Petitioner was working as District Programme Officer, Kushinagar when he was suspended by an order passed by Chief Secretary Child Development and Nutrition, Uttar Pradesh on grounds that words said do not amount to sexual harassment, the internal complaint committee was not duly constituted under the Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Counsel for petitioner submitted that as per the statement of the complainant, the petitioner had called her fatty and had often suggested that she go on evening walks with him and also invited her to have meals with him. It was argued that this by itself does not constitute sexual harassment. It was also argued that procedure prescribed for dealing with such complaints was not followed by the internal complaints committee.

Per contra, counsel for respondent argued that body shaming of the complainant and all events taken together constituted sexual harassment under the Act. It was argued that since the petitioner’s statement was recorded, he could not now say that he could not put up his defence. He should have filed an application before the internal complaints committee for cross-examination.

An FIR lodged against the petitioner regarding sexual harassment of another female was also brought on record before the Court to argue that many women working in petitioner’s department have felt uncomfortable. The Court observed that suspension is not a punishment but a measure to prevent the delinquent from influencing the proceedings against him. “An employee is placed under suspension by the employer only to ensure that he is not able to influence the enquiry in any manner, in as much as he is not able to interfere with the evidence or also in such cases where the employer finds it necessary to place an employee under suspension so as to have smooth disposal of disciplinary proceedings.” Holding that a head of a department’s suspension pending inquiry leads to confidence building, the Court observed that the way in which the remark was made “may” constitute sexual harassment, however, it refrained from making any final remarks as the disciplinary proceedings were ongoing. It held that prima facie case was made out for suspension of the petitioner. The Court disposed of the writ petition, directing the petitioner to approach the appellate authority.

Download the Judgment copy here – Allahabad HC - Suspension Of HOD In Sexual Harassment Case (2159 downloads )

The post Allahabad HC – Suspension Of HOD In Sexual Harassment Case first appeared on Metis POSH Consulting Service LLP.

A recent survey indicates a 31% increase in complaints during the 2022-23 fiscal year compared to the previous year, reflecting a significant rise in reported incidents. This upward trend is projected to persist into 2025. However, there has also been a rise in the number of false complaints. The troubling misuse of the policies framed to protect victims of harassment can have severe and far-reaching consequences.

The Vishaka Guidelines, established by the Supreme Court of India in 1997 to address sexual harassment in the workplace, gave birth to the POSH Act. The crucial legislation was enacted to create a safe working environment for women. Unfortunately, when false complaints are made, the very foundation of the Act gets undermined.

Understanding false complaints

Any complaint filed under the POSH Act where the complainant has made intentionally false allegations against the respondent, with an intention to malign their reputation are termed as false complaints. In fact, the courts are also calling out a recurring pattern in the blatant misuse of law through the false complaints route. Late last year, the Supreme Court noted a ‘worrying trend’ of disgruntled partners seeking to term long-term consensual relationships as harassment under penal laws.

However, non-availability of evidence should not be construed as false complaints.

Serious ramifications

False complaints may be driven by personal vendetta, a desire to save their own skin, or worse, as a prank. Regardless of motive, the ramifications of false complaints are nothing but devastating for all parties involved and may include loss of reputation and even career disruption. Moreover, after a false complaint, employees may become excessively cautious and may begin to constantly second-guess their behavior in order to steer clear of even the smallest hint of harassment.

The impact on genuine victims of false complaints is profound, as each false accusation undermines trust and makes it more difficult for real victims to come forward. Despite neutral investigations, doubt can taint new cases, causing genuine victims to fear that their reports will not be believed.

Most importantly, this erosion of trust extends to the POSH Act itself. Many employers and employees are of the view that this Act is problematic rather than protective, and allows frivolous complaints and misuse. The prevalence of these kinds of complaints reinforce these misconceptions, undermining the credibility of genuine ones and the critical purpose of the Act.

False complaints can also significantly drain company resources, requiring extensive time for investigations, documentation, and legal procedures. This resource drain is particularly problematic for organisations that already view POSH as a challenging area, as it exacerbates existing concerns and leads to a pervasive mistrust in the system.

The false complaints can create a toxic work environment, resulting in fissures within teams, reducing morale, and fostering a culture of suspicion. Employees may become hesitant to interact with colleagues, fearing false accusations, which stifles collaboration and productivity. The cumulative effect of these factors can severely undermine the overall workplace atmosphere and efficiency.

