Law Shastra

  Corporate Governance & Gender Diversity 1.1 Gender Diversity and a safe workplace for women are essential attributes of Good Corporate Governance. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, shortly known as the PoSH Act was enacted to provide protection to all working women from organised and unorganised sectors alike, regardless of hierarchy. 1.2 The Genesis: The Supreme Court, while voicing its serious concerns on the sexual harassment faced by working women,     in the case of Vishaka & Ors. V. State of Rajasthan & Ors. [1997(7) SCC 323] reaffirmed that sexual harassment at workplace is a form of discrimination against women and provided a set of guidelines (known as VISHAKA Guidelines), to address this issue, pending enactment of suitable legislation. 2.0 The PoSH Act. 2.1 The PoSH Act (Act) mandates provision of safe, secure and enabling environment to every woman, irrespective of her age or employment sta

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  https://www.meity.gov.in/writereaddata/files/The%20Digital%20Personal%20Data%20Protection%20Bill%2C%202022.pdf

  Provision for an external member for PoSH As per Section 4 of the PoSH Act: A senior female employee should head the PoSH Committee, At least half of the PoSH Committee members should be women, and One member should be from an NGO or an association that works for women’s empowerment. They can also be a person who is familiar with issues related to sexual harassment. Many  PoSH Practitioners and organizations have relied on Rule 4 of the Act - The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, shortly known PoSH Act),  according to which , a “person familiar with issues related to sexual harassment” is an expert in such issues, including  A social worker with at least 5 years of experience in social work. Such social work should create favorable conditions for women’s empowerment. It should address workplace sexual harassment. A person who is familiar with labor, service, civil, or criminal law. However, this is incorrect and has lead to con