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PoSH : Prevention of Sexual Harassment at Workplace – Institutional Perspective (Universities, Higher Educational Institutions (HEIs) and Colleges)

 

PoSH : Prevention of Sexual Harassment at Workplace – Institutional Perspective

(Universities, Higher Educational Institutions (HEIs) and Colleges)

 

 

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, (shortly known as PoSH), inter alia, applies to any

 

u  Department,  private sector or a venture, undertaking….. Society, trust, NGO, unit or service provider, commercial, professional, vocational, educational, entertainment, industrial, health /financial, production, supply, sale or distribution or service, hospitals/nursing homes/sports institute/stadium/complex, competition or games venue, residential or not used for training sports or other activities

u  Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey , a dwelling place or a house

 

Key definitions cover

u  Employer: Department, organization, undertaking, establishment, enterprise, institution, office, branch or unit…

u  Respondent: a person against whom the aggrieved woman has made a complaint

u  Sexual harassment: Includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication)

u   Physical contact and advances; or a demand or request for sexual favours;
 or Showing pornography;

u  or any other unwelcome physical, verbal or non-verbal conduct of sexual nature

The “Workplace” includes

u  Department….. private sector or a venture, undertaking…..,Society, trust, NGO, unit or service provider, commercial, professional, vocational, educational, entertainment, industrial, health /financial, production, supply, sale or distribution or service, hospitals/nursing homes/sports institute/stadium/complex, competition or games venue, residential or not used for training sports or other activities

u  Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey , a dwelling place or a house

 

In Short, wherever the aggrieved  woman visits or resides or move around in connection with work, either directly or indirectly

Extended Workplaces (deemed)

 

•          Training Centres/Hotel/Guest Houses, or Restaurants visited for business meetings/luncheons and sites visited for employer sponsored conference, picnics, etc.,

•          Deemed workplace WFH, electronic communications web conferences, broad cast, etc., any place where the Employer has administrative control, etc.

 

What does “sexual harassment” include

Includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication), namely

u  Physical contact or advances;

u  A demand or request for sexual favours

u  Making sexually coloured remarks;

u  Showing pornography

u  Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature

Behaviour

v  Often situations that start off unintended may end up
 in inappropriate /unprofessional behaviours

v  Be aware, that workplace sexual harassment is sexual,

     unwelcome and the experience is subjective!

v  It is the impact and not the intent that matters and
 often occurs in a matrix of power

v  A woman may experience a single instance of sexual
  harassment, or a series of incidents over a period..

v   ICC shall consider that  each case is unique and it is the surrounding
  circumstances that matters

 

 

 

 

 

University Grants Commission has notified the University Grants Commission (Prevention, prohibition and redressal of sexual harassment of women and employees and students in higher educational institutions) Regulations, 2015 (UGC Regulations) by a Notification dated 2nd May, 2016, application to all higher educational institutions (HEI) in India.

 

Key Definitions as per UGC Regulations

u  “aggrieved woman” means in relation to workplace, a woman of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent

u  Campus” means the location of BITS Pilani, including libraries, laboratories, lecture halls, residence, toilets, student centers, hostels, dining halls, stadium, parking areas, parks like settings, guest house, and other amenities like health centers, canteens, bank counters etc.  

u  also includes extended campus including transportation for commuting to and from the institution, the locations outside on field trips, internships, practice schools, study tours, excursions, short- term placements, places used for camps, cultural festivals, sports meet and such other activities where person is participating in the capacity of an employee or a student of the BITS Institutions.  

u  A student means a woman above 18 years of age. Those who are under 18 years of age can lodge an FIR under the Protection of Children from Sexual Offences Act, 2012

 

For more information, please post comments, or write to Lawshastra, @ viswanathanvasudevan159@gmail.com

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