PoSH

Part I explores foundational PoSH Act provisions: employer liabilities, IC constitution & civil-criminal law intersections shaping workplace harassment jurisprudence.

Indian employers must ensure disability-inclusive PoSH mechanisms: accessible reporting, sensory-friendly inquiries & awareness programmes accommodating neurodiverse employees.

The 2019 Act mandates non-discriminatory workplaces, requiring PoSH policies to explicitly protect transgender employees from harassment and ensure equal grievance redressal.

Respondents enjoy rights: receive complaint copy, adequate response time, impartial hearing, representation & appeal. Natural justice principles apply throughout proceedings.

Consent in PoSH hinges on clear, voluntary agreement – absence of “no” doesn’t mean “yes”. Context, power dynamics & behavioural patterns critically inform assessments.

Both parties must receive equal access to evidence during inquiry, with 10 working days to respond per Rule 7(5) of PoSH Rules 2013.