Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has beenframed and put to operations on 9th December, 2013 to safeguard women at workplace. PROBLEM STATEMENT The most effective weapon against workplace harassment is prevention. Harassment againstwomen requires to be addressed in order to prevent it. It is believed that effective implementation of POSH can help establish a gender neutralenvironment ensuring safety & respect of all the employees. This program covers entire workforce in theorganization. Regardless of the gender or designation,every employee should have a clear understanding ofthe concept.

1. Neha Shrimali
POSH Consultant

2. The only compulsory training
under Law

5. 81% of Women
& 41% of Men
said they had experienced
some form of Sexual
Harassment in their lifetime.

7. › India INC. reports 14% rise in Sexual harassment cases in
FY 1920

9. Impact of Sexual Harassment
Emotional Impact Physical Impact Social Impact
Demotivated Work Force High Absenteeism

10. Protection of women against
sexual harassment at
workplace and for the
prevention and redressal of
complaints of sexual
harassment.

11. Why POSH Training
Legal Mandate
Understanding of Act
Organization Culture vs Social
Impact
Brand Image
Ending the Myths

12. Is POSH Awareness
Important for MEN as well?

13. MYTHS AND REALITIES OF POSH
Asking for Coffee,
Dinner or date is not
SH,
UNTIL……
Pinging a ‘Hi’ on
mobile is not SH,
UNTIL….
A past affair is not
SH, UNTILL….
Mere POSH Complain
means … Loss of
JOB
IT STARTS AFTER ‘NO’

14. Learning objectives
Definition of sexual harassment
Learning the different types of
sexual harassment
Identifying sexual harassment
Steps to file a complaint
How Complain Mechanism
Works
Repercussions of Malicious
Complains
What is sexual
harassment anyway?
What should I do if I
believe I am sexually
harassed?
Can I get advice
without filing a
complaint?

15. Scenario 1
Ms.
Natasha
Mr.
Manish

16. Scenario 2

17. Module 1
The Genesis

18. Three unfortunate women - three landmark
legislations
1983
The Criminal Law
Amendment Act, 1983, was
enacted in the aftermath of
the Mathura Rape Case;
2013
The Sexual Harassment of
Women at Workplace Act, 2013,
was the outcome of the
Vishakha Case.
2013
The Criminal Law
Amendment Act, 2013,
was a ramification of the
Nirbhaya Case.

19. Bhanwari Devi
Indian Dalit Woman
Village Bhateri, Rajasthan
Winner of “Neerja Bhanot Memorial Award” for her
"extraordinary courage, conviction and commitment
• In 1992, Bhanwari Devi, female social worker from Rajasthan was gang raped
in village because of her effort for stopping a child marriage.
• Public Interest Litigation (PIL) was filed by Vishaka (an NGO) and other
women groups against the State of Rajasthan and Union of India before the
Supreme Court of India. (AIR 1997 SC 3011)
HER STORY

20. Vishakha Guidelines
Supreme Court of India Judgement 1997
(Ref: Vishakha and Ors. V State of Rajasthan)
“In the absence of enacted law to provide for the effective enforcement of the basic human
right of gender equality and guarantee against sexual harassment and abuse, we lay down
the guidelines and norms specified hereinafter for due observance at all work places or
other institutions, until a legislation is enacted for this purpose. …and it is further
emphasised that this would be treated as the law declared by this Court under Art. 141 of
the Constitution.”
Estalished that “Sexual Harassment violates a woman’s right in the workplace and is thus
not just a matter of personal injury”

21. ADVENT OF LAW
By adopting the Vishakha Guidelines and recommendations of
Justice Verma Committee, the Parliament enacted the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act in 2013 read with The Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Rules, 2013
(effective Dec 2013).

22. POSH Act
Vishakha Guidelines
The Case of Bhanwari Devi (1989)
ADVENT OF POSH ACT

23. December 09, 2013 as the effective date
of the POSH Act and the POSH Rules.
Ministry of Women and Child
Development(MWCD)
Gov’t of India.

24. Module 2
Basics of POSH

25. A female trainee is demanded to stay back late night
by a senior colleague, to discuss a project , even when
she is not a part of it, and none of the other team
members are staying back. She finds this approach
sexually implicit, and reports it. Would you consider
this as a Sexual Harassment ?
 No
 Yes
Scenario 1

26. A group of Employees stand outside after their shift is
over and sing songs with sexual connotations as and
when their female colleague pass by. Will you report
this as a case of Sexual Harassment at Workplace ?
 No
 Yes
Scenario 2

27. A female employee is suddenly terminated from
services after she reported sexual advances by her
manager during a company tour. Will you report this
as an instance of Sexual Harassment at Workplace ?
 Yes
 No
Scenario 3

28. Meaning of Gender
“Gender is a socially constructed notion.
It is not the same as sex which is about biological
characteristics of women and men.
It is also not synonymous with women. Gender is determined
by the conception of tasks, functions and roles attributed to
women and men in society and in public and private life”.

