Professional Documents
Culture Documents
BREAK THE
SILENCE
Unveiling the Shadows of Sexual
Harassment at Workplace
Break the
Silence
DEDICATED TO
4
Break the Silence
5
Handbook for POSH Practitioners
Contents
Author’s Introduction 7
Foreword9
Acknowledgments 13
1. Introduction15
3. Historical Perspective 24
5. Cultural Context 35
8. Forms of Harassment 44
9. Intersectionality50
6
Break the Silence
30. Appendix172
7
Handbook for POSH Practitioners
Author’s Introduction
M arie Banu Rodriguez is
a distinguished leader in
the social sector, holding the
position of a full-time Director
at the Centre for Social Initiative
and Management (CSIM) in
Chennai. Additionally, Marie
serves as the Director of the
Social Audit Network in the
UK and is a recognized Social
Auditor. She recently authored a Guide on Social Impact
Assessment published by the Social Audit Network UK.
She actively serves as a member of both the Regional
Complaints Committee (RCC) and the Internal Complaints
Committee (ICC) for the Prevention of Sexual Harassment
at the Workplace (PoSH). Operating under clause (c) of Sub
Section (2) of Section 4 of the Sexual Harassment of Women
at Workplace (Prosecution, Prohibition, and Redressal) Act,
2013, and is committed to a gender-neutral approach.
As on 2024, Marie holds ICC membership at several
organizations, including Foxconn Technology, Sundaram
Composite Structures, Dvara Holdings, Dvara Kshetriya
Gramin Financial Services (KGF), Forbes Marshall,
Mahle Engine Components, and Lohman Adhesive Tapes.
Additionally, she actively contributes to the Staff Grievance
Redressal Cell at Loyola College and the Anti-sexual
Harassment Cell at SSS Shasun Jain College, both located
in Chennai.
Marie has served as an ICC member at institutions like the
Reserve Bank of India (RBI), Bosch Electric Drives Ltd, Borg
8
Break the Silence
9
Handbook for POSH Practitioners
Foreword
M
for
arie Banu Rodriguez is
the Director of Centre
Social Initiative and
Management (CSIM) in Chennai.
My association with her goes
back to 2000, when I was invited
to give guest lectures at CSIM.
Marie Banu edits and publishes
Conversations Today a monthly
tabloid launched that features
Social Entrepreneurs, NGOs, CSIM alumni, change makers,
and celebrities involved in social work. Whether it is her
humorous notes about her various adventures in the Face
Book or serious writing to enlighten the readers Marie Banu
is effective in communication. I am her big fan. Therefore, it
is my privilege to write this foreword.
This book ‘Break the Silence’ is the need of the hour. A
study about working women in India says that around 39.3%
females of age group 15-59 years in rural areas were in labour
force while around 26.5% females were in labour force
in urban areas during 2021-22. (https://thewire.in/women/
women-labour-force-india-growth) It is common sense that
these women are exposed to all ravages including of course
the harassments faced by them because they are women –
which is sexual harassment per se.
Till the Supreme Court of India looked at this issue of
women’s sexual harassment at work place in 1997 in the
Vishaka case, there was very little safeguards available for
women at work places. Marie Banu Rodriguez has very well
traced this historical perspective and gone further down
to enlighten the readers about the rights of victims, law
governing the subject, means to get redressal, application,
10
Break the Silence
11
Handbook for POSH Practitioners
12
Break the Silence
13
Handbook for POSH Practitioners
Acknowledgements
W riting “Break the Silence: A Comprehensive
Exploration of the Prevention of Sexual Harassment
(PoSH)” has been a collaborative journey that wouldn’t
have been possible without the invaluable support and
encouragement from various quarters.
First and foremost, I extend my heartfelt gratitude to Mrs.
Sudha Ramalingam for penning the foreword. Your insightful
contribution has added a profound layer to the book, and
your support is deeply appreciated.
A special thanks to Mrs. Latha Suresh, Trustee, MSDS, whose
unwavering encouragement transformed this exploration
into a well-rounded and comprehensive resource.
I extend my sincere appreciation to the organizations
that graciously invited me to be a part of their Internal
Complaints Committee. Your trust in me and the opportunity
to contribute to the creation of safer workplaces have not
only been an honour but also a significant influence on the
content of this book. I want to acknowledge the individuals
and organisations who generously shared their experiences
and insights, contributing to a real-world understanding of
workplace harassment.
