Best Posh Law Firm in India

In a landmark ruling that reinforced the Protection of Sexual Harassment (POSH) Act's commitment to creating safe and secure workplaces, the Supreme Court of India delivered a groundbreaking judgment in the case of Harish Dhandharia v. Chairman, Ahmedabad Stamp Vendors Association (2019). This decision expanded the scope of the POSH Act , ensuring that its provisions apply not only to employees but also to any third party or outsider who enters the workplace premises, including customers, clients, or visitors. The Background of the Case The case arose from a petition filed by Harish Dhandharia, a stamp vendor and member of the Ahmedabad Stamp Vendors Association. Dhandharia alleged that he had been subjected to sexual harassment by the association's chairman during a meeting held at the association's premises. However, when he approached the Internal Complaints Committee (ICC) constituted by the association, his complaint was dismissed on the grounds that he was not an empl...

Sexual Harassment of Women at Workplace Introduction Workplace sexual harassment results in employee attrition and is a serious issue that affects many employees around the world. Seven out of ten women who leave a workplace due to an experience of workplace sexual harassment do so without informing their employer.  This is a troubling statistic that raises questions about why so many victims of workplace sexual harassment do not come forward. In this article, we will explore some of the reasons why employees do not file a complaint of workplace sexual harassment, AND, as an employer, what is it that you can do to change this.    Reasons for not reporting workplace sexual harassment Fear of Retaliation One of the main reasons why employees do not file a complaint of workplace sexual harassment is fear of retaliation. Victims may worry that they will be retaliated against by their harasser, their supervisor, or other co-workers if they report the harassment.  Retaliat...

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...