Punishments

The IC should first investigate sexual harassment claims and judge whether they are true or false. To do this, the IC should follow due process and conduct a thorough investigation while ensuring it is unbiased and impartial.

Under the POSH Act, if an inquiry committee finds that a sexual harassment complaint is false or made with malicious intent, the complainant could face serious consequences, including termination of employment. The purpose of this is to prevent false or frivolous claims, while ensuring that the grievance redressal process remains fair and just for everyone involved.

How organisations can address the issue

To mitigate the impact of false complaints, organisations should adopt a balanced approach that upholds the integrity of the POSH Act, while protecting individuals from wrongful accusations at the same time.

It is also imperative for organisations to ensure that the ICs are in place and that all investigation processes are thorough, impartial, and fair. For this, organisations must also provide training to the ICs on how to handle all complaints objectively and sensitively.

That apart, there should be clear consequences for those found to be making false complaints. This will majorly help deter individuals from misusing the system, while reinforcing the importance of genuine reporting.

Most importantly, organisations must conduct regular training sessions on the importance of the POSH Act and the ramifications of false complaints, which can help foster a culture of trust and transparency. Educating employees about the serious consequences of false reporting can act as a deterrent.

Conclusion

While the rise in false complaints is a troubling trend, it is crucial to remember the original intent behind the POSH Act – to create a safe and inclusive workplace for all. By addressing the issue of false complaints head-on and implementing measures to protect both genuine victims and the wrongfully accused, organisations can uphold the integrity of their workplace policies and ensure a respectful and supportive environment for everyone.

By adopting a balanced approach, including robust investigation processes, clear consequences, support systems, and continuous education, organisations can effectively mitigate the impact of false complaints and maintain a fair and safe workplace.

The post The ramifications of false complaints in the workplace first appeared on Metis POSH Consulting Service LLP.

One mandate of the POSH Act is that every employer with 10 or more people in their workforce must set up an Internal Committee (IC) to help drive prevention, awareness, and sensitisation and put in place formal mechanisms for complaints, redressal, and remedial actions. The committee must have at least four members, including one external member.

This external member is generally expected to represent either a non-governmental organisation or an association working towards women’s causes or should be someone cognizant with sexual harassment matters and pertinent rules. This member has, perhaps, the most crucial role to play in ensuring that the IC functions and delivers as expected.

Why bring an ‘outsider’ into ‘internal’ affairs?
In February 2020, India’s apex court asserted that “the purpose of having such a member is to ensure the presence of an independent person who can aid, advise and assist the Committee. It obviates an institutional bias…” These are pertinent points.

Prevention and remedial processes must be robust and trustworthy for the law to be truly effective in upholding the conditions of a safe work environment for women. Trust and transparency are vital factors. Victims and witnesses are more likely to come forward if they have a good understanding of the organisation’s stance and policy on sexual harassment matters at the workplace. Complainants will come forward only if they can repose enough faith and confidence in the system. Potential instances of harassment can be prevented only if would-be harassers understand there would be consequences for them that serve as effective deterrents.

That’s why the right external IC member can bring several advantages including:

Gravitas
Without doubt, members of the IC must be armed with ample knowledge, competencies, and tools to function properly and create real impact. They must have adequate training to take on nuanced complaints and tangled investigations besides a clear grasp of the legal and ethical aspects. A competent IC also treats every complaint with gravitas and without bias, facilitating mediation and counselling sources as the situation requires. They must investigate complaints with thoroughness and neutrality, making timely enquiries and report findings with recommended actions against the person accused of harassment.

Broader perspective and expertise
However, this is easier said than done. Confidence in the system is a lot harder to achieve than competence. Here, the importance of the external member’s role cannot be emphasised enough. While other members of the IC understand the inner workings of the organisation well, an external member can ensure that the focus on the issue is unwavering. Unlike internal members who might have other work priorities, the external member is essentially an expert with a primary focus on dealing with these matters. They also bring in a wider variety of experiences working with other organisations, expertise in the POSH Act, documentation, enforceability, timelines and so on.