To my parents and sons, thank you for your unwavering
encouragement and understanding during the demanding
phases of writing. Your belief in the importance of this work
has been a constant motivation, and I am grateful for your
unwavering support.
To the readers of this book, I express my gratitude; may it
serve as a source of knowledge, inspiration, and a catalyst
for positive change in addressing workplace harassment.
Marie Banu Rodriguez
14
Break the Silence
15
Handbook for POSH Practitioners
Chapter 1
Introduction
W orkplace sexual harassment is a pervasive and deeply
rooted issue that transcends geographical boundaries,
impacting individuals across diverse professional landscapes.
In India, where the intersection of tradition and modernity
shapes the socio-cultural fabric, addressing this concern
becomes a critical imperative.
The roots of workplace sexual harassment in India can be
traced through the annals of time, embedded in patriarchal
structures and gender-based power dynamics. Historically,
women faced various forms of exploitation and discrimination
in professional settings, often silenced by societal norms that
perpetuated a culture of impunity. It wasn’t until landmark
events and societal shifts that the issue gained visibility and
prompted legal interventions.
Understanding workplace sexual harassment in India
requires navigating through the intricate tapestry of cultural
norms and societal expectations. While legal provisions
offer a foundation, the effectiveness of these measures
depends on their integration into the cultural fabric. Deep-
seated patriarchal norms, fear of reprisal, and societal stigma
contribute to the underreporting of incidents, creating an
environment where victims often choose silence over
confrontation.
Cultural transformation is integral to combating sexual
harassment. Initiatives that challenge gender norms, promote
diversity and inclusion, and foster respectful communication
are vital. Sensitising the workforce to recognise the subtle
manifestations of harassment and dismantling stereotypes
16
Break the Silence
17
Handbook for POSH Practitioners
18
Break the Silence
19
Handbook for POSH Practitioners
20
Break the Silence
Chapter 2
22
Break the Silence
Workplace
For a woman to seek protection under the PoSH Act, the
incident of sexual harassment should have occurred at the
workplace. Section 3 of the Act explicitly states that a woman
shall not be subjected to sexual harassment at her workplace.
This underscores the importance of distinguishing between
professional and non-professional spaces when evaluating
incidents of harassment under the Act.
A workplace is defined as “any place visited by the employee
arising out of or during the course of employment, including
transportation provided by the employer for undertaking
such a journey.” As per this definition, a workplace covers
both the organised and unorganised sectors. It also includes
all workplaces whether owned by Indian or foreign company
having a place of work in India.
As per the Act, workplace includes:
i. Government organisations, including Government
company, corporations and cooperative societies
23
Handbook for POSH Practitioners
Gender-Specific Protection
The PoSH Act is not gender-neutral; it specifically extends
protection to women. While women are afforded safeguards
under the Act, men are not covered as victims. However,
organisations have the discretion to extend protection to men
through their internal policies, reflecting a commitment to
inclusivity and creating an environment free from harassment
for all.
The PoSH Act’s applicability and scope cover a wide
spectrum of workplaces and scenarios. By understanding
the jurisdiction, the definition of an aggrieved woman,
the workplace context, gender-specific protection, and
the diverse range of covered entities, organisations can
implement the Act effectively.
This ensures a holistic and standardised approach to address
and prevent sexual harassment, fostering workplaces that
prioritise dignity, respect, and equality for all individuals.
24
Break the Silence
Chapter 3
Historical Perspective
A s you delve into the historical evolution of workplace
harassment awareness in India, you will find this
section contextualising the issue within the broader socio-
legal framework. The narrative will take you through pivotal
moments, such as the emergence of the Vishakha Guidelines
in response to the Bhanwari Devi case.
This landmark legal battle highlighted the necessity for
institutional mechanisms to address workplace harassment.
The critical juncture in India’s commitment to combating
harassment comes with the subsequent enactment of the
PoSH Act in 2013.
To truly appreciate the progress made and the challenges
that persist in the contemporary landscape, it is essential
for you to understand this historical context. Through
these elaborations, this chapter aims to provide you with a
comprehensive foundation for the exploration of workplace
harassment in India.
The goal is to engage you emotionally and intellectually,
fostering empathy and awareness as you embark on a journey
through the complexities of this pervasive issue.
