Best Sexual Harassment Lawyers in India

Posh Act 2013 A recent FIR brought against two MNC employees that had already been cleared of all allegations by the PoSH Committee was dismissed by the Delhi High Court. An intern had allegedly been sexually harassed by the two workers. The PoSH Committee cleared the responders, nonetheless, after finishing the investigation. The legal issue that the Court was trying to resolve is a key part of this ruling: Can the FIR against the accused still stand if the PoSH Committee clears them of all charges? The Court noted that: The Committee was established as soon as the FIR was filed and the inquiry proceedings were held, 2. The Complainant informed the PoSH Committee shortly after that she did not wish to pursue her complaint, and 3, despite the Complainant failing to appear for cross-examination, the Committee continued the proceedings. 4. The PoSH Act, 2013, provisions were properly followed throughout the inquiry process, and  5. The committee issued the Final Report based on the merit

PoSH Act 2013 All PoSH Committee members need to be aware of the following significant statement that the Delhi High Court made on January 11, 2023:Even if the Committee does not complete the investigation within the 90-day period specified by Section 11(4) of the PoSH Act, 2013, the investigation will continue, and the deadline "cannot be regarded to be required."Because the PoSH Committee was unable to complete the investigation within 90 days, the petitioner in this case—a chartered accountant—asked that the proceedings be stopped.The Court further noted that the petitioner was unable to demonstrate any harm that the delay had done to him. The Court further noted that the petitioner was unable to demonstrate any harm that the delay had done to him. It was also emphasised that in the interest of both the complainant and the respondent, such allegations "deserve to be regarded with a certain amount of seriousness and responsibility" and must be investigated and &qu

Posh Act 2013 To provide a welcoming and safe workplace for your team, it is your job as a management leader or HR to create an internal committee in accordance with the Prevention of Sexual Harassment at Workplace (PoSH) Act, 2013. The Internal Committee is in charge of accepting and handling complaints of workplace sexual harassment. It is essential that you choose members who are knowledgeable, objective, and dedicated to upholding the PoSH Act's values. But managing the PoSH Act can be challenging, particularly when it comes to picking the correct members for your Internal Committee. To help you be careful when creating an internal committee, we are sharing some advice with you. What to look for in a member of the internal committee? Your internal committee should be composed of individuals with the necessary training and experience in disciplines like law, psychology, and human resources. Seek for people who have dealt with delicate situations before and who are knowledgeable

Posh Act 2013 One of the most obnoxious issues we now confront is sexual harassment. More than 9 years have passed since our legislature created the POSH Act in an effort to enhance it and close any gaps in the Vishaka Guidelines. Our courts had emphasised the significance of expanding the definition of "workplace" even before the POSH Act of 2013 was passed. For instance, the Calcutta High Court stated that "a logical interpretation should be given to the phrase 'workplace' so that the objective for which those rules have been created, is not made unworkable" in Ayesha Khatun v. The State of West Bengal & Others (MANU/WB/0071/2012). ‘Workplace’ – How is it defined under Section 2(o) of POSH Law? The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) has given a wide definition to the term ‘workplace’ under Section 2(o) of the Act and included the concept of ‘extended workplace’ in its definition. Under t