Objectivity and unbiased approach
Objectivity and neutrality are of utmost importance for ICs to be efficient and effective. Organisations must seek an external expert who is well-trained in schooling their emotions. Such a member would not carry any baggage of preconceived notions or existing relationships that can divert or impact the course of inquiries and redressal – internal members may not always be able to avoid biases.

The inclusion of such a member in the IC will greatly boost the outcomes of its inquiries, investigations, and decisions and improve employees’ trust in the system which is so elusive but essential.

The post Why an efficient external IC member is crucial first appeared on Metis POSH Consulting Service LLP.

While office parties are often a great setting for colleagues to bond, get to know each other, and just have some fun as a team, they cannot be an excuse to normalise unacceptable behaviour. Many let their guard down when drunk and become loose-lipped. They may let go of their sense of judgment and overstep personal boundaries while trying to be friendly.

Toeing the fine line

There is a fine line between the personal and the professional. Office parties are meant to get colleagues to relax, have fun, and mingle freely for better in-office collaboration. While being friendly is welcome as a way to build a personal rapport with teammates and colleagues, maintaining a balance is essential.

Anything that could end up creating an uncomfortable situation at work should be deliberately avoided. As an example, if you tend to get really brash after two drinks, stay aware of your limits and steer clear of controversies. Alcohol cannot be a license to behave badly and do and say as you please. The ‘I was drunk’ excuse will not cut it anymore.

Intent versus perception

While your intent may not be wrong, perception matters. If your actions can potentially put a strain on your working relationships, avoid indulging in those actions. While you may believe that you are just being friendly, the other party may get offended or consider your actions a violation of personal boundaries. In certain instances, misbehaviour (even perceived) at such events has led to even more serious repercussions.

The same applies to bystanders too. If you find a colleague crossing the line in their interactions with another colleague, speak up and find ways to diffuse the situation.

Also, it does not matter whether it is a formal work event, a company-sponsored party, or an informal team meet-up outside the office, the rules are the same.

Social events at work are a great opportunity to get to know your colleagues as people- to find shared interests, talk about hobbies, and build camaraderie at work. However, never lose sight of professional boundaries and basic human decency even as you let your hair down.

The post Get social, but not unprofessional, at office parties first appeared on Metis POSH Consulting Service LLP.

Support is key

One of the most important things to understand as a bystander is the power of support. Witnessing harassment places someone in a sensitive position. They may not know how to intervene and may fear the consequences of their actions.

A key part of supporting the victim is to avoid forcing them to either file a complaint or confront the perpetrator. However, this does not mean standing by idly; instead, bystanders should try to be available for the victim in ways they (the victim) find helpful.

The role of empathy

The primary role of bystanders should be offering comfort and empathy. This form of empowerment will help victims feel like they are not alone, while also respecting their autonomy.
Empathy is the foundation of effective bystander intervention. Often, people don’t speak up because they assume others will, or they convince themselves it’s not their place. Unfortunately, this often leaves victims feeling isolated. A supportive bystander recognises that they don’t need to fix the problem themselves, and that they just need to ensure the victim knows they have someone in their corner.

Witnessing harassment and choosing to “look the other way” can be equally damaging as the harassment itself. When bystanders speak up to deflect inappropriate behaviour, or support victims of sexual harassment, this helps change general societal attitudes and define safer spaces for everyone. When bystanders understand the impact of their silence, they are more likely to take action, whether through words of encouragement or simply being present.

Empowerment through training

Bystander intervention programs and training are essential to changing the culture within organisations. These programs help educate employees recognise harassment, how to safely intervene, and how to support victims without overstepping boundaries. Simple acts like offering to accompany a colleague to HR if they choose to report an incident, or simply listening to them, can make a world of difference.

At the heart of these programs is the idea that witnessing something harmful and doing nothing can cause further harm. The culture of “I just want to do my work, it’s not my business” must be replaced with one where people feel responsible for creating a safer, more inclusive environment.
Formal bystander training programs are becoming more widespread in organisations, teaching employees not just how to spot harassment, but also how to offer tools for safe intervention. These programs are not just about helping others but also about recognising that harassment, in any form, damages workplace culture. As a bystander, understanding how to respond without judgement and supporting victims through empathy and care can create a ripple effect that benefits everyone.

