Lexi PoSH

  Individuals are to be respected, the dignity of the workforce is to be maintained. Each working person is entitled to get an atmosphere free from gender discrimination, violence, and harassment at the "workplace"; The historic convention adopted by the International Labour Organisation "C190" in 2019 has been ratified and has come into force on 25 June 2021. It is the first international treaty addressing violence and harassment. The outbreak of the pandemic has forced us to reconsider this issue. It is a need of the hour. The rise in sexual harassment cases against women & vulnerable groups during this period speaks a lot. Governments endorsing the conventions will be responsible for active measures to prevent abuse at work. The progressive and detailed legislation on the Prevention of sexual harassment at the Workplace, which is in force, would be further supported. The implementation of the Act that is marred even after eight years of the enactment of The P...

A judgment comes through opinions over the same boilover. Comments on the decision and the judge is a norm. The recent decision of Tarun Tejpal is one of such judgments that has created a furor! It has led to be a grave miscarriage of justice. A question on how many women would come forward and report cases of sexual harassment and misconduct if shamed in this manner. Do you think such conversations help in bringing a positive change in the scenario?   Instead, let us divert our energies towards the learnings one needs to take from the current situation. In the above-cited case, the employer constituted an IC as per the Vishakha guidelines after the journalist complaint. However, the journalist (complainant) was traumatized by the support offered by the organization. It leaves a thought to ponder on? If the organization had taken due cognizance of the complaint, would the situation be different? The complainant felt victimized, was avoiding it possible? Would there be any scope for...

Prevent Sexual harassment at the workplace is one of the focuses now for all organizations. Is it because of the mandate or moral responsibility? Let us try to understand this with reference to a case that has gone unnoticed and unexplored. There were many incidents in the past that were reported but not looked at from the perspective of harassment at the workplace. I would like to draw attention to one unfortunate incident that occurred years ago. A nurse a victim of sexual harassment which left her in a vegetative state for forty-two years! Yes, you are right I am speaking about Aruna Shanbag. This case is widely remembered for seeking permission to extinguish life before natural death. Was the case really limited to the same or we missed to look beyond it? Ms. Aruna, a nurse was brutally assaulted and raped in the hospital premised by a subordinate employee. It was a case of gender discrimination, subordination & power play of male dominant society that lead to this incident. It...

A PIL has been filed in the Mumbai High Court for protection of IC members. Lets hope that a positive move towards filling the gaps in The Prevention Of Sexual Harrassement of women at Workplace  Act comes forth.   https://www.hindustantimes.com/india-news/duo-moves-bombay-hc-to-plug-loopholes-in-posh-act-protect-icc-members/story-UvbBpm001kC6nMX1ym3i0H.html

 The Supreme Court judgement by Justice Khanvilkar and Justice Bhat that lays guidelines to  deal with sexual crimes and keep away from the sterotypical and patriarchal notions while delivering orders. https://www.livelaw.in/top-stories/courts-orders-should-avoid-patriarchal-stereotypical-notions-about-women-supreme-court-guidelines-171365