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.
Maharashtra's 2022 audit revealed 60% non-compliance in IC formation. Mandatory district-level reporting now enforced with ₹50,000 penalties for violations.
A zero FIR allows sexual harassment victims to file complaints at any police station, regardless of jurisdiction, ensuring immediate evidence preservation.
File FIRs for PoSH criminal offences: visit police station, narrate incident, insist on recording verbatim, obtain signed copy & follow up via superior officers.
