The four elements discussed below provide a useful framework for understanding the facts, evaluating evidence, and assessing whether the alleged conduct may constitute sexual harassment under the POSH Act. When applying this framework, Internal Committees should remain guided by the principles of natural justice, fairness, and the standard of proof applicable to POSH inquiries, namely, the preponderance of probabilities rather than proof beyond reasonable doubt.

1. Perpetrator

Definition: The individual alleged to have committed the act.

What the Internal Committee needs to keep in mind

When examining a complaint, the Internal Committee should first identify who the respondent is and understand their relationship with the aggrieved woman. It is important to consider whether there was a power imbalance between the parties—for example, if the respondent was a reporting manager, senior leader, colleague, client, vendor, consultant, or any other person connected to the workplace.

The Committee should also assess whether the respondent’s position, authority, influence, or seniority may have affected either the alleged conduct or the complainant’s ability to respond, object, or report the incident.

At the same time, the Committee should remain objective and avoid making assumptions based solely on a person’s designation, length of service, performance record, or reputation within the organisation.

Questions to Consider
• Who is alleged to have committed the conduct?
• What was their role and position relative to the complainant?
• Did they have any supervisory or decision-making authority over the complainant?
• Were there previous complaints or concerns involving similar conduct?

POSH Lens: Focus on the conduct and evidence, not the individual’s status or organizational importance.

2. Mens Rea (Guilty Mind / Intent)

Definition: The mental state or intention behind the conduct.

What the Internal Committee needs to keep in mind

In POSH inquiries, it is often difficult to determine exactly what a person intended, as there is rarely direct evidence of their thoughts or motives. However, the Internal Committee can understand intent by looking at the person’s actions, the surrounding circumstances, and their communications.

The Committee should consider:
• Was the behaviour intentional or could it have been accidental?
• Did the respondent know, or should they reasonably have understood, that the behaviour was unwelcome?
• Did the conduct continue even after the complainant expressed discomfort, objected, or asked the respondent to stop?
• Is there evidence of similar behaviour occurring more than once or with others?
Looking at these factors can help the Committee understand whether the conduct was a one-time misunderstanding or part of a deliberate pattern of behaviour.

Questions to Consider
• Does the available evidence suggest that the conduct was intentional, careless, or a one-time mistake?
• Would a reasonable person have understood that the behaviour could make someone uncomfortable?
• Did the respondent continue the behaviour after the complainant showed discomfort or indicated that it was unwelcome?
• Do emails, messages, meeting interactions, or witness statements suggest that the conduct was deliberate rather than accidental?

This version encourages the Internal Committee to focus on facts and context rather than legal terminology.

Important POSH Perspective

A finding of sexual harassment does not always require proof of malicious intent. The impact on the recipient and whether the conduct was unwelcome are often more relevant than the respondent’s claimed intentions.

Example:
A respondent may say, “I was only joking.” The inquiry must assess whether the conduct was unwelcome and created discomfort, regardless of the stated intention.

3. Actus Reus (Guilty Act)

Definition: The actual conduct or behaviour complained of.

What the Internal Committee needs to keep in mind

This is often the most important part of a POSH inquiry because it focuses on the facts of the case and the evidence available to support them.

The Internal Committee should seek to clearly understand:
• What exactly is alleged to have happened?
• When and where did the incident(s) take place?
• Was it a one-time occurrence or did it happen repeatedly?
• What evidence is available to support or challenge the allegation, such as emails, messages,    documents, CCTV footage, or witness statements?
• Whether the alleged behaviour involved spoken comments, inappropriate jokes, messages     or emails, physical contact, requests for personal meetings, sharing explicit material, non-         verbal actions such as staring or gestures, or retaliatory treatment following the                           complainant’s rejection of the behaviour.

A clear understanding of the facts helps the Committee assess the complaint objectively and arrive at a fair conclusion based on the available evidence.

Questions to Consider
• What was said or done?
• Is there documentary evidence?
• Are there witnesses?
• Is there consistency between statements and evidence?

POSH Lens: Focus on facts, context, frequency, and workplace impact rather than isolated interpretations.

4. Injury (Resulting Harm)

Definition: The harm, impact, or adverse consequence resulting from the conduct.

What the Internal Committee needs to keep in mind

When assessing a complaint, the Internal Committee should remember that the impact of sexual harassment is not limited to physical harm. The alleged conduct may also affect a person’s emotional well-being, sense of dignity, confidence, career progression, or overall experience at work.

The Committee should consider whether the complainant experienced:
• Emotional distress, anxiety, or stress
• Humiliation, embarrassment, or loss of dignity
• Fear or discomfort in the workplace
• A hostile, intimidating, or uncomfortable work environment
• Negative effects on work performance or career opportunities
• Retaliation, victimisation, or unfair treatment after reporting or rejecting the behaviour

Understanding the impact of the conduct helps the Committee assess not only what happened, but also how it affected the complainant and the workplace environment.

