In a recent judgment, the Madras High Court has expanded the rights of aggrieved women under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the “PoSH Act”). The decision (link below) clarifies the application of deadlines for reporting sexual offenses, potentially offering the aggrieved women greater flexibility in seeking justice. The PoSH Act prescribes a time limit of 3 months for filing complaints against sexual harassment. However, in the present case of R. Mohanakrishnan v. Deputy Inspector General of Police (W.P. No. 10707 of 2024, W.M.P. Nos. 11796 and 11797 of 2024), the Court introduced a crucial distinction observing - in cases of severe sexual assault causing "grave mental trauma," the deadline may not be a limiting factor (link below) for the aggrieved woman to file a complaint. The Court distinguished between isolated incidents of misconduct, which require timely complaints and serious allegations of sexual assault or molestation, which are considered "continuing misconduct" until redressed or reported. The Court's reasoning centers on the recognition that severe sexual assault can inflict lasting emotional distress on the aggrieved. This trauma may hinder the aggrieved woman’s ability to come forward immediately, causing delays in reporting. By acknowledging this reality, the Court allows for complaints to be filed even after a significant lapse in time (in this case, 4 years), as long as the assault caused "grave mental trauma." This judgment represents a significant victory for women who face sexual harassment at the workplace. It empowers them by acknowledging the complex emotional impact of such experiences and grants them more time to pursue legal recourse. What are your thoughts on this judgment? Think it’s fair? Let us know in the comments below and reach out to Rainmaker for further queries or assistance on PoSH matters. https://lnkd.in/g23Q3xuX https://lnkd.in/dwKCJCnU 📞 +91 90290 00180 ✉️ info@rainmaker.co.in 🌐 https://rainmaker.co.in/ #PoSHAct #WorkplaceHarassment #Rainmaker #VictimRights #LegalRecourse #MentalTrauma #JusticeForWomen #WorkplaceSafety #HarassmentReporting #CourtRuling
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Many of us frequently tell things like, "Oh, you gained weight," "Oh, you lost weight," or "You look thin/thick" etc .This has become so commonplace that we use it in everyday conversations. We need to realise how this affects the person, not only this but it is also immoral and illegal, but it can also land you imprisonment for years and may incur fine as well . One of the strongest and most well-known laws is the “Prevention of Sexual Harassment (POSH) at Workplace” (Prevention, Prohibition, and Redressal),2013. Most people have heard of it, but very few understand how strong it is, since some of the women have experienced numerous illegal things, so it is the required law ,but many of them also misuse this for improper purposes, such as seeking revenge or acting out of jealousy etc . Thus, be extra cautious in your words and deeds towards your female colleagues especially . Even a small act of praise also from you could get you behind the bars.
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In a recent ruling, the Madras High Court dealt with the definition of a continuing offence of sexual harassment under the PoSH Act and held that even a single serious incident of workplace sexual harassment, if it causes lasting trauma and fear for the victim can be said to be a continuing incident. This decision acknowledges the enduring mental and emotional toll victims endure, which often delays their decision to report the harassment. Stressing that such ongoing harm shouldn't be constrained by the Act's six-month limitation period for making a complaint, the ruling aims to empower victims to seek justice without undue time pressure, thereby safeguarding their workplace rights. This ruling highlights a significant shift in how workplace sexual harassment is perceived and addressed, emphasizing the importance of robust protections and support systems in ensuring a safe and respectful work environment for all employees. #WorkplaceHarassment #LegalJustice #EmployeeRights #MadrasHighCourt #KeepItRight
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💼As per section 4 of the The Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013 every organization which has more than 10 employees is required to constitute an Internal Committee ('IC') at the workplace to investigate into the complaint of sexual harrasment. 👥 The IC shall consist of: 🔸1 Presiding officer: a senior level woman employee of the organization. 🔸2 Internal members: members selected by and among the employees. 🔸1 External member: Note:- 50% of the nominated members of the committee shall consist of women. - Adv. Siddhi Sawant #poshact #awareness #posh #sexualharassment #prevention #internalcommittee #labourlaw #LLR #law
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📍Dear all Women 📍 Relevant 📍*Laws*📍 Related to Women's Safety: 1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: This law protects women from sexual harassment at their workplace. It mandates the establishment of an Internal Complaints Committee (ICC) in workplaces with more than 10 employees to address complaints of sexual harassment. 2. Protection of Women from Domestic Violence Act, 2005: This law provides protection to women from domestic violence, including physical, emotional, sexual, and economic abuse. It empowers women to seek protection orders, residence orders, and monetary relief. 3. The Criminal Law (Amendment) Act, 2013: Often referred to as the Nirbhaya Act, this law was enacted in response to the 2012 Delhi gang rape case. It expanded the definition of sexual offenses, enhanced punishments for sexual violence, and introduced stricter laws on stalking, voyeurism, and acid attacks. 4. Dowry Prohibition Act, 1961: This law prohibits the giving or receiving of dowry, a practice that often leads to harassment and violence against women. 5. Indecent Representation of Women (Prohibition) Act, 1986: This act prohibits indecent representation of women through advertisements or in publications, writings, paintings, or figures. 6. The Protection of Children from Sexual Offences (POCSO) Act, 2012: While this law specifically addresses sexual offenses against children, it is important for women to be aware of it, especially for the protection of young girls. 7. Indian Penal Code (IPC) Section 354: This section deals with assault or criminal force against a woman with intent to outrage her modesty. It includes provisions for punishments for acts like stalking, sexual harassment, and use of criminal force with intent to disrobe. Remember, your safety is a priority. Trust your instincts and take these precautions to stay safe. Knowing your rights and the laws that protect you can empower you to act decisively when necessary. Thanks & Regards, HR Manager Three D Power Visualization Pvt Ltd
