1. Business

Workplace Harassment Act Guidelines

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A challenge was recently filed in the Supreme Court contesting guidelines given by the Bombay High Court in cases brought underneath the Protection of Women from Sexual workplace Harassment posh act 2013.

  • The challenged clause prohibits parties and lawyers from discussing records, especially orders and judgements, with the media.
  • The rules were drafted by Justice G.S. Patel of the Bombay High Court in order to safeguard the names of the parties in a posh act 2013 case.


Key Points

  • Petitioner's Arguments: Against the Spirit of Article 19: The petitioner contended that a blanket ban violates Article 19's guarantee of freedom of speech and expression. According to the petition, a well-informed public governs themselves better. The right to free expression may only be limited if it interferes with the administration of justice.
    • Any restriction on the people's right to know comprehensive and accurate facts is an infringement on their right to information
    • Restriction of Women's Voices: It may be used by powerful men to continue sexually harassing women and then silence their opinions on social networking sites and in the news media.
    • In matters of social justice and women's empowerment, public discourse has a significant impact on the kind of legal privileges provided to women.
    • The ruling might have a “ripple effect,” discouraging survivors from contacting the courts and creating a hazardous precedent for trial cases.
    • The 2013 Protection of Women Against Sexual Workplace Harassment Act or Posh Act 2013
  • Background: In the landmark case of Vishakha and others against the State of Rajasthan in 1997, the Supreme Court issued “Vishakha recommendations.”
  • The Sexual Harassment of Women at Workplace harassment (Prevention, Prohibition, and Redressal) posh act 2013, was based on these standards (“Sexual Harassment Act”).

System: The Regulations define sexual workplace harassment in the workplace and establishes a redressal mechanism for complaints. Every company is obligated to form an Internal Complaints Committee in each office or branch with ten or more workers. The Complaints Committees have the same authorities as civil courts when it comes to acquiring evidence. If a complainant requests it, the Complaints Committees must provide for mediation before launching an investigation.



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