25
Handbook for POSH Practitioners
26
Break the Silence
Personal
* Depression
27
Handbook for POSH Practitioners
* Sense of powerlessness
* Objectification
* Defamation
* Forced relocation
28
Break the Silence
Chapter 4
29
Handbook for POSH Practitioners
30
Break the Silence
31
Handbook for POSH Practitioners
32
Break the Silence
33
Handbook for POSH Practitioners
34
Break the Silence
35
Handbook for POSH Practitioners
Chapter 5
Cultural Context
U nderstanding workplace harassment in India necessitates
an exploration of the intricate interplay between cultural
norms, societal expectations, and workplace dynamics.
This chapter delves into the cultural context that influences
response to harassment within the Indian workplace.
Gender Norms and Stereotypes in the Indian Workplace:
India’s workplace dynamics are deeply influenced by
traditional gender norms and stereotypes. The societal
expectation that places women in nurturing roles and men in
authoritative positions can contribute to power imbalances.
Role of Social Structures in Perpetuating or Combating
Harassment: Caste, class, and social hierarchies intricately
affect workplace dynamics in India. Examining the role of
caste or class in hiring practices, promotions, and everyday
interactions sheds light on potential sources of harassment.
It also explores instances where these structures can be
leveraged to combat harassment by fostering solidarity and
collective action.
Intersectionality in Workplace Harassment: Workplace
harassment is not experienced uniformly. Factors such
as gender, caste, religion, and socio-economic status
intersect, thereby creating unique challenges for individuals.
Understanding intersectionality is crucial for developing
policies and support systems that address the diverse
experiences of different groups.
Balancing Modernity and Tradition: While progressive
ideals advocate for gender equality and respectful workplace
environments, deeply ingrained traditional values resist
36
Break the Silence
37
Handbook for POSH Practitioners
38
Break the Silence
39
Handbook for POSH Practitioners
Chapter 6
41
Handbook for POSH Practitioners
42
Break the Silence
Chapter 7
43
Handbook for POSH Practitioners
44
Break the Silence
Chapter 8
Forms of Harassment
H arassment in the workplace manifests in various forms,
creating an intimidating and hostile environment
for victims. This chapter explores the nuanced landscape
of harassment, shedding light on its different types,
manifestations, and the impact on individuals and
organisations.
Generally workplace sexual harassment refers to two
common forms of inappropriate behaviour:
A. Quid Pro Quo (literally ‘this for that’)
• Implied or explicit promise of preferential/detrimental
treatment in employment
• Implied or express threat about her present or future
employment status
B. Hostile Work Environment
• Creating a hostile, intimidating or an offensive work
environment
• Humiliating treatment likely to affect her health or safety
Before delving into the specific types, it is crucial to establish
a comprehensive definition of workplace harassment.
Workplace harassment encompasses any unwelcome
conduct, communication, or behaviour that creates an
intimidating, hostile, or offensive working environment. It
can manifest in various forms, targeting individuals based
on factors such as gender, race, religion, or other protected
characteristics.
Sexual harrassment is a pervasive form of workplace
45
Handbook for POSH Practitioners
46
Break the Silence
47
Handbook for POSH Practitioners
48
Break the Silence
49
Handbook for POSH Practitioners
50
Break the Silence
Chapter 9
Intersectionality
H arassment cases are complex and multifaceted, often
involving intersecting identities beyond just gender. This
section delves into the concept of intersectionality, exploring
how factors such as race, ethnicity, age, disability, and other
identity markers intersect to create unique challenges in
addressing and preventing workplace harassment.
Intersectionality recognises that individuals hold multiple
social identities, and these identities intersect to create
unique and often compounded forms of discrimination. It
goes beyond a singular focus on gender, acknowledging that
an individual’s experiences are shaped by the convergence
of various factors, including race, ethnicity, age, disability,
sexual orientation, and more.
Complexity in Harassment Cases: Workplace harassment
becomes more intricate when viewed through an
intersectional lens. Individuals may face harassment not
only based on their gender but also due to the intersection
of other identities. For example, a woman belonging to a
particular community may experience harassment differently
from another woman, highlighting the need to consider the
complexity of these cases.
Power Dynamics: Power dynamics in harassment cases are
influenced by intersectionality. Individuals with intersecting
marginalised identities may face compounded challenges
in the workplace. Recognising how power operates at the
intersection of various identities is crucial for understanding
the dynamics that contribute to harassment and for developing
targeted interventions.
51
Handbook for POSH Practitioners
52
Break the Silence
53
Handbook for POSH Practitioners
Chapter 10
Detrimental Effects of
Harassment
W orkplace harassment exacts a profound toll on
individuals, affecting not only their psychological
and emotional well-being but also manifesting in physical
consequences.
