Sexual harassment of woman at workplace is a matter of grave concern as it affects women’s right to life and livelihood. Therefore, to promote gender equality and women empowerment across every sector, the Government of India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 (“POSH Act”) and Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Rules, 2013 (“POSH Rules”).

One of the primary objectives behind the enactment of the POSH Act was to ensure safe working spaces for women and to build enabling work environments that respect women’s right to equality of status and opportunity. The POSH Act read with POSH Rules provides for protection against sexual harassment of women at workplace and has also provided mechanisms for the prevention and redressal of complaints of sexual harassment. Additionally, the legislation also casts mandatory duties on the employer to provide a safe working environment at the workplace.

Legal scenario pertaining to data protection in India

A&A is recognized amongst the leading law firms in matters pertaining to POSH law. The team at A&A not only advises on POSH Laws but also promotes a safe working environment and has in fact adopted necessary policies and procedures in line with the POSH Act read with POSH Rules within the firm.

As we all are aware that sexual harassment is a very sensitive topic and not only requires a lot of patience and clarity in addressing the issue at hand but also a clear understanding of the POSH laws. Most of the time, organizations are not well prepared, equipped and lack expertise in handling complaints related to POSH or falling within the ambit of POSH laws in India. As a result, a lot of times organizations end up getting involved in legal battles which otherwise could have been avoided if such complaints had been handled more professionally. The team at A&A is adept at providing advisory on such critical matters including assisting with the investigation process in a time bound manner and helps organizations comprehend and mitigate the legal risks associated with such sensitive matters.

A&A provides tailor-made solutions and assistance regarding the legal issues pertaining to sexual harassment keeping in mind the business interests of our clients. To assist our clients in protecting their legal interests and addressing any concerns pertaining to POSH laws in India, we combine our legal expertise and practical industry experience to advise clients in the following manner:

• Undertaking drafting and reviewing of the POSH policies, guidelines, training manuals, and annual reports for organizations situated pan India.
• Conducting training sessions and awareness programs for both the employees and the Internal Complaints Committee members (“ICC Members”) and apprising them about their obligations and roles, procedure for addressing any sexual harassment complaint, the powers and duties of the ICC Members etc., as enshrined under the POSH Act read with the POSH Rules.
• Providing services as an external member of the internal committee to a plethora of clients and subsequently, participating in the inquiry hearings pertaining to sexual harassment complaints and ensure that the inquiry hearings and the findings arrived at by the ICC Members are in accordance with the POSH laws in India.
• Providing guidance and advisory to our clients to ensure that they are not only duly complying with the provisions stipulated under the POSH Act read with the POSH Rules but also with the necessary orders, circulars, notifications passed by the respective state governments or central government from time-to-time in relation to POSH.