We Empower Workplaces May 2024, Vol.47 Our mantra being Concern. Commitment. Competence

Editor's Note?

Dear Readers,?

In recent times, it's become increasingly evident that fostering a safe and inclusive community is paramount. As we continue our journey together, it's essential to reaffirm our commitment to creating a space where every member feels respected, valued, and heard. UCS has always tried to bring to our readers different topics to educate and enable them to build an empowered workplace. Let's stand together in solidarity, supporting one another as we strive to build a community that is not only fashionable but also safe for all. Remember, your voice matters, and together, we can create positive change.?

In this month’s issue of yoU Cee uS, we bring to our readers, an article on, “Understanding the Legal Framework: Key Components of the POSH Act”, a judgment pertaining to PoSH, the latest activities of UCS and a fun activity page on general knowledge. I do hope you enjoy reading our newsletter yoU Cee uS. Your suggestions and inputs are most welcome. Thank you for joining us on this journey.?

Happy Reading!?

-Kavery B.J.?

INSIDE THE ISSUE?

POSHformation 02 What the Courts Say... 04 UCS Activities 06 Fun Activity...Did You Know? 09

POSHformation?

May 2024, Vol.47

Understanding the Legal Framework: Key Components of the POSH Act.?

- Kavery B. J.?

It is the endeavour of UCS in this newsletter, to make it’s readers more knowledgeable on topics related to POSH, Gender Sensitisation and biases.?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, or the POSH Act, is a crucial legal framework in India aimed at preventing and addressing sexual harassment in the workplace. The POSH Act applies to all workplaces in India, including both the organized and unorganized sectors. It covers women of all ages and includes interns, volunteers, and even visitors or clients who may face harassment at the workplace.?

Here are its key components:?

Definition of Sexual Harassment: The POSH Act defines sexual harassment broadly, encompassing unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or intimidating work environment.?

Employer Responsibilities: Employers are obligated to provide a safe working environment free from sexual harassment. They must establish internal complaint mechanisms, such as forming an Internal Complaints Committee (ICC) and ensure awareness through training programs.?

Internal Complaints Committee (ICC): Every organization with ten or more employees must constitute an ICC to address complaints of sexual harassment. The committee must include at least one external member, preferably from an NGO or a legal background, and have 50% or more of women members.?

Complaint Procedure: The POSH Act mandates a specific procedure for filing complaints, including maintaining confidentiality, conducting fair and impartial inquiries, and providing protection against victimization for the complainant.?

Penalties for Non-Compliance: Employers who fail to comply with the provisions of the POSH Act can face penalties, including fines and cancellation of business licenses.?

POSHformation?

May 2024, Vol.47

Understanding the Legal Framework: Key Components of the POSH Act.?

- Kavery B. J.?

It is the endeavour of UCS in this newsletter, to make it’s readers more knowledgeable on topics related to POSH, Gender Sensitisation and biases.?

Redressal Mechanism: The Act ensures that victims have access to remedies such as compensation, apology, and assistance in accessing support services. It emphasizes providing a conducive environment for the victim's continued employment. Awareness and Training: Employers are required to conduct regular awareness programs and workshops to educate employees about their rights and responsibilities under the Act.?

Annual Reporting: Employers must submit an annual report to the relevant government authority, detailing the complaints received, actions taken, and measures implemented to prevent sexual harassment.?

Protection Against False Complaints: The Act includes provisions to protect individuals from false or malicious complaints, ensuring that the complaint mechanism is not misused.?

Understanding these key components is essential for both employers and employees to create a safe and respectful work environment in compliance with the POSH Act.?

May 2024, Vol.47?

What the Courts Say...?

- Kavery B.J.

Is it mandatory for the IC to furnish a copy of the enquiry?

report to the Respondent??

In the case of L.V. Ajith Kumar vs. The Presiding Officer, the?

High Court of Madras, directed the Internal Complaints?

Committee to furnish a copy of the enquiry report to Mr.?

L.V. Ajith Kumar, the writ petitioner in this case to enable?

him to prefer an appeal, stating that it is a statutory?

obligation mandated by law.?

Case Snippet:?

Mr. L.V. Ajith Kumar filed a writ petition against the Internal Complaints Committeeand M/s. Morgan Mckinley Services Private Limited (the Company) under Article 226of the Constitution. Mr. L.V. Ajith Kumar prayed to issue a Writ of CertiorarifiedMandamus to call for records relating to report of Presiding Officer of the Internal?

Complaints Committee dated 25.07.2016, to declare the finding rendered by theInternal Complaints Committee Ultra Vires (beyond the scope or in excess of legal power or authority) variation to the mandatory procedures contemplated under theSexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It was alleged that Mr. L.V. Ajith Kumar was not given a copy of the inquiryreport.?

May 2024, Vol.47?

What the Courts Say...?

- Kavery B.J.

Observations of The Court:?

The court allowed the writ petition of Mr. L.V. Ajith Kumar, in view of the fact that it is a statutory obligation on the part of the Internal Complaints Committee to furnish a copy of the enquiry report, enabling the writ petitioner to prefer an appeal.?

The court directed the Internal complaints Committee and the Company to furnish a copy of the enquiry report to the writ petitioner, enabling him to prefer an appeal if he is so aggrieved, from and out of such report filed by the Internal Complaints Committee.?

May 2024, Vol.47?

UCS Activities...?

Podcast on Am I Protected Under POSH?

May 2024, Vol.47?

UCS Activities...?

Prevention of Sexual Harassment at a Client’s Workplace

May 2024, Vol.47

UCS Activities...?

Ready Reckoner on Prevention of Sexual Harassment of Women in India.?

UCS published its book, "Ready Reckoner on Prevention of Sexual Harassment of Women in India," written by its chief trainer Anupamaa V.?

This "Ready Reckoner" is available in a store near you, on Flipkart and on Amazon India.?

The author Anupamaa, has simplified the law regarding PoSH, so that it is easy for a person with a non-legal background to understand it. This Ready Reckoner has :?

Answers to FAQs;?

The Act and Rules; and?

Important Judgements passed by the Courts.?

Fun Activity...?

Did You Know??

The Shortest War in History Lasted 38 Minutes?

Zanzibar is an archipelago of islands in the Indian Ocean, off the coast of east-central Africa. It was once a trading empire in the 19th century and a center of the spice and slave trades. In 1890, Zanzibar became a British protectorate and controlled Zanzibar until the mid-20th century.?

On 25th August 1896 when the Sultan of British-protected Zanzibar died and a new one Khalid Bin Bargash, the eldest son of the second Sultan took over without British approval in 1896, the Brits were not happy as they favoured Hamoud Bin Mohammed. Tension escalated when the Sultan refused to step down, but the British warships spent 38 minutes bombarding the palace before Khalid fled, marking the end of the Anglo-Zanzibar War on 27th Aug 1896.?

May 2024, Vol.47?

Blue Whale Tongues can Weigh as Much as an Elephant?

The tongue is about 18 feet long and weighs about to 8,000 pounds which is the weight of an adult female African elephant. A 2010 study estimated that when feeding, a blue whale's mouth opens so wide, and is so large, that another blue whale could swim into it.?

Their hearts, meanwhile, can weigh almost a ton and it needs to beat just once every ten seconds.