Best POSH Lawyers in India
Best POSH Lawyers 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.
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.
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:
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