Changing culture

What bystanders have to do is clear: don’t be a passive observer. Instead, step in with support and solidarity. The responsibility of creating safer spaces lies not just with victims or leaders of the organisation, but with every employee who happens to witness harassment. By offering support, listening, and standing in solidarity, we can shift from a culture of silence to one of empowerment and action.

The post From silence to support: The role of bystanders first appeared on Metis POSH Consulting Service LLP.

The recent case of a post-graduate trainee doctor brutally murdered at a state-run hospital has raised the same question again – why haven’t we been able to create safe spaces for women?

This prompts a deeper reflection on how societal institutions must step up as custodians of a culture of respect and equality, to create safe spaces for women.

Family, educational institutions, workplaces, media, and state-led institutions play a critical role in shaping and influencing an individual’s overall value systems. They lay the groundwork for the norms, perceptions, attitudes, and behaviours that are carried into adulthood. For example, a manager who believes that sexually charged remarks at the workplace can be taken casually has gained this understanding from observing similar attitudes from family, community, or the media. At a deeper level, the confidence that they can get away with impunity is due to a lack of awareness as well as lack of clear policies and framework at the macro planes of organisational, juridical, and policy-making. This further intensifies the belief that harassment of women in any form is justified.

So, how can we create change and ensure safe spaces for women within the family, in schools, and at the workplace? By going back right to the start, with the institutions that are well placed to create change at strategic and formative points in any individual’s life, irrespective of their upbringing.

• Family first – a foundation of respect

The family is the first, and most important institution since it shapes a child’s attitudes and values about gender roles and sets the foundation for values such as respect, equity, and empathy from a tender age. Parents who model gender equality, teach children about mutual respect and consent, reject violence in any form, and promote open communication create an environment where girls feel safe and empowered.

By offering a strong emotional support system, families can foster an innate sense of security and give women the courage to speak up and seek justice against any form of violence.

Mindful parenting and language are also important, to reshape the harmful attitudes that are handed down unknowingly. We frequently hear parents telling their sons to “act like a man” and not to cry, which undermines their emotional well-being and can lead to unhealthy behaviors. This is an example of how families impose harmful gender stereotypes on children. Stereotypical views, such as girls cannot play sports or that boys should not express sensitivity, are internalised at a young age and can negatively affect them as they grow up.

Families that prioritise girls’ education and encourage financial independence for women enable them to gain necessary life skills and resources to protect themselves and others, and boldly advocate for their rights.

Most importantly, families can help break stereotypes by challenging traditional gender roles and expectations by promoting equal division of responsibilities and decision-making. This can reduce the power imbalances that often lead to unsafe environments for women.

• Schools and educational institutions – imparting learnings for life

A school is a place where a child essentially enters a ‘learning environment’. Hence, it is vital for teachers to go beyond the call of duty and impart a worldview and keen understanding of gender equity and equality, forming healthy relationships, and the importance of consent. Educating students on gender sensitivity can prompt critical thinking, questioning familial attitudes and challenging negative stereotypes. This could, in many instances, lead to ‘reverse mentoring’ in the family as well. Moreover, education leads to empowerment – opening their minds by equipping girls with knowledge, understanding their rights, and giving them the confidence to be assertive. By providing safe spaces to discuss and report harassment and abuse-related issues, schools can truly set the stage to effectively address gender-based violence.

• Workplace culture – promoting safe spaces for women through equity and respect

Companies are a pivotal point at which an individual’s behaviour and attitudes can be challenged, with a clear call to change or face the consequences. Organisations are additionally incentivised to create and nurture safe spaces, as they bear the brunt of reputational damage through the actions of individuals employed with them.

So how can companies ensure they are creating an environment where women can feel safe, valued, and bring their best selves every day?