This chapter explores the intricate ways in which individuals
experience the detrimental effects of harassment in the
workplace.
Psychological Impact
54
Break the Silence
Emotional Consequences
55
Handbook for POSH Practitioners
56
Break the Silence
57
Handbook for POSH Practitioners
Chapter 11
59
Handbook for POSH Practitioners
Chapter 12
63
Handbook for POSH Practitioners
Chapter 13
Economic Cost of
Workplace Harassment
W orkplace harassment exacts a heavy toll not only on
individuals’ well-being but also on the economic
health of organisations. Ignoring or inadequately addressing
harassment can lead to a myriad of economic costs, affecting
productivity, employee turnover, and the overall financial
stability of the organisation. This chapter explores the far-
reaching economic consequences of turning a blind eye to
workplace harassment.
Turnover Costs
High turnover resulting from harassment incurs substantial
recruitment expenses, including advertising, interviewing,
and training costs for new hires. These costs strain
organisational budgets and divert resources that could be
invested elsewhere. The departure of experienced employees
due to harassment results in the loss of valuable institutional
knowledge, hindering organisational efficiency. Loss of
institutional knowledge may lead to a decline in the quality
of products or services and disrupt workflow.
Training and Re-training Costs
Organisations that fail to address harassment may find
themselves compelled to invest in repeated anti-harassment
training programs to rectify cultural issues. Continuous
training efforts are necessary to instil a culture of respect
and prevent recurrence of harassment incidents.
High turnover and a culture of harassment may necessitate
constant reskilling efforts, further draining organisational
64
Break the Silence
65
Handbook for POSH Practitioners
66
Break the Silence
67
Handbook for POSH Practitioners
Chapter 14
Reporting Mechanisms
T his chapter explores the critical role that reporting
mechanisms play in empowering individuals to voice
their concerns, fostering a culture of accountability, and
creating a safer, more inclusive work environment.
Encouraging Transparency: Reporting mechanisms
promote transparency by providing employees with a
confidential platform to report instances of harassment
without fear of retaliation. Transparency builds trust within
the organisation, assuring employees that their concerns will
be taken seriously and addressed appropriately.
Early Intervention: Timely reporting enables organisations
to intervene early, preventing the escalation of harassment
and addressing issues before they become systemic. Early
intervention is crucial for maintaining a healthy work
environment and minimising the impact of harassment on
individuals and the organisation as a whole.
Effective Reporting Mechanisms
Confidentiality: Ensuring the confidentiality of the reporting
process is crucial for building trust among employees
and encouraging open communication. Confidentiality
empowers individuals to come forward without fear of
reprisal, fostering a culture where reporting is seen as a safe
and responsible action.
Accessibility: Reporting mechanisms should be easily
accessible, allowing employees to submit complaints through
various channels, including online platforms, hotlines, and
in-person options. Accessibility ensures that individuals
68
Break the Silence
can choose the method that best suits their comfort and
convenience.
Clear Communication: Clearly communicating the
reporting process, including who receives reports, the
steps involved, and the protections in place for reporters,
is essential for its effectiveness. Clear communication
establishes expectations, reduces uncertainty, and reinforces
the organisation’s commitment to addressing harassment.
Whistle-blower Protection
Legal Safeguards: Implementing strong Whistle-blower
protection measures safeguards individuals who report
harassment from retaliation, reinforcing a culture of
accountability. Legal safeguards provide assurance to
Whistle-blowers that they will be protected from adverse
consequences for speaking out.
Educating Employees: Educating employees about their
rights and the protections afforded to Whistle-blowers
fosters a sense of security and encourages reporting.
Employee education creates awareness about the importance
of reporting and the organisation’s commitment to a
harassment-free workplace.
Ensuring Confidentiality
Anonymous Reporting Options: Offering anonymous
reporting options allows individuals to share their experiences
without revealing their identity, providing an additional
layer of protection. Anonymous reporting encourages those
who may be hesitant to come forward, ensuring a more
comprehensive understanding of the extent of harassment.