29. Equal Pay
Equal
Participation
Equal
Opportunities

30. BENEFITS OF GENDER EQUALITY AT WORKPLACE
Attracts
Talent
Reduces
Expenses
Better
Performance
Work Life
Balance

31. WOMAN WORK PLACE
WORKING
RELATIONSHIP
Pillars of POSH Law

32. Four Players as per the Act
Aggrieved Person
Respondent (can be both
male or female)
The Employer
IC ( Internal Committee)

33. Aggrieved Woman
Working
Domestic Worker Regular,
Temporary,
Adhoc
With wages,
voluntarily Contractual, Trainee,
Apprentice etc.
Direct/
Through agent
Visiting a Place Student
Employee

34. WORK PLACE
Any place where
the women is out
for work
Or otherwise but
with a person she
is having a
working relation
The workplace is
not restricted to
the four walls of
office.

35. Workplace
Hospitals/
nursing homes
Sports institutes,
facilities
Dwelling or
house
transportation
provided by the
employer

36. ›Any place
visited during
the course of
employment
organised
and
unorganised
sector
Govt
organisations
Pvt sector
organisations

37. Workplace.. extended
›Office
parties
Off sites
Out
bound
training
Client
meeting
Training
session
Travel
for
office
purpose
Any
place
where
one
visits in
the
course
of due
to
employ-
ment

38. Workplace of Central
Government / State
Government/ Local
Authority/Body
The Head or the
Officer Specifies
Private Workplace
The Person
responsible for the
management/supervisi
on/control
Dwelling House
The person who
employs /benefits
from the
employment

39. Sexual Harassment at Workplace
Welcome Unwelcome
Feels Good Feels Bad
Reciprocal One sided
In control Feels Powerless
Wanted Unwanted
Appreciative Demeaning
Happy Causes
anger/sadness
Legal Illegal

40. SEXUAL HARASSMENT
(Sec 2(n) of the Act)
Any other unwelcome
physical, verbal or non-
verbal conduct of sexual
nature.
Showing
pornography
Sexually colored
remarks
Physical contact and
advances . A demand or
request for sexual favour
Other offensive or
derogatory
pictures, cartoons

41. •Power?
Male
Dominance?
Superiority ?
Insecurity?
Opportuni
ty?
Easy
Target?
Popularity
in society?
Influence
in the
organizati
on?
Sexual
Desire?

42. The Impact is
important not
the intention
Such action
makes the
female
uncomfortable
The feeling of
complainant
is important
Any action,
gesture,
word, look
etc. with
sexual flavour
amounts to
sexual
harassment

43. Written
Verbal
Visual
Physical

44. Verbal/ Written
Comments about clothing, personal behavior,or a person’s
body; sexual or sex-based jokes; requesting sexual favors or
repeatedly asking a person outsexual innuendoes; telling
rumors about a person’s personal or sexual life; threatening a
person, sending emails or text messages of a sexual nature.

45. Non-verbal
Looking up and down a person’s body;
derogatory gestures or facial expressions of a
sexual nature; following a person.

46. Visual
Posters, drawings, pictures, screensavers, emails or
text of a sexual nature.

47. Physical
Assault; impeding or blocking movement; inappropriate
touching of a person or a person’s clothing; kissing,
hugging, patting, stroking.

48. Non-Sexual Nature
Non-sexual conduct may also be sexual harassment
if you are harassed because you are female, rather
than male, or because you are male, rather than
female.

49. Forms of Workplace Sexual
Harassment
Sexual
Harassment
Quid Pro Quo-
Something in
Return
Hostile work
Environment

50. Forms of Workplace Sexual
Harassment
• Implies or explicit promise of
preferential / detrimental treatment in
employment
• Implied or express threat about her
present or future employment status
›Quid Pro
Quo (this for
that)
• Creating hostile, intimidating or an
offensive work environment
• Humiliating treatment likely to affect
her health and safety
Hostile Work
environment

51. Internet Harassment

52. 1 of the 3 women suffer Mental Stress Due to Harassment on
Facebook(39%), Instagram (23%), WhatsApp (14%) : Global Survey
The spectrum of abuse worldwide, ranges
from abusive and insulting language, which
was reported by 59% of those surveyed,
deliberate embarrassment (by 41%), body
shaming (39%), and threats of sexual violence
(39%).