• By establishing and categorically communicating a clear zero-tolerance policy against any manner of harassment
• By providing mandatory training sessions ‘right down to the last man’ to recognise unconscious bias, prevent harassment
• By empowering every employee to raise their voice and help create a positive and safe work culture
• By setting up anonymous and therefore safe reporting and transparent grievance redressal processes for women to come forward and report issues without fear of repercussions
• By carrying out thorough, fair, and timely investigations into complaints and holding the offenders accountable irrespective of their position in the organisation
• By ensuring women are well-represented in leadership roles and across departments
• By empowering women talent through mentoring and sponsorship programs, and return-to-work programs
• By instituting flexible work policies and facilities to support new mothers
• By conducting regular pay equity audits to ensure women and men are paid equally for helming the same roles and responsibilities, along with equitable benefits
• By ensuring a workplace that is ‘safe by design’ – well-lit spaces with greater surveillance and security with no ‘blind spots’
• By facilitating the formation employee resource groups for women to openly discuss challenges, network and seek support from peers
• By conducting periodic surveys and using feedback to continuously refine policies and introduce new initiatives

Social institutions need to go beyond policy

While policies are in place to address women’s safety and rights, compliance is not enough to effect widespread societal change. For instance, the Protection of Women from Domestic Violence Act, 2005 and amendments to the Maternity Benefit Act of 1961, POCSO and POSH are great examples of the government doing its part to influence the broader legal and social climate in favour of women’s safety and fundamental rights.

However, deep-rooted social change can only be driven by formative societal institutions, in their entirety, to ensure a woman’s fundamental rights as a human being are safeguarded today but also light the path for future generations to follow.

The post The Role of Family and Institutions in Creating Safe Spaces for Women first appeared on Metis POSH Consulting Service LLP.

After seven long years, the redacted version of the report was released, which shines a glaring light on the disturbing gender exploitation that exists in the Malayalam film industry. The report pointed out several crimes against women, including minors, and the existence of a ‘mafia’ that controls the whole industry. Here are some of the major findings:

• Sexual abuse and casting couch: The committee interviewed women from the industry, who said they had to face unwanted physical advances and rape threats even before they commenced work. Women also stated that they were coerced into exchanging sexual favours for job opportunities, and had to face denial of employment or career advancement if they refused.
• Lack of safety on the film set: Many men, influential in the industry, were known to knock on the doors of the rooms of women artists. To circumvent this, women resorted to bringing their parents or close relatives to the set and their accommodations.
• Inadequate facilities on set: Women artists said they were put through a lot of hardship given the inadequate facilities, such as changing rooms and toilets, for them on set, especially in outdoor locations.
• Poor working conditions: Junior artists, who were interviewed by the Hema committee, claimed they were “treated worse than slaves”, having to work for nearly 19 hours at poor remuneration. They also said intermediaries misappropriated a good part of their payments.
• Cyberthreats and cyberbullying: Artists, who refused to comply with the demands of those powerful in the industry, had to face the threat of online harassment. Cyberbullying, public threats, and defamation posed significant challenges for them.

Although the report is specific to the Malayalam film industry, the sad truth is that a similar culture exists across various industries, and the findings of the Hema Committee resonate with the challenges women face in other industries as well.

Recently, renowned actor Rahul Bose sought to know why no other industry has constituted committees to look into the increase in cases of sexual harassment. He called for the need for greater awareness to empower women to speak up and fight harassment.

A few days ago, a committee was formed in West Bengal to investigate sexual harassment of women in the Bengali film industry. It has been reported that the Tamil and Telugu film industries are also likely to establish committees with the aim to protect women in the respective industries.

Meanwhile, in the Kannada film industry, though actor Sanjjanaa Galrani mooted the establishment of the Sandalwood Woman Artist Association, the Karnataka Film Chamber of Commerce has opposed the move to set up a panel akin to the Hema Committee. Earlier this month, at least 150 persons, including actors, writers, and directors sent a formal letter to Chief Minister Siddaramaiah to form a committee to look into the sexual abuse allegations in the Kannada film industry, also known as Sandalwood.

The #MeToo movement that gathered steam in 2017 was a watershed moment, given that it helped highlight gender discrimination and harassment across various sectors globally. It empowered countless individuals to share their experiences and brought significant attention to the need for systemic change in workplaces.

The Sexual Harassment of Women at Workplaces (Prevention, Prohibition and Redressal) Act, 2013, more commonly known as the PoSH Act, came into effect in December 2013. However, it was only in 2018 that the Securities and Exchange Board of India mandated all listed companies to disclose the data on sexual harassment complaints in their annual reports. As per data available, in 2013-14, when PoSH was implemented, 161 cases were reported. A year later, this number surged to 465. The numbers have continued to rise till 2020-21. Following the outbreak of the COVID-19 pandemic and subsequent work-from-home option, the number of cases dropped to 586 cases across 300 companies, down from 961 cases the previous year. In 2021-22, the number increased again to 767 cases, followed by a spike the following year reaching 1,160 cases, a whopping 51.2% jump.