Secure Information Handling: Organisations must
establish secure protocols for handling reported information,
ensuring that only authorised personnel have access. Secure
69
Handbook for POSH Practitioners
70
Break the Silence
71
Handbook for POSH Practitioners
72
Break the Silence
Chapter 15
73
Handbook for POSH Practitioners
74
Break the Silence
75
Handbook for POSH Practitioners
Chapter 16
Complaints Committee
T he Act provides for two kinds of complaints mechanisms:
Internal Complaints Committee (ICC) and Local
Complaints Committee (LCC). All Complaints Committees
must have 50 per cent representation of women. ICC or LCC
members will hold their position not exceeding three years
from the date of their nomination or appointment.
No Member Eligibility
1. Chairperson Women working at senior
level as employee; if not
available then nominated
from other office/units/
department/ workplace of the
same employer
76
Break the Silence
77
Handbook for POSH Practitioners
78
Break the Silence
79
Handbook for POSH Practitioners
80
Break the Silence
81
Handbook for POSH Practitioners
82
Break the Silence
84
Break the Silence
85
Handbook for POSH Practitioners
86
Break the Silence
Chapter 17
Complaints Mechanism
A nybody can become a victim of sexual harassment. As
per the PoSH Act, any aggrieved woman has the right
to file a complaint of sexual harassment with the employer.
It is important to note that the aggrieved woman need not be
an employee of an organisation to file a sexual harassment
complaint.
Complainant: PoSH Act defines the Complainant as the
person who filed a written complainant of sexual harassment
before the ICC/LCC. Either the aggrieved woman or any
other person who files a complaint on her behalf can be the
complainant.
Respondent: The person against whom a complaint is filed
is called the respondent. The respondent can be an employee
of an organisation or a third-party.
Registering Complaint
The complainant should submit a written complaint to the
ICC/LCC within three months (90 days) from the incident,
or in case of a series of incidents, within three months from
the last incident. The ICC/LCC can use its discretion to
extend this timeline to another three months if the reason for
delay of filing the complaint is valid.
Apart from registering a complaint with the Internal
Complaints Committee or the Local Complaints Committee,
PoSH Act allows the aggrieved woman to file a police
complaint also. Section 19 (g) of the PoSH Act states: “the
employer must “provide assistance to the woman if she so
chooses to file a complaint in relation to the offence under
87
Handbook for POSH Practitioners
the Indian Penal Code (45 of 1860) or any other law for the
time being in force.”
Redressal
Conciliation: After submitting the complaint, complainant
can request the LCC/ICC to settle the matter through
conciliation. The ICC/LCC will communicate the
complainant’s desire for conciliation to the respondent. If
the respondent agrees for conciliation, the ICC/LCC can
initiate for conciliation.
The features of conciliation are:
i. The ICC must document the settlement and share the
copy of the report with the employer, complainant and
the respondent.
88
Break the Silence
89
Handbook for POSH Practitioners
Timelines
For the purpose of conducting inquiry, ICC/LCC is vested
with the powers of the Civil Court. Section 11 (3) of the
PoSH Act states: “For the purpose of making an inquiry
under sub-section (1), the Internal Complaints Committee or
the Local Complaints Committee, as the case may be, shall
have the same powers as are vested in a civil court under the
Code of Civil Procedure, 1908 (5 of 1908) when trying a suit
in respect of the following matters, namely:
i. Summoning and enforcing the attendance of any person
and examining him on oath;
90
Break the Silence
91
Handbook for POSH Practitioners
4. Conciliation
• Details of the conciliation process if requested by the
complainant.
• Declaration of no monetary settlement as part of
conciliation.
5. Findings & Conclusion
• In-depth explanation of findings adhering to natural
justice principles.
• Reasons for upholding or dismissing allegations by the
complainant.
6. Recommendations to the Employer
• Disciplinary actions recommended against the
respondent.
• Rehabilitation details for the aggrieved.
• Mention if the allegation against the respondent is not
proved.
7. Declaration by the ICC
• Copy distribution to the complainant, respondent, and
employer.
• Declaration of confidentiality, except when required by
law.
• Adherence to the provisions of the PoSH Act.
• Documentation of reasons for recommendations.
• Confirmation of no personal interest by ICC members.
92
Break the Silence
93
Handbook for POSH Practitioners
94
Break the Silence
95
Handbook for POSH Practitioners
96
Break the Silence
97
Handbook for POSH Practitioners
98
Annual Reporting
As per Prevention of Sexual Harassment Act, 2013, there are
2 reports to be submitted by the employer.
It is the duty of the ICC to submit an annual report, which
includes the number of cases filed/disposed of every calendar
year to the employer and district office before the end of
January each year.
