POSH Lawyers in India

 

POSH Lawyer in India

Meaning of Sexual Harassment: The POSH Act defines ‘sexual harassment’ as per the Supreme Court’s definition of ‘sexual harassment’ in the Vishaka Case. According to the POSH Act, ‘sexual harassment’ includes unwelcome sexually tinted behaviour, whether directly or by implication, such as:

1. physical contact and advances,

2. demand or request for sexual favours,

3. making sexually coloured remarks,

4. showing pornography, or

5. any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

Meaning of Aggrieved Woman: As per the POSH Act, an ‘aggrieved woman’ in

relation to a workplace, is a woman of any age, whether employed or not, who

alleges to have been subjected to any act of sexual harassment. Given that the

definition does not necessitate the woman to be an employee, so even a

customer/client who may be sexually harassed at a workplace can claim

protection under the POSH Act.

 Act is not Gender Neutral: The POSH Act protects only women and is not a gender-neutral statute and protects only women. Therefore, the safeguards under the POSH Act are not applicable to ‘men victims’.

POSH Lawyer

Sexual harassment is a very serious issue prevailing in our society. And it’s very important that these matters are dealt with only by experts. In such a situation, POSH lawyers come to rescue. They have the required specialisations and skills to deal with sexual harassment matters. Since these issues are very delicate, one must always try and take help from only the best POSH Lawyers in India. 

 

The Act also states that the following circumstances (whether implied or explicit) may constitute sexual harassment:

Promise of preferential treatment in employment;

Threat of detrimental treatment in employment;

Threat about present or future employment;

Creating an intimidating or offensive or hostile work environment; and,

Humiliating treatment potentially endangering health or safety.

From the definition, it is evident that what constitutes sexual harassment could be very subjective under POSH Law. This belies the general notion that some physical contact or at least some words, spoken or written, are a prerequisite to any conduct or behaviour being characterized as sexual harassment. The judiciary has acknowledged the subjective nature of sexual harassment and stated:

“A complete understanding of the complainant’s view requires... an analysis of the different perspectives of men and women. Conduct that many men consider unobjectionable may offend many women. Men tend to view some forms of sexual harassment as ‘harmless social interactions to which only overly-sensitive women would object’. Men, who are rarely victims of sexual assault, may view sexual conduct in a vacuum without a full appreciation of the social setting or the underlying threat of violence.”

While certain forms of sexual harassment are easily distinguishable for their sheer egregiousness, such as sexual assault, other forms may tread a thin line. Whether a particular behaviour amounts to sexual harassment depends on the context in which such behaviour takes place.

 

 

Conclusion

The POSH Act is an important tool in the hands of women and hence it is essential that it is used judiciously. All employers having 10 or more employees should necessarily have an ICC in place. Sensitisation about this issue is essential. Awareness sessions should be held. It is imperative that this piece of legislation does not merely adorn the paper but becomes a real weapon to curb sexual harassment in the country.