The release of the Hema Committee report serves as a wake-up call not just for the Malayalam film industry, but for all sectors where gender exploitation and harassment persist. With 80% of women in India employed in the unorganised sector—often facing informal work, low wages, and job insecurity—the report aims to inspire change and improve conditions for women everywhere.

The Hema Committee report has shed much-needed light on the crucial gaps and challenges in the implementation of the PoSH Act. Here are some of the top takeaways from the report that all industries should focus on to ensure women’s safety:

• Lack of awareness: One of the biggest challenges identified is the widespread lack of awareness of the PoSH Act among employees, especially in the small and medium-sized enterprises (SMEs) sector. This can be addressed by creating awareness among the entire workforce.
• Inadequate implementation: Several organisations have either not formed Internal Committees (ICs) or have ICs that do not function effectively, which undermines the Act’s impact. Organisations can comply with the Act by forming these committees and ensuring that they function properly in letter and spirit.
• Training gaps: There is an urgent need for regular and structured training programmes to educate both employees and management on the PoSH guidelines and responsibilities. Regular training programmes and awareness campaigns should be part of an organisation’s annual calendar.
• Accountability issues: The report highlights a lack of accountability in enforcing the PoSH Act, with many complaints either being mishandled or worse, ignored. This challenge can be addressed by ensuring transparency and accountability in the functioning of the ICs.
• Protection for informal sector workers: Women in the informal sector often face the brunt of workplace harassment; yet, there are very few mechanisms to address their concerns. The workers’ associations or unions should put in place mechanisms to address the problems of these women.

While there have been strides in implementing the PoSH Act, much more needs to be done to ensure that workplaces are truly safe and inclusive for women. From increasing awareness and training to enhancing accountability and protections for women in informal sectors, the road ahead requires collaborative efforts from industries, regulators, and society at large.

It’s time to turn awareness into action and ensure that every woman feels empowered and protected in her place of work. To know more about what to do to make your workplace safe and inclusive for women, get in touch with us.

The post 5 key findings of the Hema Committee report first appeared on Metis POSH Consulting Service LLP.

In a significant ruling, the Madras High Court recently held that even an isolated offence of sexual harassment at the workplace must be considered as a ‘continuing offence’ if it is grave in nature and is causing constant trauma and fear in the victim’s mind.

Therefore, such an offence should not be barred by the six-month period of limitation mandated by Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act [PoSH Act], the Court said.

In an order passed on June 11, Justice D Bharatha Chakravarthy said that in most cases of sexual harassment at the workplace, a complainant battles the dilemma of whether to risk making a complaint and face secondary victimisation by those around her or suppress such complaint and live under constant fear and trauma.

It might take the complainant a long time to finally muster up the courage to make a formal complaint and testify before the Internal Complaints Committee (ICC) under the PoSH Act.

In the process, the complainant continues to suffer even after the incident of sexual harassment, the judge said.

“Therefore, in such cases where the alleged offence is a grave one, and has caused constant trauma and fear for the victim, the offence must be considered a continuing one, the judge said. Thus, when the offence complained of is a serious one having the effect of causing grave mental trauma and stress to the victim, pushing her to a dilemma not to reveal or complain due to the fear of secondary and tertiary victimization, on the other hand, she is also unable to withstand, swallow or suppress the same, then that state of the victim fits the definition of undergoing continuous sexual harassment. So long she undergoes such a phenomenon; the same is directly attributable only to the perpetrator and therefore would amount to a continuing offence. Such a phenomenon is not just the effect of the act, but is the injury itself,” the High Court said.

Justice Bharatha Chakravarthy apologised to women litigants who were asked uncomfortable questions during cross examination.

The Court was hearing a petition filed by one R Mohanakrishnan, a superintendent in the district police office, in the Nilgiris district in Tamil Nadu, challenging an enquiry report of the Internal Complaints Committee (ICC) in the rape complaint filed against him by one of his female colleagues.

The petitioner argued that the alleged incident of rape had taken place in April 2018.

