would never had come forward with the complaint. Numerous instances are available which are not repeated in the judgment but have been gone through by the Tribunal. The appellant has physically as well as emotionally blackmailed complainant. The words used by the appellant clearly shows the sexual harassment of complainant which were not to be liking of complainant.”

It was also observed that Pichauri was at very good position and should have been extra vigilant in his conduct.

“He should have been setting example in the institution but to the contrary, he had rather violated the dignity of the woman by committing sexual harassment which cannot be ignored by the court and cannot be endorsed. So the arguments of appellant are not tenable,” the Tribunal said.

Download the judgement copy here:  Metis-POSH-Case-Law-Dr.RK-Pachauri-deceased-Vs-Delhi-Industrial-Tribunal.pdf (6653 downloads )

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In hearing a contempt application filed by the complainant/petitioner against the accused, his company and its agents, a single-bench of Justice Moushumi Bhattacharya directed the respondents/contemnors to prove that they had not been in “contumacious violation” of the Court’s orders, and that the impugned appraisal report was unconnected to the charges under the POSH Act, invoked by the petitioner against the accused/contemnor no 5. It was held:

“A person against who a complaint of sexual harassment has been made cannot, under any circumstances, be a party to the performance appraisal of the complainant…Rule 8(a) of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 specifically empowers the Complaints Committee to recommend restraining the respondent from reporting on the work performance of or writing the confidential report of the aggrieved woman. The work has to be assigned to another person. The 2013 Act strives to secure a safe environment to a woman in her workplace. The acts of the alleged contemnors have made a mockery of the object of the Act and the safeguards introduced therein.

Before going into the allegations and counter charges made by the parties, the alleged contemnors, particularly the alleged contemnor no. 5, must prove that there has been no contumacious violation of the judgment and order passed by this Court on 11th August, 2022 and must also show that the alleged contemnor no. 5 that the performance appraisal of the petitioner was unconnected to the charges levelled by the petitioner against the alleged contemnor no. 5.”

Brief facts of the case:

The applicant/petitioner in these contempt applications had accused respondent/contemnor no 5 of sexual harassment at the workplace, under several sections of the POSH Act, 2013.

During the pendency of the aforesaid matter, the petitioner/complainant claimed that the accused/contemnor no 5 had allegedly participated in an appraisal process of the complainant, while her petition was still being heard by the Court. Subsequently, judgement of the Court was delivered on the 11th of August 2022.

It was argued by the accused/contemnor no 5, that he was not the only person who participated in the appraisal process, and that his appraisal of the complainant had been reviewed by one of his colleagues, contemnor no 3. As such, it was submitted that such a review and a subsequent improvement in the scores of the petitioner would point towards impartiality in the review process, and that the status of the contemnor no 5 as an accused, would have no bearing on the appraisal of the complainant.

Observations of the Court

In holding that the actions of the accused in taking part in an appraisal process of the complainant was squarely against the provisions envisaged in the POSH Act, 2013, Justice Bhattacharya noted that even an improvement and review of grades or scores of the complainant would not give the entire process a look of impartiality or purity, since the very participation of the accused in the appraisal process would have vitiated it altogether. The Bench opined:

“The alleged contemnor no. 5 is admittedly a party to the appraisal made of the petitioner’s performance from December, 2021 – 31st March, 2022. The petitioner had levelled allegations of sexual harassment against the alleged contemnor no. 5. The defense taken on behalf of the alleged contemnors is that the appraisal was reviewed by the alleged contemnor no. 3 with an improvement in the scores and gradation. The very fact of the improvement would stand testimony to the subversion, prima facie, of the checks against sexual harassment under the 2013 Act.

