The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act, 2013”) is a beneficial legislation which aims at protecting and providing redressal to woman against every form of sexual harassment that they may be subjected to at their workplaces. The POSH Act, 2013 is a comprehensive legal structure which is based on the 11 guidelines laid by the Supreme Court of India to address the nuances of workplace sexual harassment against women, in the landmark Vishaka judgement.
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One of the important guidelines of the Supreme Court in the Vishaka judgement was regarding building awareness at workplace to prohibit and prevent incidents of sexual harassment at work. This guideline is enshrined under Section 19 of the POSH Act, 2013, laying a duty on every employer to organize workshops and awareness programs for sensitizing their employees on the provisions of the POSH Act, 2013.
Purpose of POSH Awareness Trainings
In order to support employers to fulfil this mandate under the POSH Act, 2013 we at Equilibrio Advisory LLP, conduct and organise workshops and trainings where a thorough awareness on the provisions of the POSH Act, 2013 is undertaken – supported by relevant case studies. Our training programs broadly cover various factors that prompt individuals to file sexual harassment complaints, understanding how acts of sexual harassment may occur in different contexts, and the factors that impact this behaviour. We also examine how these factors may influence the inquiry process, right through the drafting of the inquiry report.
When it comes to our partner organisations, we also tailor and make the content to be relevant to their context – to sustain interest, and promote engagement, while ensuring that the intention and spirit of the Law is fulfilled. We also see that this is not a one-time effort, rather, trainings may need to be repeated over time and ensure that they not only cover a range of topics crucial for sensitization and awareness as well as developing an understanding of the roles and duties under the POSH Act, 2013 for employees, managers, IC members and other stakeholders.
Furthermore, in addition to supporting our partner organisations, we also offer POSH trainings as open workshops to support those who may want to build skill, understand and ensure compliance measures are undertaken at their organisations, and offer required support to stakeholders of the POSH process who may be looking to fulfill specific upskilling needs.
Key Components of our POSH Awareness Trainings
At Equilibrio Advisory LLP, we are committed to supporting our training participants in their endeavour to create an inclusive workplace by conducting interactive POSH Trainings with them, on various aspects of the POSH Act, 2013. A breakdown of the key concepts that are part of our POSH trainings content has been provided below:
- The Concept of Consent: Consent plays a crucial role under the POSH Act, 2013 as it helps in understanding the relationship between individuals and in determining the guilt of the parties of a complaint of workplace sexual harassment. Thus, discussions around the concept of consent are explored in trainings, to establish the importance of consent as a concept – with an in-depth understanding of personal boundaries, the factors that influence the same and the various ways in which an individual may choose to assert their boundaries or discomfort.
- The definition of Sexual Harassment: Using real-life examples and case studies drawn from the firm’s collective experience, we break down each type of sexual harassment under Law and explore the different ways it can manifest at work. The scope and ambit of the term “Sexual Harassment” as against other ‘workplace harassment’ is also discussed. For instance, a complaint of hostile work environment will be taken up as a POSH complaint only if it has a sexual connotation.
This becomes essential to support employees and stakeholders to be able to identify how sexual harassment may show up at workplace and feel more equipped to call it out, report it and action the complaint as IC members.
- The factors influencing the issue of Sexual Harassment at work: At Equilibrio Advisory LLP we bring our intersectional expertise and collective experience to spotlight those concepts and concerns that impact the issue of sexual harassment at work.
Our trainings cover personal boundaries, assertiveness, sexism, marginalization and more. They also include components of mental health – reflecting on how the process of inquiry may impact the wellbeing of various stakeholders.
For instance, through the use of case studies, the facilitator may explore whether aggrieved individuals would respond differently to a particular incident of discomfort at workplace and on why they would refrain from filing a complaint with the IC. Moreover, these trainings also serve to explore how IC members may use certain skills to mitigate this impact.
- About the Redressal Options: The POSH Act, 2013 provides for two redressal options. First being “Conciliation” and the second being “Inquiry”. Our trainings provide an in-depth understanding of these redressal options, and what they entail – for all stakeholders of the process. It also addresses the challenges encountered in both processes and explores ways to resolve these issues, using case studies and role plays. Additionally, the POSH trainings cover aspects such as whether the respondent can file counter-complaints of harassment or defamation, whether witnesses can remain anonymous, and the criteria for concluding an inquiry when there is a lack of evidence or witnesses among others.
- Role of Internal Committee (IC) members in addressing the complaints: The trainings conducted by us are designed to ensure that duties of the IC members are discussed thoroughly, while addressing the sexual harassment complaints – including, extent of their liabilities, and manner of analyzing the evidence etc. Similarly, conversations around the need for sensitive interviewing and addressing malicious complaints etc. are highlighted.
- Role plays: In our advanced POSH trainings, we ensure that apart from discussing the law and case studies, we also (depending on the nature of the training) equip our participants to handle questions and scenarios, and other challenges that they might encounter as IC members, employers or employees as the case may be. One of the most engaging parts of our training is the role plays we conduct. Participants are presented with specific scenarios to act out, allowing for applied learning that equips them to manage similar challenges in real life.
For instance, we present a scenario that we are in the examination stage of inquiry where the respondent is alleging that the said complaint is a malicious complaint filed against him. In this context, we request any participants to act as the IC members or other stakeholders, and this exercise has consistently been one of the most engaging activities as it provides the participants an opportunity to apply the knowledge they have gained during the training.
The content of the above-mentioned key components is curated by the associates of our firm in accordance with the POSH Act, 2013.
Written by Adv. Vasantha Kotagiri & Prerana Saraf | Review by Rosanna Rodrigues