But the woman lodged a formal complaint with the local police much later and that was then forwarded by the police to their employer only in December 2022.

Therefore, the ICC enquiry had commenced more than four years after the alleged incident, it was pointed out.

As per the PoSH Act, a complainant can file a written complaint either with the internal or local complaints committee within three to six months of the sexual harassment incident.

Therefore, the ICC proceedings and the enquiry report must stand vitiated by the statute of limitation, the petitioner argued.

The State government opposed the plea.

The Court agreed with the State’s submission that the woman had been traumatised by the incident and had confided in some colleagues.

It had taken her much counselling to finally lodge a complaint.

Even after the complaint, someone had “leaked” a copy of the complaint on YouTube without masking her name and the complainant had lived in constant fear of her family coming to know of the incident and resultant secondary victimisation by the society, the Court noted.

“The instant case is not an isolated incident of misconduct such as passing lewd remarks or inappropriate touching etc. In such a solitary instance, the victims cannot be permitted to withhold and exercise their right of remedy to their wish and time, thereby preventing the delinquent employee from having a fair and impartial hearing to be in a position to defend himself effectively. Whereas in cases of serious allegations such as rape or continuous molestation or harassment, the same would be a continuing misconduct and every day until the situation is redressed or brought to the notice of the appropriate authority would give rise to a fresh cause of action. The purpose of the provision of Limitation in Section 9 has to be understood in this context. Thus, in this case, I reject the submissions of the learned counsel for the petitioner that merely because the incident happened in the year 2018, the complaint cannot be entertained by the local committee in the year 2022,” the High Court said.

The Court, therefore, refused to quash the ICC enquiry report in its entirety.

However, it noted that the petitioner had not been given a chance to cross-examine all witnesses.

Therefore, Justice Chakravarthy directed that the ICC, which had already concluded its enquiry in the case, must be re-constituted with the same composition as far as possible.

The committee should then address the petitioner’s grievances in relation to the cross-examination of witnesses, the Court said.

The post Single instance of sexual harassment can be considered ‘continuing offence’. Madras HC first appeared on Metis POSH Consulting Service LLP.

Personal space in the context of Indian culture

Personal space refers to the physical distance individuals need to feel comfortable and safe. This distance is essential for ensuring all employees, especially women, feel secure in the workplace. In India’s high-context culture, subtle communication and non-verbal cues heavily influence interpersonal interactions. Physical closeness, often a sign of trust in social settings, may cause discomfort in professional ones. As workplaces become more gender-diverse, it is critical to define and manage these boundaries to avoid misunderstandings and enhance comfort for everyone.

Legal framework surrounding personal space

The POSH Act of 2013 is crucial in defining sexual harassment, which includes unwanted, unnecessary  physical contact, as a legal offense. Building on precedents set by cases like the Vishaka, the Act highlights the urgent need for organisations to maintain clear boundaries and respect personal space.

Challenges in maintaining personal space

Different views on what is appropriate personal space can lead to inadvertent violations in densely populated work environments. Simple actions— such as reaching over someone to interact with a computer, navigating through a crowded room or lift, standing too close while conversing or unintentional physical contact during team activities—might seem trivial but can significantly impact an individual’s comfort and sense of security, particularly for women in the workplace

Best practices for employers

Employers play a crucial role in defining and enforcing personal space boundaries to ensure a safe and respectful workplace. They should:

• Clearly define and communicate acceptable personal space practices within the organisation.
• Offer training sessions that not only clarify these boundaries but also build awareness on how to handle potential personal space issues.
• Foster an environment where employees feel comfortable discussing personal space concerns and report violations without fear of reprisal

Role of employees in respecting personal space

Employees must:

• Respect and adhere to the established personal space guidelines.
• Communicate their boundaries clearly and when necessary, assertively.
• Utilise designated channels to address any personal space concerns, contributing to a culture of mutual respect and safety.
• Respect personal boundaries in shared spaces like break rooms, conference rooms and common areas.

Acknowledging and respecting personal space is essential for maintaining professionalism and compliance with POSH standards as workplace demographics continue to evolve. Protecting and supporting the growing female workforce through clear and consistently applied personal space guidelines not only safeguards these individuals but also empowers them, improving the overall workplace culture. As diversity in our workplaces increases, it is essential to adapt our practices around personal space to make sure every employee feels secure and respected.

