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Posh Policy (Draft)

The POSH policy for Paigam Organization aims to prevent and prohibit sexual harassment at the workplace, ensuring a safe and respectful environment for all women employees. It outlines the formation of an Internal Complaints Committee, the process for filing complaints, and the inquiry and redressal mechanisms, while emphasizing confidentiality and responsibilities of both employers and employees. The policy is based on the Sexual Harassment of Women at Workplace Act, 2013, and includes case studies highlighting the importance of such policies.

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Siddhi Dubey
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4 views3 pages

Posh Policy (Draft)

The POSH policy for Paigam Organization aims to prevent and prohibit sexual harassment at the workplace, ensuring a safe and respectful environment for all women employees. It outlines the formation of an Internal Complaints Committee, the process for filing complaints, and the inquiry and redressal mechanisms, while emphasizing confidentiality and responsibilities of both employers and employees. The policy is based on the Sexual Harassment of Women at Workplace Act, 2013, and includes case studies highlighting the importance of such policies.

Uploaded by

Siddhi Dubey
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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POSH POLICY

For Paigam Organization (DRAFT)

Prevention of Sexual Harassment of Women at Workplace (POSH)


Policy

1. Introduction
This policy is created in accordance with the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013, to ensure that every woman feels safe,
secure, and respected at her workplace. Paigam Organization believes in fostering an
inclusive, safe and respectful working environment for all women involved in its mission-
driven work.

2. Objective
•To prevent and prohibit sexual harassment at the workplace.
• To provide a redressal mechanism for complaints.
• To promote a safe and inclusive work environment.

3. Scope
This policy applies to:
• All women employees, including part-time, temporary, contract workers, interns,
volunteers, and consultants.
•All premises where official business is conducted including work travel, workshops, and
social events.
•This is especially important in Paigam's community and outreach programs.

4. What is Sexual Harassment?


As per the Act, sexual harassment includes:
•Physical contact or advances
•A demand or request for sexual favours
•Sexually coloured remarks
•Showing pornography
•Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
It also includes:
• Threats of poor performance review or demotion in exchange for sexual favours.
• Creating a hostile, humiliating, or offensive work environment.

5. Internal Complaints Committee (ICC)


Each organization must form an ICC with:
• A senior woman employee as Chairperson
• At least two employees (committed to women’s rights)
•One external NGO/legal member

Tenure: 3 years
Minimum 50% women in the committee

6. Filing a Complaint
• Complaint must be made in writing within 3 months from the incident.
• If the woman is unable to write, ICC members must help her.
• In case of mental/physical incapacity or death, a legal heir or associate can file the
complaint.

7. Inquiry and Redressal Process


•Complaint investigated within 90 days
• Parties must be given a fair chance to present their side.
• Conciliation is possible (if requested by the complainant), but no money settlement can be
a part of it.
• ICC can recommend action, transfer, or leave up to 3 months for the victim.
• Final decision to be taken by the employer within 60 days of ICC report.

8. Action on Complaint
If allegations are proven:
• Disciplinary action as per service rules
•Deduction of compensation from the offender’s salary
• Payment to the victim for mental trauma, loss of career, etc.

If allegations are false with malicious intent:


•Action may be taken against the complainant under Section 14.

9. Confidentiality
Details of the complaint and proceedings must be kept confidential. Any breach may lead to
penalties.
10. Appeal
An appeal can be filed in a court/tribunal within 90 days of the ICC’s recommendation.

11. Responsibilities
Employers:
• Provide a safe workplace
• Conduct POSH training sessions
• Display POSH policy at all offices

Employees:
• Respect workplace boundaries
• Report incidents or support victims
• Avoid false complaints

Case Studies from India


Case Study 1: Vishaka vs. State of Rajasthan (1997)
This landmark case led to the formation of the Vishaka Guidelines, which eventually became
the foundation for the POSH Act. It involved the gangrape of a social worker in Rajasthan
while she was preventing child marriage. The Supreme Court emphasized the need for
mechanisms to prevent sexual harassment.

Case Study 2: Tehelka Case (2013)


Journalist Tarun Tejpal, then editor-in-chief of Tehelka magazine, was accused of sexually
assaulting a junior journalist. The case revealed how workplaces failed to set up ICCs and
follow proper redressal mechanisms. The case played a key role in promoting the POSH Act.

Case Study 3: Rupan Deol Bajaj vs. KPS Gill (1995)


A senior IPS officer, KPS Gill, was accused of molesting IAS officer Rupan Deol Bajaj. The
Supreme Court upheld that such acts, even in power dynamics, are not acceptable and
punishable under IPC, reinforcing the need for strong workplace policies.

Conclusion
A workplace free from sexual harassment is not just a legal requirement, but a moral and
ethical responsibility. The POSH policy ensures that women can work with dignity, equality,
and without fear. Every organization, including Paigam, must strictly enforce this policy to
build a culture of safety and respect.

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