Rainmaker ’s Post

Many of us frequently tell things like, "Oh, you gained weight," "Oh, you lost weight," or "You look thin/thick" etc .This has become so commonplace that we use it in everyday conversations. We need to realise how this affects the person, not only this but it is also immoral and illegal, but it can also land you imprisonment for years and may incur fine as well . One of the strongest and most well-known laws is the “Prevention of Sexual Harassment (POSH) at Workplace” (Prevention, Prohibition, and Redressal),2013. Most people have heard of it, but very few understand how strong it is, since some of the women have experienced numerous illegal things, so it is the required law ,but many of them also misuse this for improper purposes, such as seeking revenge or acting out of jealousy etc . Thus, be extra cautious in your words and deeds towards your female colleagues especially . Even a small act of praise also from you could get you behind the bars.

In a recent ruling, the Madras High Court dealt with the definition of a continuing offence of sexual harassment under the PoSH Act and held that even a single serious incident of workplace sexual harassment, if it causes lasting trauma and fear for the victim can be said to be a continuing incident. This decision acknowledges the enduring mental and emotional toll victims endure, which often delays their decision to report the harassment. Stressing that such ongoing harm shouldn't be constrained by the Act's six-month limitation period for making a complaint, the ruling aims to empower victims to seek justice without undue time pressure, thereby safeguarding their workplace rights. This ruling highlights a significant shift in how workplace sexual harassment is perceived and addressed, emphasizing the importance of robust protections and support systems in ensuring a safe and respectful work environment for all employees. #WorkplaceHarassment #LegalJustice #EmployeeRights #MadrasHighCourt #KeepItRight

A Stark Reminder of the need of Stronger Protections The horrific rape and murder of Dr. Moumita Debanath is a tragic reminder of the danger women face, even in spaces where they should feel safe, where she is responsible to give life to others. Her death highlights the thin line difference between harassment and violent crime, emphasizing the critical need for gender specific protections like those in POSH Act. While POSH Act is vital for preventing sexual harassment in workplaces, this case shows that harassment when unchecked can quickly escalate to something far more sinister. This tragedy underscores the necessity of not only stronger legal protections but also societal shift that takes harassment seriously, recognizing it as a precursor to more severe crimes. As we seek justice we must also reflect on the broader need for comprehensive protections that extend beyond the workplace to ensure women are safe in all areas of their lives. #JusticeforMounita#POSH#GenderBiasedViolence#WomenSafety#WorkplaceHarassment

LawChef The Supreme Court said that sexual harassment should be defined and circulated to the workplaces. The court also said that a complaints committee should be formed with a woman head and most of its members should be women.⚖️👨⚖️ ➡️ An external third party like an NGO should also be involved. There should be a strong mechanism for timely and effective redressal of complaints. ➡️ Awareness should be created about sexual harassment at workplaces and the process of reporting to all the women who are there should be absolutely clear. ➡️ Seventeen years after the Vishaka guidelines, the Parliament passed the Sexual harassment at workplace Prevention Prohibition and Redressal Act 2013. #legalnews #legalcontent #legalupdates #lawchef #lawfirm #lawyers #supremecourt #delhigovt #lawyers #sexualharassment #NGO #workplaces #followers https://lnkd.in/dfniU5Mj https://lnkd.in/dgRD3r8T https://lnkd.in/dkGtNwQU [email protected]

The Madras High Court has made a landmark decision, stating that victims of serious sexual harassment incidents that cause "grave mental trauma" and "stress" can report and seek investigation at any time, without being limited to a three-month window. The court has taken a broad interpretation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act to ensure that serious allegations against perpetrators are addressed. Specifically, the court has ruled that sexual assault or molestation will be considered a "continuing offence", meaning that the victim can seek action against the accused at any time, without being bound by the three-month deadline set forth in Section 9 of the POSH Act. Implementing a robust and comprehensive POSH policy and procedures is non-negotiable for any organization. Effective training for all employees and POSH committee members is crucial to create a culture of zero tolerance for sexual harassment, ultimately ensuring a safe and respectful work environment for all women. #posh #saferworkplace #hrriskadvisory

#Posh #complaints #sesitisation #limitationslaw How a single instance of sexual harassment can result in continued harassment and not be constrained under strict time limitations under the law .

Single instance of sexual harassment at workplace can be considered 'continuing offence', not barred by limitation: Madras High Court In a recent landmark judgment, the Hon’ble Madras High Court delivered a ruling that intricately balanced the sensitivity required in handling sexual harassment cases with the necessity of ensuring procedural fairness for the accused. Hon’ble Mr. Justice D Bharatha Chakravarthy, presiding over the case, acknowledged the immense psychological burden and fear that victims of sexual harassment often endure, which can delay their decision to report such incidents.   In a progressive and compassionate ruling, he declared that even an isolated incident of severe sexual harassment causing ongoing trauma should be treated as ‘continuing offence’. This interpretation allows victims the necessary time to come forward, thus not binding them to the six-month limitation period of the POSH Act.   In this captivating read, Anuradha Gandhi, Managing Associate and Isha Sharma, Associate at SSRANA & Co., share as to how this ruling sets a precedent for future cases, ensuring that the rights of both victims and the accused are adequately protected. #ssrana #poshlaw #poshact #poshindia #sexualharassmentatworkplace #workplacesafety #sexualharassment #MadrasHighCourt #poshcases

Prevention of sexual harassment (POSH) at the workplace is a critical issue, and organizations are required to follow guidelines to create a safe and respectful environment. In India, for instance, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (often referred to as the POSH Act) was introduced to protect employees, particularly women, from sexual harassment. A crucial part of this law involves the constitution of the Internal Complaints Committee (ICC), sometimes called the Internal Committee (IC), which handles complaints related to sexual harassment at the workplace. #posh #sexualharrassment #law #legalrights

What relief is available for harassment by public and police for an act not committed? What actions to take? Harassment is when someone behaves in a way which makes you feel distressed, humiliated or threatened. It could be someone you know, like a neighbour or people from you local area or it could be a stranger - for example, someone on the bus. Examples of harassment include: -unwanted phone calls, letters, emails or visits -abuse and bullying online -stalking -verbal abuse and threats -smashing windows or using dogs to frighten you. In situation of this type, it is best to first understand the law and the legal principles attached to the query and the same at prima facie knowledge stand in your favour since police or the neighbours/ other people had no right to get into this issue. The legislature enacted The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 aimed at providing protection to women at workplace but is women centric and does little to provide any protection for men against a female aggressor. If you've been the victim of harassment you can take action in the civil courts against the person harassing you or you may approach the higher police authorities with your complaint. You need to make your claim within the prescribed time period of when the harassment happened. You can still take civil court action even if the person harassing you hasn't been found guilty of a criminal offence. Reference Laws: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013