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A Stark Reminder of the need of Stronger Protections The horrific rape and murder of Dr. Moumita Debanath is a tragic reminder of the danger women face, even in spaces where they should feel safe, where she is responsible to give life to others. Her death highlights the thin line difference between harassment and violent crime, emphasizing the critical need for gender specific protections like those in POSH Act. While POSH Act is vital for preventing sexual harassment in workplaces, this case shows that harassment when unchecked can quickly escalate to something far more sinister. This tragedy underscores the necessity of not only stronger legal protections but also societal shift that takes harassment seriously, recognizing it as a precursor to more severe crimes. As we seek justice we must also reflect on the broader need for comprehensive protections that extend beyond the workplace to ensure women are safe in all areas of their lives. #JusticeforMounita#POSH#GenderBiasedViolence#WomenSafety#WorkplaceHarassment
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A historic moment for Pakistan as we witness a progressive legal framework regarding workplace ethics. Under the leadership of Judge Ayesha Malik, the law now addresses pressing issues like workplace harassment and non-sexual discrimination. It paves the way for a #safe and #inclusive work environment. #workplace #antiharassment #policy #legalframework
An important judgement by Justice Ayesha Malik on the Protection against Harassment of Women at the Workplace Act 2010! The Supreme Court of Pakistan has held that in cases of harassment, the victim’s perspective is relevant. Therefore, the standard of a reasonable woman should be considered to determine whether there was harassment at the workplace. The reasonable woman standard assesses the validity of sexual harassment claims from the victim’s viewpoint. A reasonable woman might perceive behaviour that is discriminatory but not sexual as harassment.
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On February 2nd, 2024, a bill proposing amendments to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was introduced to the Rajya Sabha for approval. The Bill proposed two major amendments to the existing POSH Act, namely: 1. The limitation period for filing a complaint of Sexual Harassment has been increased; and 2. The Conciliation Process has been removed from the provisions of the Act. Attached is a detailed breakdown of the changes proposed, and how they impact the POSH Act as a whole. . . #disputeresolution #poshact #poshawareness #poshcompliance #poshtraining
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LawChef The Supreme Court said that sexual harassment should be defined and circulated to the workplaces. The court also said that a complaints committee should be formed with a woman head and most of its members should be women.⚖️👨⚖️ ➡️ An external third party like an NGO should also be involved. There should be a strong mechanism for timely and effective redressal of complaints. ➡️ Awareness should be created about sexual harassment at workplaces and the process of reporting to all the women who are there should be absolutely clear. ➡️ Seventeen years after the Vishaka guidelines, the Parliament passed the Sexual harassment at workplace Prevention Prohibition and Redressal Act 2013. #legalnews #legalcontent #legalupdates #lawchef #lawfirm #lawyers #supremecourt #delhigovt #lawyers #sexualharassment #NGO #workplaces #followers https://lnkd.in/dfniU5Mj https://lnkd.in/dgRD3r8T https://lnkd.in/dkGtNwQU info@lawchef.com
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#Posh #complaints #sesitisation #limitationslaw How a single instance of sexual harassment can result in continued harassment and not be constrained under strict time limitations under the law .
Single instance of sexual harassment at workplace can be considered 'continuing offence', not barred by limitation: Madras High Court In a recent landmark judgment, the Hon’ble Madras High Court delivered a ruling that intricately balanced the sensitivity required in handling sexual harassment cases with the necessity of ensuring procedural fairness for the accused. Hon’ble Mr. Justice D Bharatha Chakravarthy, presiding over the case, acknowledged the immense psychological burden and fear that victims of sexual harassment often endure, which can delay their decision to report such incidents. In a progressive and compassionate ruling, he declared that even an isolated incident of severe sexual harassment causing ongoing trauma should be treated as ‘continuing offence’. This interpretation allows victims the necessary time to come forward, thus not binding them to the six-month limitation period of the POSH Act. In this captivating read, Anuradha Gandhi, Managing Associate and Isha Sharma, Associate at SSRANA & Co., share as to how this ruling sets a precedent for future cases, ensuring that the rights of both victims and the accused are adequately protected. #ssrana #poshlaw #poshact #poshindia #sexualharassmentatworkplace #workplacesafety #sexualharassment #MadrasHighCourt #poshcases
Single instance of sexual harassment at workplace can be considered ‘continuing offence’, not barred by limitation: Madras High Court
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