53. VIRTUAL HARASSMENT
Rape and death threats are becoming
commonplace on the Internet.
Any action, especially repeated action, that
makes one uncomfortable is harassment. It
can be anything from someone forcing you
to accept a friend request to a rape threat.

56. Work From Home Brings Virtual Sexual
Harassment Home Too
Employees
Shows up
shirtless to a
virtual
meetings with
their lady
manager or
colleague.
Employee
takes
screenshots
of his female
colleague.
Attend an
impromptu
11pm meeting
and insists her
to turn on
video and
threatens her
if she refuses.
Misuse the
insecurity
regarding the
job employees
have in these
COVID times.
And, finally
when she
Logins she
finds him
intoxicated.

57. A person making sexually coloured
remarks while on call/messages
Removes his clothes during a
video call
Repeatedly calls you
Sends lewd messages and videos
Touches himself during a video
call
What Constitutes Virtual
Harassment

58. What Constitutes Virtual Harassment
Personal
comments on the
persons’ social
media handles.
Inappropriate
emoji's and
messages.
Stalking, both
Physical &
Virtual.
Threatening about
performance
ratings.
Insisting on video
calls well after
office hours.
Inappropriate
Jokes to ‘lighten’
the mood.
Not maintaining
dress code during
video calls.

60. What should I do if I am facing sexual
harassment?
Before filing the complaint, take as many screenshots and record
as many conversations as possible
The woman employee must then approach the Internal Complaints
Committee (ICC) or Local Complaints Committee (LCC)

62. Case study- 1
A is a daily wage worker at construction site, having small child of 10 months with her. During the working at the
site, some time she takes a break and breast feed her child in a corner.
B, another worker at the same site always roam around her during the time she is feeding a child, he looks at her
with cunning smile, which makes her uncomfortable.
Looking at his behaviour, the other workers at the site started commenting/ bullying/ whistling on her any time she
passes near them.

63. Case study- 2
A big multinational company headed by a
strong & dominating female CEO. She was
attracted towards a young talented male
employee of the company, certainly working
under her.
She called him in her chamber and asked for
sexual favours, in turn offered him
promotion with huge jump in salary package.
He refused and filed a complaint against her.

64. Case study 3
In a company, there was a provision of reimbursement of medical expenses of
employees. A female was undergoing a treatment of infertility. After first round of
medical leave and treatment, she joined office and went to administrative division official
of the company, to submit her medical bills for reimbursement.
While examining the bill for process, this official started asking about her husband, her
married life, the process of treatment etc. He also advised her few home remedies for
infertility and tried to explain the use of medicines with all bodily actions.

65. In Short….
Workplace Sexual Harassment is when the behavior is :
Unwelcome
Sexual in Nature
A Subjective Experience
Impact not the intent matters

66. Prevention
and
prohibition
Module 3

67. Laws Against Sexual
Harassment

68. Civil Remedy under the
POSH
Criminal Remedy under
the IPC

69. S.No Sections of IPC Details Punishment
1 294 Obscene acts or words in
public
Jail up to 3 months or be fined
or both
2 354A Sexual Harassment Jail 1- 3 Years or be fined or
both
3 354D Stalking Jai 3-5 Years + Fine
4 503 Criminal Intimidation Jail up to 2 Years or be fined or
both
5 354C Voyeurism Jail 1- 3 Years + Fine (first time)
& 3-7 Years + Fine (Second
Time)
6 499 Defamation Jail up to 2 Years or be fined or
both

70. S.No Sections of IPC Details Punishment
7 Section 67 IT
Act
Online Acts Of Obscenity Jail up to 2 Years or be
fined or both
8 509 Word, gesture or act intended
to insult the modesty of a
woman
Jail up to 3 Years + Fine

71. redress
Module 4

72. Complain Committee

73. The two key roles of a complaints committee, as laid down by
the supreme court directives are to provide prevention and
redress mechanism for sexual harassment complaints within
the workplace.

74. Complain Committee
Internal Complain
Committee
Local Committee

75. Internal Committee (IC)

76. Duties of IC
To meet every
quarter preferably;
To discuss about the
awareness level in
the organisation;
To take care of
rumours in the
office, if any;
To check and update
the Policy;
Conduct the inquiry
in any sexual
harassment
complaint;
Prepare and assist
management to
submit annual
returns.

