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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