The employer has a statutory obligation to ensure this report
is included in the annual report of the organisation filed to
the Registrar of companies. (Pl refer Appendix for reporting
template)
Handbook for POSH Practitioners
Chapter 18
Whistle-blower Protection
W histle-blower protection is a cornerstone in fostering
a culture of reporting within organisations, especially
when it comes to sensitive issues like workplace harassment.
It involves legal safeguards and organisational policies
designed to shield individuals from retaliation when they
report misconduct, including workplace harassment. Legal
safeguards provide a framework that ensures individuals
can exercise their right to report without fear of adverse
consequences.
Whistle-blower protection extends beyond legal compliance
to create a cultural environment that values transparency,
accountability, and the courage to speak up. Culturally,
organisations embracing Whistle-blower protection send a
clear message that ethical behaviour is not only expected but
celebrated.
Building Trust Through Protection
Whistle-blower protection builds trust in reporting
mechanisms by assuring individuals that they can come
forward without fear of reprisal. Trust in reporting
mechanisms encourages employees to share concerns,
fostering a culture of openness and accountability.
Organisations that prioritise and effectively implement
Whistle-blower protection measures enhance their
credibility and commitment to addressing workplace issues.
Organisational credibility is strengthened when employees
perceive that their concerns are taken seriously and addressed
responsibly.
100
Break the Silence
101
Handbook for POSH Practitioners
102
Break the Silence
103
Handbook for POSH Practitioners
104
Break the Silence
Chapter 19
105
Handbook for POSH Practitioners
106
Break the Silence
107
Handbook for POSH Practitioners
108
Break the Silence
109
Handbook for POSH Practitioners
Chapter 20
Establishing a Culture of
Respect and Inclusivity
F ostering a workplace culture characterised by respect
and inclusivity is not merely a goal; it is an ongoing
commitment that permeates every facet of an organisation.
Such a culture not only acts as a preventative measure against
harassment but also creates an environment where each
individual feels valued, supported, and able to contribute
their best. Here’s an elaborate exploration of the steps and
principles involved in establishing a culture of respect and
inclusivity:
Leadership Commitment
Leadership sets the tone for organisational culture. When
leaders actively embody respect and inclusivity, employees
are more likely to follow suit. Leading by example involves
demonstrating inclusive behaviours, promoting open
communication, and showcasing the value of diversity.
Publicly declaring the organisation’s commitment to
fostering a culture of respect and inclusivity through official
statements and policies reinforces its importance. These
declarations serve as a public commitment that aligns
organisational values with broader societal expectations.
Clear Anti-Harassment Policies
Having easily accessible and well-communicated anti-
harassment policies provides a foundation for respectful
behaviour. Policies should be clear, concise, and available
through various channels, including employee handbooks,
intranet, and training materials.
110
Break the Silence
111
Handbook for POSH Practitioners
112
Break the Silence
113
Handbook for POSH Practitioners
114
Break the Silence
115
Handbook for POSH Practitioners
Chapter 21
117
Handbook for POSH Practitioners
v. Communication Skills
• Enhance communication skills, emphasising active
listening, clear expression, and the importance of
open and respectful dialogue. Provide practical tips
for fostering effective communication and building
positive relationships within the workplace.
• Provide guidance on giving and receiving constructive
feedback, creating a culture where communication
contributes to positive outcomes. Emphasise the
role of feedback in continuous improvement and the
development of a supportive work environment.
vi. Managerial Responsibilities
• Train managers on their crucial role in preventing
workplace harassment and fostering a culture of respect.
Provide insights into how leadership behaviours
impact the organisational climate and set the tone for
acceptable workplace conduct.
• Equip managers with the skills to handle harassment
complaints, ensuring a prompt and fair resolution
process. Training should focus on maintaining
confidentiality, conducting thorough investigations,
and promoting a supportive environment for those
involved.
vii. Power Dynamics and Leadership Behaviour
• Explore the influence of power dynamics on workplace
interactions and guide management in maintaining
equitable relationships. Highlight the importance
of leadership in addressing power imbalances and
creating an inclusive environment for all employees.
• Emphasise the importance of leadership behaviour
in shaping organisational culture and fostering a
respectful work environment. Encourage leaders to
118
Break the Silence
119
Handbook for POSH Practitioners
120
Break the Silence
121
Handbook for POSH Practitioners
Chapter 22
122
Break the Silence
123
Handbook for POSH Practitioners
124
Break the Silence
g. Leadership Responsibilities
Clearly outline the responsibilities of leaders in preventing
and addressing harassment. Leaders should be held
accountable for fostering a culture of respect, modelling
appropriate behaviour, and promptly addressing any
instances of harassment within their teams. Emphasise the
influential role leaders play in shaping the organisational
climate.
