Legal procedure outside Workplace for Sexual Harassment Cases

Legal procedure outside Workplace for Sexual Harassment Cases 


The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, requires employers to adhere to measures to prohibit and prevent sexual harassment of women at work and, in particular, to establish an internal committee ("IC") for the resolution of complaints. The mandate aims to hold employers accountable for giving women a safe and respectable working environment.

In addition to the IC, legal procedures outside of the workplace can also be used to escalate problems. This may be done as a result of workplace or IC noncompliance with the law, or concurrently with any workplace escalation. Following is a discussion of some methods of such escalation outside of the workplace:

Suit for compensation before a Civil Court

Can order for compensation in cases of confidentiality breach and follows the same procedure as regular civil cases with evidence and arguments from both sides. Enraged parties have also filed defamation cases for false complaints.

Petition for a writ before the high court

Can make an order of Mandamus (direct workplaces to set up an IC where it does not exist), or follow any provision of the law, in the case that the workplace is a PSU or government department or organization. Can make an order of Certiorari (review of an Order made by the IC), wherein it can quash the Report and order for re-inquiry.

Criminal Complaints

For offences such as outraging modesty, sexual harassment, voyeurism, and stalking, a FIR must be filed against the perpetrator under any or all subsections of Section 354 IPC. 


POSHADVO

digital marketing agency in delhi






Comments

Post a Comment

Popular posts from this blog

Essential Skills for Internal Committee (IC) Members: Navigating Workplace Harassment Cases

The role of Internal Committee (IC) members in addressing workplace harassment is pivotal in creating safe and inclusive environments. As custodians of the prevention, prohibition, and redressal framework laid out by the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act), IC members need a diverse skill set to effectively handle cases. This article delves into the key skills required by IC members to navigate the complexities of workplace harassment cases. 1. Legal Acumen: A fundamental skill for IC members is a sound understanding of the legal framework governing workplace harassment. Familiarity with the POSH Act and related regulations equips IC members to interpret and apply the law accurately during investigations, ensuring that the organization remains compliant. 2. Empathy and Sensitivity: Dealing with workplace harassment cases requires a high degree of empathy and sensitivity. IC members must be attuned to the emotional w
Read more

National Commission of Women and POSH ACT

Image
A statutory organization called the National Commission of Women ("NCW") was established to examine and develop legal and policy recommendations pertaining to women's rights in India. Its role includes recommending corrective legal action, facilitating the resolution of grievances, and providing policy advice. In addition, the PoSH Act has given the NCW a very particular role, allowing it to file a complaint on behalf of an injured woman with her consent if she is physically unable to do so. Any woman also has the right to report sexual harassment, including at work, to the NCW. To accomplish this, go to the "Register online" menu and select the "Sexual Harassment at Workplace" category. Additionally, any woman has the right to report sexual harassment to the NCW, including at work. This can be done online by choosing the 'Sexual Harassment at Workplace' category from the list of available options under the 'Register online complaints'
Read more

Posh at Work

Image
POSHADVO has been founded to help keep workplaces free of sexual abuse across all sectors in the country. POSHADVO  firmly believes, as an organization, that  sexual harassment  is a serious denial of the right to equality, dignity and respect. Sexual abuse at work is something that most people routinely witness, but many do not openly speak about. Typically, this is for fear of losing their job, facing society's scorn, being caught up in never-ending court action or for other unspecified reasons. Posh @ Workplace Gender equality in all dimensions is a basic human right and the Constitution of India (“Constitution”) guarantees all its citizens equality of status and opportunity.  Sexual harassment  is considered as a violation of a woman’s fundamental right to equality, which right is guaranteed by Articles 14 and 15 of the Constitution. The Constitution also provides every citizen the ‘right to practice or carry out any occupation, trade or business, which includes the right to a
Read more