Questions to Consider
• How did the conduct affect the complainant?
• Did it interfere with work performance?
• Did it create an intimidating or hostile environment?
• Did the complainant avoid meetings, travel, or interactions because of the conduct?

Important POSH Perspective

Even where significant harm is not demonstrable, conduct may still constitute sexual harassment if it falls within the definition provided under the POSH Act and is objectively unwelcome.

How should the Internal Committee look at cases

Think in four layers

• Element Key – Perpetrator | Inquiry question – Who allegedly engaged in the conduct?
• Element Key – Mens Rea | Inquiry question – What can reasonably be inferred about the intent, awareness, or recklessness behind the conduct?
• Element Key – Actus Reus | Inquiry question – What exactly happened and what evidence supports it?
• Element Key – Injury | Inquiry question – What impact did the conduct have on the complainant and workplace environment?

Key Takeaway for the Internal Committee

A well-conducted POSH inquiry examines who acted (Perpetrator), what was done (Actus Reus), why or with what awareness it was done (Mens Rea), and what impact it caused (Injury). Looking at cases through these four lenses helps consultants conduct fair, structured, evidence-based assessments while remaining aligned with the objectives of the POSH Act and principles of natural justice.

The post Guiding IC Members: Four Elements of Complaint Assessment first appeared on Metis POSH Consulting Service LLP.

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 and resolved, pending cases, and awareness programs conducted throughout the year. It is a legal requirement that must be filed with the appropriate district officer, emphasizing the importance of accountability and transparency within organizational cultures.

Welcome to Posh Conversations—a space where voices that matter come together to discuss safety, dignity, and inclusion in the workplace. In today’s blog, we’re diving deep into the nuances of the POSH Annual Report, a document that every organization must file but few truly understand. From what the report captures to why it matters, we aim to simplify, clarify, and shed light on this crucial element of workplace compliance.

Why the Emphasis on the POSH Annual Report?

One of the common inquiries from organizations is why so much emphasis is placed on this report. The POSH Annual Report is a measure of accountability and it demonstrates to regulators and stakeholders that an organization addresses complaints through due process. It sends a strong internal message that complaints are acknowledged and tracked, contributing to not just compliance but also fostering a culture of awareness and respect.

Answering Common Questions

• Who Prepares and Submits the Report

The Internal Committee (IC) is responsible for preparing the annual report, though submissions are typically made by the employer or HR. Once submitted, the district officer forwards a brief report to the state government.

• Does the Report Contain Names or Case Details?

Absolutely not. The POSH Annual Report maintains confidentiality by only reporting figures such as the number of complaints received, resolved, pending, and awareness activities conducted.

• What If There Were No Complaints?

Organizations must still file a “nil report,” which is a valid submission even if no complaints were registered during the year.

• Consequences of Non-Compliance

Failure to file the report can lead to penalties and raises red flags during audits. It is increasingly scrutinized by boards, investors, and external stakeholders.

• Filing for Locations with Fewer Than 10 Employees

According to Section 21, locations with fewer than ten employees are exempt from submitting an annual report.

• Who Signs the Report?

The report is typically signed by the Internal Committee’s Chairperson or Presiding Officer

• Including Conciliation Details

Even if a case is resolved amicably through conciliation, such details must still be reflected in the annual report.

• Awareness Sessions and Workshops

The report should declare all workshops, training sessions for IC members, and awareness programs conducted for employees through various formats.

• Determining the District office for Submission

Organizations need to identify the correct district officer based on their location. Contact details are usually available online, and verification is recommended to ensure accuracy.

The Story Behind the Numbers

It is a misconception that the report is only about numbers. The numbers tell an important story about the organization’s awareness, response to complaints, and effectiveness of the IC. A report with no complaints does not necessarily equate to a problem-free environment but could indicate a lack of awareness or reporting issues within the company.

It is a misconception that the report is only about numbers. The numbers tell an important story about the organization’s awareness, response to complaints, and effectiveness of the IC. A report with no complaints does not necessarily equate to a problem-free environment but could indicate a lack of awareness or reporting issues within the company.

What to include?

• Number of complaints of sexual harassment received in the year
• Number of complaints disposed of during the year
• Number of cases pending for more than ninety days
• Number of workshops or awareness programme against sexual harassment carried out
• Nature of action taken by the employer or District officer

Annual Report Format

To download the Annual Report Format Click Drafts – “POSH Annual report format ” (28672 downloads )

The post Understanding the POSH Annual Report – Annual Report Format first appeared on Metis POSH Consulting Service LLP.

Two significant Bills were introduced in the Rajya Sabha on December 5, 2025, proposing fundamental changes to the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The intent is clear: to make the law more inclusive, accessible, and stringent in its enforcement.

Key Changes Proposed Across Both Bills

1. Broader Scope and Gender Neutrality – One Bill proposes replacing the term “women” with “persons” throughout the Act.

• Gender-neutral protection:
  The Act’s coverage would be expanded to protect persons of all genders from sexual harassment at the workplace. This aligns with constitutional principles and the NALSA judgment.
• Inclusion of gig and platform workers:
  The definitions of “employee” and “employer” would explicitly include gig and platform workers.
• Internal Committee representation:
  Where the complainant is of a gender other than female, an additional representative of that gender must be nominated to the Internal Committee or Local Committee.