77. KEY RESPONSIBILITIES OF COMPLAINTS COMMITTEE
1 • Be thoroughly prepared
2 • Know the act, policy or relevant service rules
3 • Gather and record all relevant information
4 • Determine the main issue in the complaint
5 • Prepare relevant interview questions
6 • Conduct necessary interviews
7 • Ensure awareness of the process
8 • Annalise information gathered
9 • Prepare the report with findings /recommendations

78. If you encounter Sexual Harassment,
questions to ask yourself:
How many
times did the
incidents
occur?
How long has
the harassment
been going
on?
How many
others have
been sexually
harassed?
Who were
witnesses to
the
harassment?

79. Steps to Take if Harassed
Remain professional.
Be direct with the harasser.
Go to the Program Director and explain the circumstances
When reporting the harassment, be prepared to share all the
facts about the incident(s)..
Think about how the situation could be resolved.

80. What will the IC Member
do as they receive a Complaint
Will talk to you and take notes about what you are Sharing.
Act immediately and appropriately, take immediate action!
Explain the process.
Get the facts.
Listen attentively.
Conclusion.

81. The Complaint Mechanism

82. •Any person who has information about incident with the written consent of legal
heir
In Case of
Death
•Her Relative
•Friend
•Special Educator
•Qualifies Psychiatrist / Psychologist
•Guardian Under whom she is receiving care
•Any person who has information about incident with the written consent of above
In case of
Mental
Incapacity
•Her relative
•Her relative
•Friend
•Co-worker
•Officer of National/ State Commission for Woman
•Any person who has information about incident with the written consent of woma
In case of
Physical
Incapacity

83. Any person who has information about
incident.

84. WHAT CAN AN
EMPLOYEE/ WORKER
EXPECT
Confidentiality

85. RIGHTS OF THE COMPLAINANT
An
empathetic
attitude
A copy of
the
statement
Confidentia
lity
Support
Recorded
Statement
Right to
appeal

86. RIGHTS OF THE RESPONDENT
•A patient hearing to
present his case in
non biased manner
Copy of the statement
along with all the
evidence and a list of
witness submitted by
the complainant
Keeping his identity
confidential
throughout the
process
Right to appeal, in
case not satisfied with
recommendations/find
ings of the complaints
committee

87. The complaint (six
copies) by the
aggrieved person
should contain all
the material and
relevant details
concerning the
alleged sexual
harassment which
includes
Description
of the
incident
Date
Working
relation
Name
Time
The Complaint

88. Online Complaint
http://www.shebox.nic.in

89. Online complaint

91. Complaint Process
Module 5

92. Stage 1:
Receipt of the
Complaint
Stage 2:
Planning
Stage 3 :
Interviews
Stage 4:
Reasoning &
Analysis
Stage 5: Finding
and
Recommendation
Stage 6:
Writing the
Report

93. Amount to be paid
to aggrieved
woman depends
on:
the mental
pain &
suffering
Loss of
career
opportunity
Medical
expenses
Income &
financial
status of the
respondent.
Amount to
be paid
either lump
sum or
installments.

94. Interim Measure
To prevent ongoing SH
at the written request of
the woman or event
otherwise, CC may
recommend
Restrain the
respondent from
reporting on work
performance of the
Aggrieved woman
Writing her
Confidential
Report, appraisal
Supervising her
academic activities
Transfer the
Complainant or
Respondent
Place Complainant
or Respondent on
Leave

95. • Service Rules to be followed
• Disciplinary Actions
• Reprimand
• With-holding of promotion
• Counselling Sessions
• Termination from services
• Financial Damages
• Additional recommendations
In case
allegations
are Proven

96. Appeal
• An appeal may be filed by the person, not satisfied by the
recommendations of the committee, before appropriate
court in terms of service rules.
• The appeal may be filed within a period of 90 days from
the date of recommendations.

97. Section 14 of the POSH Act provides for
penalizing the complainant if the complaint is
found to be false with malicious intent or
producing false or misleading documents or
evidence.
False Case

98. Timelines as per the Act
TIMELINES
Submission of Complaint Within 3 months of the last
incident
Notice to the Respondent Within 7 days of receiving copy of
the complaint
Completion of Inquiry Within 90 days of complaint
Submission of Report by ICC/LCC
to employer/DO
Within 10 days of completion of
the inquiry
Implementation of
Recommendations
Within 60 days
Appeal Within 90 days of the
recommendations

99. Posh Act 2013