Admittedly, the appraisal was prepared while the writ petition filed by the petitioner was being heard by the Court. The result of the appraisal was completed and uploaded on the website of the company for being viewed by the petitioner before the Court delivered the judgment in the writ petition on 11th August, 2022. The appraisal was uploaded on 30th July, 2022. The factual sequence leads to the presumption of foul play. The alleged contemnor no. 5 participating in the appraisal vitiates the process altogether…It is inconceivable that the alleged perpetrator arrogated to himself the power to assess the performance of the complainant at the work place and influence the petitioner’s future prospects.”

Accordingly, the contemnors were directed to keep the appraisal report of the complainant under strict confidentiality such that no person in the company could circulate or make the proposal known to anyone within the company, which could have a bearing on the outcome of the contempt application.

Matter has been listed for further hearing on 4th August 2023.

The post Participation Of Accused In Appraisal Process Of Complainant first appeared on Metis POSH Consulting Service LLP.

In deliberating over the instant matter wherein the petitioner had challenged the order passed by the Additional Chief Metropolitan Magistrate rejecting to discharge him from the charges of sexual harassment and fraud levelled by the complainant, the Bench of M. Nagaprasanna*, J., expressed his disbelief at the probability of any sexual contact or offence in open places- “The places of sexual contact that is depicted in the complaint is what shocks. The places are at Mindtree office, Forum Mall-Koramangala, Barton Center, all of which are open places. The petitioner sexually abusing the complainant in such open places cannot but be an allegation that is highly improbable”. Invoking State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, the Court decided to obliterate the charges against the petitioner as the alleged offences lacked any foundation.

The petitioner was working in the post of Delivery Center Manager at Mindtree Company Limited. The complainant joined the said Company to work under the petitioner on a contract that was to be in subsistence between 26-04-2017 and 11-08-2017. Just before the contract of the complainant could come to an end, a complaint was registered against the petitioner. It was alleged that the petitioner promised to convert the complainant’s contractual job into permanent one, but he went back on his word. It was further alleged that the petitioner made sexual advances towards the complainant and later refused to marry her. The petitioner challenged the registration of crime in the High Court and while this petition was pending, the police filed a chargesheet against the petitioner under Section 354-A and 420 of IPC. The petitioner then went to the concerned Court to seek discharge, but the Additional Chief Metropolitan Magistrate rejected his application.

Perusing the facts of the case, the Court expressed its shock at the probability of open spaces being a place for commission of sexual offences. The Court further noted that neither the complaint nor the charge sheet prepared by the Police, indicated any ingredient of offence of outraging a woman’s modesty. Regarding charges under Section 420, IPC, the Court pointed out that the allegation of the complainant that the petitioner has cheated and breached the promise of marriage, is plainly contrary to law, as breach of promise of marriage cannot become an offence under Section 420 IPC. With the aforesaid assessment, the Court held that the charges and proceedings against the petitioner lack any foundation therefore they ought to be quashed.

Download the Judgement copy here: Karnataka HC-Quashing criminal compliant-False and Malicious intent (5929 downloads )

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While handling a sexual harassment compliant, what should the Internal Complaints Committee keep in mind while conducting Inquiries?

Download the document here: Essential tips for the ICC while conducting a POSH Inquiry (4020 downloads )

The post Essential tips for the ICC while conducting a POSH Inquiry first appeared on Metis POSH Consulting Service LLP.

We have collated a list of important duties of the Internal Complaints Committee. Download the document here Duties of IC (3539 downloads )

Please download the checklist (.pdf) here:
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The post Duties of the Internal Complaints Committee first appeared on Metis POSH Consulting Service LLP.

We have designed a format to assist the aggrieved individual / victim / complainant in making a formal complaint to the Internal Complaints Committee (ICC).

Please download the Complaints form (.pdf) here: Template for registering sexual harassment complaint (8791 downloads )

The post Template for registering a sexual harassment complaint first appeared on Metis POSH Consulting Service LLP.

Download the inquiry report format (.pdf) here: Inquiry report format (10987 downloads )

The post Inquiry report format on completion of Inquiry first appeared on Metis POSH Consulting Service LLP.