Require leaders at all levels to actively participate in
harassment prevention training. This ensures that leadership
is well-versed in organisational policies and committed
to upholding the highest standards of conduct. Illustrate
how leadership engagement is integral to the success of
harassment prevention initiatives.
h. Support Mechanisms
Integrate information about Employee Assistance Programs
(EAPs) or other support mechanisms available to individuals
who experience harassment. Communicate the organisation’s
commitment to providing resources for emotional and
psychological well-being. Emphasise a holistic approach to
supporting those affected by harassment.
Offer confidential counselling services as part of the support
system, recognising the potential impact of harassment
on an individual’s mental health. Clearly communicate
the availability and confidentiality of these services.
Demonstrate the organisation’s commitment to addressing
both the professional and personal well-being of employees.
i. Community Engagement
Explore opportunities for external partnerships with
organisations or advocacy groups focused on harassment
prevention. Engaging with the broader community reinforces
125
Handbook for POSH Practitioners
126
Break the Silence
Chapter 23
127
Handbook for POSH Practitioners
128
Break the Silence
129
Handbook for POSH Practitioners
130
Break the Silence
131
Handbook for POSH Practitioners
132
Break the Silence
133
Handbook for POSH Practitioners
Chapter 24
135
Handbook for POSH Practitioners
136
Break the Silence
137
Handbook for POSH Practitioners
Chapter 25
Effectiveness of Current
Laws and Policies
A ssessing the effectiveness of current laws and policies
is imperative to ensure that they align with evolving
societal norms and effectively address the complex
challenges posed by workplace harassment.
This chapter delves into the key parameters for evaluating the
efficacy of existing legislation and organisational policies,
providing a framework for continuous improvement.
Legal Compliance and Alignment with
International Standards
Assess the alignment of current laws with international
standards and conventions on workplace harassment,
ensuring that legal frameworks reflect global best practices.
This involves examining whether the existing legal
provisions encompass recognised international standards,
such as those set by organisations like the International
Labour Organisation (ILO) and United Nations.
Evaluate the legal framework’s adaptability to changing
societal norms, particularly in areas such as gender equity,
diversity, and evolving definitions of harassment. This
criterion assesses the responsiveness of current laws to
societal shifts, ensuring they remain relevant and effective
in addressing contemporary challenges.
Examine the extent to which laws recognise and address
intersectionality, ensuring protection for individuals
facing multiple forms of discrimination. Intersectionality
considerations involve evaluating whether legal provisions
138
Break the Silence
139
Handbook for POSH Practitioners
140
Break the Silence
affected by harassment.
Evaluate the provision of legal assistance and guidance
for victims, ensuring they have the necessary resources to
navigate legal processes. This criterion focuses on whether
organisations offer support in the form of legal advice,
representation, or referrals for victims seeking justice.
Examine measures in place to protect victims from
retaliation, reinforcing the importance of a safe environment
for those who come forward. Protection against retaliation
is crucial for creating a workplace culture where individuals
feel secure in reporting harassment without fearing negative
consequences.
Training and Awareness Programs
Assess the frequency and regularity of harassment prevention
training, recognising the need for ongoing education to
reinforce awareness. Regular training cycles ensure that
employees stay informed about harassment prevention
measures and remain vigilant against evolving forms of
harassment.
Evaluate the inclusivity of training programs, ensuring they
address diverse forms of harassment and are tailored to meet
the needs of all employees. Inclusive training programs cater
to the diversity within the workforce, making the content
relevant and relatable to individuals with varied experiences.
Scrutinise the participation of leadership in training programs,
emphasising the importance of leadership commitment
to fostering a harassment-free workplace. Leadership
participation sets the tone for the entire organisation and
reinforces the significance of prevention efforts.
