Shreya, a project manager at a reputed advertising agency, had always enjoyed a positive work environment. However, things took a troubling turn when Priya, a fellow manager, began making inappropriate comments and physical advances toward her. Initially, Shreya brushed it off as harmless banter, but as the behaviour escalated, she started feeling uncomfortable and unsafe at work.
Determined to address the issue, Shreya approached the company’s Internal Committee (IC) and narrated her experiences. However, to her dismay, the IC seemed unsure whether a complaint from one woman against another could be addressed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act). Feeling unsupported and confused, Shreya was left questioning her decision to come forward.
A similar issue was addressed by the Calcutta High Court in Dr. Malabika Bhattacharjee vs. Internal Complaints Committee, Vivekananda College, where the court clarified that the PoSH Act does not exclude same-gender complaints. The Court held that a complaint filed by a female employee against another female, alleging sexual harassment at the workplace, is maintainable under the PoSH Act. The judgment emphasised that the primary objective of the Act is to address workplace harassment regardless of the gender of the complainant and the respondent.
This ruling highlights the evolving interpretation of the PoSH Act to ensure inclusive workplace safety. The Court’s decision reinforces that protection from sexual harassment must extend to all employees, irrespective of gender, to uphold justice and fairness.
How Can Organisations Foster Inclusivity in PoSH Compliance?
Shreya’s experience underscores the importance of organisations updating their policies to reflect recent legal interpretations. Here are some key steps organisations should take:
- Review and Update PoSH Policies
Organisations should revisit their PoSH policies to explicitly include same-gender harassment cases, ensuring that all employees feel equally protected. - Training IC Members on Inclusivity
Internal Committee members should receive updated training on handling same-gender complaints to ensure that victims are not dismissed or discouraged from coming forward. - Building a Safe Reporting Culture
By fostering an inclusive environment and openly addressing all forms of harassment, organisations can ensure that employees feel supported when reporting misconduct.
Implementing these measures can help organisations align with the evolving legal landscape and promote a workplace where every individual feels respected and protected. Creating a truly inclusive and safe environment requires proactive efforts to address all forms of harassment.
For further guidance on PoSH compliance and inclusive workplace policies, contact Serein at hello@serein.in.