The PoSH Act, 2013
Part I explores foundational PoSH Act provisions: employer liabilities, IC constitution & civil-criminal law intersections shaping workplace harassment jurisprudence.
Persons with disability and the private sector
Indian employers must ensure disability-inclusive PoSH mechanisms: accessible reporting, sensory-friendly inquiries & awareness programmes accommodating neurodiverse employees.
The Transgender Persons Act in the Indian workplace
The 2019 Act mandates non-discriminatory workplaces, requiring PoSH policies to explicitly protect transgender employees from harassment and ensure equal grievance redressal.
Rights of a respondent: PoSH inquiry
Respondents enjoy rights: receive complaint copy, adequate response time, impartial hearing, representation & appeal. Natural justice principles apply throughout proceedings.
Understanding the role of consent: PoSH inquiry
Consent in PoSH hinges on clear, voluntary agreement – absence of “no” doesn’t mean “yes”. Context, power dynamics & behavioural patterns critically inform assessments.
Sharing of evidence: PoSH inquiry
Both parties must receive equal access to evidence during inquiry, with 10 working days to respond per Rule 7(5) of PoSH Rules 2013.