Data Collection and Analysis
Evaluate the transparency of data collection and reporting
141
Handbook for POSH Practitioners
142
Break the Silence
Chapter 26
143
Handbook for POSH Practitioners
144
Break the Silence
145
Handbook for POSH Practitioners
146
Break the Silence
Chapter 27
Illustrations of Sexual
Harassment at Workplace
147
Handbook for POSH Practitioners
148
Break the Silence
149
Handbook for POSH Practitioners
150
Break the Silence
151
Handbook for POSH Practitioners
152
Break the Silence
153
Handbook for POSH Practitioners
154
Break the Silence
Chapter 28
Case Studies
Case Studies Illustrating Varied Forms of
Harassment
Examining real-world case studies is instrumental in
understanding the diverse and nuanced forms of harassment
that individuals may encounter in the workplace. The
following cases highlight different aspects of harassment,
shedding light on the complexity, impact, and varied
manifestations of these issues.
Micro-aggressions in a Tech Company
In a technology firm, a female software engineer from a tribal
community consistently experienced subtle but demeaning
comments from her colleagues. These micro-aggressions
ranged from remarks about her accent to stereotyping her
workstyle based on cultural assumptions.
Impact: While each incident seemed minor individually,
the cumulative effect of microaggressions took a toll on the
engineer’s mental well-being. She began to question her
abilities and contribution to the team, leading to decreased
job satisfaction and increased stress.
Lesson Learned: This case emphasises the insidious
nature of micro-aggressions and their potential to create a
hostile work environment. Organisations need to implement
awareness programs to educate employees about the impact
of seemingly minor behaviours on their colleagues.
Question: What form of harassment is evident in this case
study?
155
Handbook for POSH Practitioners
156
Break the Silence
157
Handbook for POSH Practitioners
158
Break the Silence
essential.
Question: What did the Whistle-blower face after reporting
harassment?
Answer: Subtle forms of retaliation, including exclusion
and negative performance evaluations.
Question: Why is protecting Whistle-blowers important?
Answer: To create a culture where reporting is encouraged
without fear of reprisal.
Disability-Based Harassment
In an office environment, an employee with a visible
physical disability faced persistent mockery and derogatory
comments from a group of co-workers. The harassment
included mimicking the employee’s movements, making
offensive jokes, and creating a generally hostile atmosphere.
Impact: The targeted employee experienced emotional
distress and a decline in self-esteem. The continuous
harassment affected her job performance and led to feelings
of isolation within the team.
Lesson Learned: This case underscores the importance
of addressing disability-based harassment. Organisations
should prioritise creating an inclusive environment that
fosters respect for individuals with disabilities and provides
education on the impact of ableism.
Question: What form of harassment is highlighted in this
case?
Answer: Disability-based harassment.
Question: How did the targeted employee react to the
harassment?
159
Handbook for POSH Practitioners
160
Break the Silence
161
Handbook for POSH Practitioners
162
Break the Silence
163
Handbook for POSH Practitioners
164
Break the Silence
165
Handbook for POSH Practitioners
Chapter 29
Knowledge Check
1. What does PoSH Act stand for?
a) Prevention of Sexual Harassment
b) Protection of Sexual Harassment
c) Promotion of Sexual Harassment
d) Prosecution of Sexual Harassment
Answer: a) Prevention of Sexual Harassment
2. According to the PoSH Act, who is considered an
‘aggrieved woman’?
a) Only female employees
b) Any woman, whether employed or not, alleging sexual
harassment
c) Only women aged 25 and above
d) Women employed in government organisations
Answer: b) Any woman, whether employed or not, alleging
sexual harassment
3. What is the jurisdiction of the PoSH Act?
a) Limited to metropolitan cities
b) Limited to government organisations
c) Extends to the whole of India
d) Limited to workplaces with more than 50 employees
166
Break the Silence
167
Handbook for POSH Practitioners
168
Break the Silence
169
Handbook for POSH Practitioners
170
Break the Silence
171
Handbook for POSH Practitioners
172
Break the Silence
Chapter 30
Appendix
Annual Report Template
Sexual Harassment of women at workplace (Prevention,
Prohibition and Redressal) Act 2013
Annual Report for the year ending …….
(Section 21)
Place
Date Authorised Signatory
173
Handbook for POSH Practitioners
To,
District Officer
<Address>
CC: <Employer>
Subject: Submission of annual report as per the requirement
of Section 21 (1) of Sexual Harassment of Woman at
Workplace (Prevention, Prohibition and Redressal) Act,
2013
Respected Sir / Madam,
We hereby submit the Annual Report of the Internal
Complaints Committee on Prevention of Sexual Harassment
for the calendar year ....
174
Break the Silence
175
Handbook for POSH Practitioners
Name
[Presiding Officer] [ICC]
Date
176
Break the Silence
177
Handbook for POSH Practitioners
178