2. Strengthening Complainant Rights and Enforcement – The second Bill focuses on improving procedures, timelines, and accessibility.

• Extended complaint filing period:
  The time limit for filing a complaint would be extended from 3 months to 1 year.
• Faster implementation of IC recommendations:
  Employers or District Officers must act on Internal Committee recommendations within 30 days, reduced from the earlier 60-day timeline.
• Right to replace IC/LC members:
  A complainant may request the replacement of any committee member if trust or confidence is lost during the inquiry.
• Stricter confidentiality provisions:
  Confidentiality obligations are strengthened, with penalties for disclosure of the complainant’s identity or inquiry details, including removal of the IC/LC member responsible for the breach.
• Higher penalties for employers:
  The penalty for non-compliance would increase from ₹50,000 to ₹2 lakh.
• More inclusive Local Committees:
  Local Committees must include representation from the informal sector (including domestic work, construction, gig work, etc.) to improve access to justice.

Why This Matters

These proposed amendments represent a significant step toward creating a truly inclusive and equitable legal framework for Indian workplaces. They also reinforce the importance of robust, accessible, and time-bound mechanisms for addressing workplace sexual harassment.

The post Proposed amendments to the POSH Act. 2013 first appeared on Metis POSH Consulting Service LLP.

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.

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 (8075 downloads )

The post Delhi Industrial Tribunal – Consent of a woman and her explicit “no” first appeared on Metis POSH Consulting Service LLP.

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 (6906 downloads )

The post Quashing criminal complaint of sexual harassment – Karnataka HC first appeared on Metis POSH Consulting Service LLP.

(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 to believe that there might be a potential threat of harassment of the victim, or upon apprehension expressed, after calling for reports from the police, the nature of protection shall be separately considered and appropriate order made, in addition to a direction to the accused not to make any contact with the victim;

(c) In all cases where bail is granted, the complainant should immediately be informed that the accused has been granted bail and copy of the bail order made over to him/her within two days;

(d) Bail conditions and orders should avoid reflecting stereotypical or patriarchal notions about women and their place in society, and must strictly be in accordance with the requirements of the Cr. PC. In other words, discussion about the dress,behavior, or past “conduct” or “morals” of the prosecutrix, should not enter the verdict granting bail;

(e) The courts while adjudicating cases involving gender related crimes, should not suggest or entertain any notions (or encourage any steps) towards compromises between the prosecutrix and the accused to get married, suggest or mandate mediation between the accused and the survivor, or any form of compromise as it is beyond their powers and jurisdiction;

(f) Sensitivity should be displayed at all times by judges, who should ensure that there is no traumatization of the prosecutrix, during the proceedings, or anything said during the arguments, and

(g) Judges especially should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court.

Takeaways for the Internal Committee members from the guidelines.

• Soon after receiving a complaint of sexual harassment, IC should take steps to make sure that the victim and alleged harasser does not make contact to prevent further harassment of the victim.
• The potential threats of retaliation and harassment should be well thought through and identified during the first meeting itself so that IC can proactively plan and recommend preventive measures to the Management for implementation.
• Do not trivialise any complaint and create an environment of safety, trust and hope for the victim to share her details. First meeting with the victim is key to securing that trust.
• Victim should be kept apprised of the IC proceedings at all times. Keep in constant communication with the victim, inquiring about her and providing her information on matters related to the case.
• While handling a case, IC members must be gender sensitive and make a conscious decision to stop reflecting stereotypical or patriarchal notions about women and their place in society.
• A discussion about the dress, behavior, or past “conduct” or “morals” of the female victim, should not influence the decisions of the IC. They need to deal with the case purely on its merits (resolved accurately, based on law and the facts ).
• The IC should not suggest compromises between the victim and the alleged harasser. However, on request of the aggrieved party, a conciliation between the parties is allowed, strictly without monetary settlement.

The post Key takeaways for the Internal Committee from the Supreme Court’s seven guidelines: first appeared on Metis POSH Consulting Service LLP.

1. 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.
2. 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.

Download the Civil Writ Petition here:   HC Jaipur - Civil Writ Petition against Chief Manager Bank of Baroda (8982 downloads )

The post HC Jaipur – Civil Writ Petition against Chief Manager Bank of Baroda first appeared on Metis POSH Consulting Service LLP.

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 the phone number of one of the selected female candidates and asked her out for a drink and forced her to meet him in case she needs a job in the company.  The girl was being sexually harassed by the recruiter.

She complained of Quid-pro-Quo sexual harassment against the recruiter with the IC of the Multinational Company.

To know more download the article here Sexual Harassment Complaint from a NON-Employee (2625 downloads )

The post Sexual Harassment Complaint from a NON-Employee first appeared on Metis POSH Consulting Service LLP.