Revisit your organisation’s POSH policies and training programs to ensure they adequately cover the nuances of personal space. Regular engagement in these discussions will help maintain a safe and respectful work environment for ALL employees.

The post Understanding Personal Space (Physical): A POSH perspective for the Indian workplace first appeared on Metis POSH Consulting Service LLP.

The POSH Committee in the impugned order, had dismissed the petitioner’s complaint on the grounds that it was barred by limitation

In disagreeing with the order of the committee, a single bench of Justice Kausik Chanda directed the committee to reconsider the petitioner’s complaint on merits and pass a reasoned order. The Court stated:

The question of limitation is a mixed question of law and fact and, therefore, the issue of limitation could not have been decided by the local committee at the threshold stage without evidence. The local committee, in deciding the issue of limitation, should accept the allegations made in the complaint at its face value. There is no occasion to examine the veracity of the allegations made in the complaint at the threshold stage.

The petitioner, an associate professor at the university submitted that she had filed the complaint in 2023, and submitted an application for condonation of delay in 2024, which was rejected by the committee, since the incidents complained of had occurred between 2019-2023.

Counsel for the petitioner submitted that the committee had failed to read the complaint in its proper perspective and misdirected itself in concluding that the complaint filed by the petitioner was barred by limitation, relying solely on the definition of “sexual harassment” as provided under Section 2(n) of the Act of 2013. It was stated that the local committee had failed to take into consideration the definition of “sexual harassment” under Section 3(2) of the Act of 2013.

Counsel for the petitioner submitted that if the complaint filed by the petitioner was read as a whole, it would be apparent that the petitioner had alleged several incidents of implied or explicit threats of detrimental treatment in her employment.

It was argued that the Respondent-VC had also interfered with her work and created an intimidating and hostile work environment for her. The petitioner has also been subjected to humiliating treatment affecting her health and safety. It was argued that the committee did not take into consideration the definition of “sexual harassment” under Section 3(2) of the Act of 2013 and erroneously held that the complaint of the petitioner was barred by limitation.

Counsel for the university supported the findings of the local committee and stated that nothing has been alleged in the complaint that occurred after April 2023, in relation to or connected with any act or behaviour of sexual harassment.

Therefore, it was stated that the alleged incidents of victimization having no nexus with sexual harassment cannot extend the period of limitation. Counsel further submitted that the committee had considered the complaint of the petitioner as well as the reply filed by the respondent-VC and came to a factual finding that no act of sexual harassment took place beyond April, 2023.

The documents produced before the committee with the reply of respondent-VC make it clear that none of the incidents alleged to have taken place after April, 2023, have any nexus with the act or behaviour of sexual harassment. Therefore, the findings of the committee should not be interfered with by this Court, it was stated.

Counsel on behalf of the respondent-VC, submitted that the petitioner herself filed an application for condonation of delay and the committee was not satisfied with the explanation provided by the petitioner in her application, and as such, the petitioner at this juncture cannot contend that her complaint was not barred by limitation.

It was stated that since the petitioner could not sufficiently explain the delay in filing the complaint, the local committee has rightly rejected the complaint.

In perusing the submissions and order passed by the local committee, the court found that the order made by the POSH committee dismissing the petitioner’s complaint on the grounds of limitation could not be sustained.

In looking into the concept of limitation under the POSH act, the court referred to the petitioner’s complaint and stated that it was evident that the local committee did not consider the incidents that allegedly took place after April, 2023 as “sexual harassment.”

In my view, the incidents alleged to have taken place between April, 2023 and December 21, 2023, suggest that the petitioner has been subjected to threat of detrimental treatment in her employment and respondent no.7 has created an intimidating, offensive and hostile work environment for her. In the present case, the allegations made in the complaint clearly suggest that the circumstances of victimisation and detrimental treatment allegedly taken place between April, 2023 till December, 2023 have a nexus with the alleged sexual harassment of the petitioner between September, 2019 to April, 2023. Therefore, if the complaint is read as a whole, would lead to a conclusion that the same was within the period of limitation in terms of Section 9 (1) of the Act of 2013, the Court held.

Accordingly, the plea was allowed and the local committee was directed to reconsider the petitioner’s complaint and deliver a verdict on merits.

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