Treatise on Posh Act

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Description
with the law on sexual harassment of women at the workplace began of undergraduate law studies in 1999, when I was tasked with a paper on the Vishaka Guidelines laid down by the Supreme Court in 1997. Little did I know that the legislation stemming from these guidelines would have a profound impact on me two decades later. The Sexual Harassment of Workplace (Prevention, Prohibition and Redressal) Act, 2013 was 1 December 9, 2013. This legislation has significantly impacted the vast working population. A closer examination reveals a shift in focus-moving beyond merely preventing sexual harassment at the workplace to also prohibiting it and providing effective redressal mechanisms. Notably, India is among the few countries with dedicated legislation specifically addressing sexual harassment of women at the enacted workplace.
While my primary practice focused on tax and corporate law, I was inducted as an external member of various organisations' Internal Committees. Initially, the women POSH Act was seen as just another enactment for women's welfare, merely requiring compliance-a tick-box exercise. However, with the increasing number of entering the workforce, growing awareness, the emphasis on DEI (Diversity, Equity, and Inclusion) initiatives, and courts emphasising the legislation's importance, stakeholders began to recognise the significance of this Act.
As an External Member, I observed several challenges in understanding and implementing the Act. Internal Committee members and Presiding Officers play a crucial role in implementing this Act. As experts in their respective fields-science, manufacturing, research, sales and marketing, software development, administration, teaching, etc.-they are suddenly thrust into the role of jurors. This can be daunting, as they are expected to make decisions that can have far-reaching consequences for the parties involved. This can be a heavy burden, especially when they may not have the necessary training or expertise in handling sensitive and complex cases of sexual harassment.
The resources available on the POSH Act were either too simple or too legalistic and complicated. There was a requirement to understand the intricacies of the Act in a lucid manner. My attempt was to create such a resource that would provide clear, comprehensive, concise, and practical guidance on the POSH Act, without getting bogged down by legal jargon. This book is the result of that endeavour. It is designed to be a user-friendly guide, one that will help all stakeholders navigate the complexities of the POSH Act with confidence and clarity. By providing a comprehensive resource, this book aims to bridge the gap between the legal requirements of the POSH Act and the practical realities of implementing it in the workplace.
This book is intended to serve as a valuable resource for various stakeholders, including IC members, employers, employees, researchers conducting comparative studies on sexual harassment laws across jurisdictions, scholars seeking to deepen their understanding of the POSH Act and its implications, and policymakers looking to refine and improve existing laws and policies related to sexual harassment.
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Table of Contents
1. History & Background of The POSH Act
2. Introduction to POSH Act
3. Sexual Harassment & its Forms
4. Complaints Committee
5. Complaint
6. Inquiry
7. Miscellaneous
8. Sector-wise Applicability
9. Sexual Harassment - Protection under other Laws
10. POSH in other Jurisdictions
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Author Details
Dhana Madhri Guruswamy is an advocate with a rich experience of having across varied legal areas. She is a recognised expert on the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 (POSH Act). She has been at the forefront of initiatives aimed at fostering safer workplaces across sectors. As a sought-after trainer, she has conducted numerous specialised sessions for Internal Committee members and employees, providing in-depth guidance on compliance, inquiry processes, and best practices under the POSH Act.
Madhri's hands-on experience also includes serving as an External Member in Internal Committees for several private, public, and multinational organisations, where she has played a pivotal role in navigating complex POSH-related inquiries and queries. Her contributions in this field are complemented by her broader expertise in legal writing, mergers and acquisitions, and litigation in tax and
corporate laws like GST and IBC.
Madhri holds a Bachelor's degree in Law from the University of Madras, where she graduated as a university rank holder, and a Master's in Law from the University of New South Wales, Sydney, Australia both prestigious achievements that underscore her academic excellence. She was also a school topper, a testament to her consistent dedication to academic and professional growth.
Her legal acumen is further highlighted by her tenure as Junior Standing Counsel to the Central Board of Indirect Taxes & Customs, and her representation of the State Commercial Tax Department at the Madras High Court.
With a substantial body of work in courtrooms, tribunals, and statutory authorities, her book offers a critical and comparative commentary drawn from years of real-world experience, making it an essential resource for everyone-not only legal professionals and practitioners but also members across various sectors like manufacturing, IT and ITES, services, educational, banking, public sector and government. She is currently a partner of Agam Legal based out of Chennai.