There is a thin line between moral obligation of respecting a female co-worker and the legal obligation to do so. The IC cannot superimpose its moralities on the workforce but must be guided by legal principles and determine outcome of the misconduct empirically.
Sexual Harassment
Effective monitoring by Govt Authorities of full-scale implementation is yet to be the order of the day; therefore, large no. of employers tend to comply with POSH Laws as a mere ritual or rigmarole or sham.
The organisations need to not only make compliances in regards to the provisions of the enactment but needs to channelise the mindset of individuals.
The naïve optimism surrounding the advantages of the PoSH Act need to be balanced through a deeper understanding of the disadvantages hidden within the Act in its current form. The Act needs to specify stringent anti-retaliation measures to alleviate the fear of retribution for lodging a sexual...
The purpose and aim of any policy in the organisation should not be to create fear among the employees but to make them aware and make it a part of their code of conduct and imbibing it as culture. It should make each and every employee more responsible and accountable to uphold the law.
The effective implementation of POSH Act requires creating an environment where women can speak up without fear and get justice, importantly to educate the men towards treatment of women at workplace is highly needed.
It is fairly effective in the organised sectors, but is still dormant and therefore rather ineffective in the unorganised sectors. The most glaring instance is existence of the Local Complaints Committee in the Districts and the Nodal Officer in each Block, constituted under Sub Sections (1) and...
The order directing the college to pay huge damages is certainly liable to have interfered which are not maintainable and against the very statute under which the Commission was constituted. Also, the claim of the petitioner for compensation for premature termination of service was also rejected by...