SAY NO TO HARRASMENT – WHY TAKE THE RISK OF NONCOMPLIANCE in Your company or organisation-RAINA KHATRI TANDONTHE first question which arises in many minds as I train in many corporate what exactly is POSH And is the compliance only for Women or even for men.As per the POSH LAW:Sexual Harassment violates the fundamental rights of a woman to equality under Articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under Article 21 of the Constitution and right to practice any profession, which includes a right to a safe environment free from Sexual Harassment.Sexual Harassment at the workplace is a horrific violation of an individual’s rightsThough we read its about women safety and security yet its about equally the responsibility of all the employees to be aware and acknowledge that it could happen to either sex and in mainly any place .WHAT DOES SEXUAL HARRASMENT INCLUDE :“Sexual Harassment” includes unwelcome sexual behaviour, whether directly or by implication, such as :

1. Physical contact and advances
2. Demand or request for sexual favors
3. Making sexually colored remarks
4. Showing pornography, or
5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature

Even though the law governing the prevention of sexual harassment in India has been existent since 1997, only a handful of companies have made the effort to comply with its mandates. Known as the Vishakha judgement of the Supreme court, it was only in 2014 that corporates in India started taking Prevention Of Sexual Harassment (POSH) guidelines seriously. This Act came into effect in December 2013 and prompted companies to set up Internal Committees (IC) to comply with the requirements of the Act. However, as per the FICCI-EY report (published in 2015), 36% of Indian companies and 25 percent of MNCs had not arranged for an IC in their organizations.What are the Stipulations of the POSH Act?The POSH Act clearly lays down a checklist of compliances for every organization. These include a properly constituted IC, providing training in order to create awareness amongst employees, orientation and skill building for the IC, and displaying the consequences of sexual harassment through posters and signage at the workplace, to name a few. The POSH Act states that non-compliance can lead to a fine of Rs 50,000 in the first instance and thereafter, loss of license to carry out businessHow has the Government Aided in the Compliance of POSH?To further tighten the compliance noose, earlier this year, the Ministry of Corporate Affairs had notified an amendment to the Companies (Accounts) Rules, 2014, requiring all eligible companies to incorporate a statement in the Board of Directors Report that they have complied with the provisions relating to constitution of an IC under the POSH Act. Failure to comply can lead to fines ranging from Rs 50,000 to Rs 25 Lakhs for the defaulter company, and Rs 50,000 to Rs 5 Lakhs or imprisonment for up to 3 years, or both, for every officer in default. With this amendment, repercussions of non-compliance of POSH mandates will result in matters being taken to the Board of Directors of every company.Violation of POSH Mandates Affects a Company’s ReputationThese mandates being made compulsory by the Government is a positive move which we can see towards the creation of safer workplaces. Apart from the risks associated with non-compliance, organizations have also realized the harmful implications of violation of POSH guidelines on the reputation of their brands. With survivors having the option of voicing their experiences on social platforms, brands now need to take proactive steps to sensitize their workforce and make them aware of their rights, including the proper channels via which survivors can file their complaints. Employees are also being educated on appropriate workplace behavior, so they are aware of the correct manner in which they should conduct themselves. It can be seen that these actions are creating an atmosphere of zero tolerance towards sexual harassment which is obviously the ideal situation.Investments Being Made to Strengthen ICsOrganizations are making notable investments to ensure that members of the IC are adequately trained, so that they may act as a almost a sensitive and aware judicial system who deal with such cases. Involving certified trainers to explain the nuances of natural justice, evidence appreciation, appropriate penalties which should be imposed and writing of orders, are just a few measures being taken to train non-legal professionals so that they may know how to appropriately handle such situations. Through case studies and mock situations, IC members are able to get a feel of how to effectively conduct a hearing and investigate further into such cases and connect with LCC and other bodies involved .IC is No Longer Just a Compliance RequirementFor a long time, companies viewed the IC merely as a compliance requirement.  Companies with poor POSH policies and implementations and malleable ICs were not viewed as a safe place to work. Through social media, as such cases started tumbling out,especially the right use of the #metoomovement  corporates realized that the need of the hour was to change with the times. Instilling confidence among employees, regarding the independence and competence of the IC is now very important. Its always important to have a Legal person with experience of over 20 years to train on IC compliances and formation of ICC.Remember, both men and women have a vested interest in having an impartial and well-trained IC. While both genders can expect to gain justice if they are sexually harassed, they are also protected from false complaints by an effective IC. Interestingly, while most men are concerned about being falsely accused, they are also rooting for a competent ICs, because they also want a workplace free from sexual harassment, where speaking up against such acts will not be a career limiting move. As a consequence, companies have started investing in high-quality external members, who can add value to an IC by virtue of their expertise.The risks of non-compliance with the POSH Act, both in letter and in spirit, have never been higher. The Act requires employers to conduct education and sensitization programmes and develop policies against Sexual Harassment, among other obligations.Building systems and processes that regulate the anti-sexual harassment guidelines internally convey the picture of a mature organisation. It is absolutely the responsibility of the management of every organisation to ensure compliance with the law for a safe and secure work environment. Sensitization and compliances are  the first step to improves employee productivity and consequently the output.Before we end the discussion of why is it important to be a POSH compliant firm/institution lets glance the  benefits

• Higher job satisfaction and employee engagement
• Higher productivity and collaboration among employees
• Higher retention of valuable employees and talent
• Improvement in workplace culture
• Respect for colleagues

Its  NOT difficult to create a Protected ,warm and friendly environment .It just requires FOCUS & ATTENTION!Remember the most Effective weapon against Harrasment is AWARENESS and COURAGE TO ACT Corporate India has woken up and is taking this compliance very seriously. As a result, we are slowly but surely heading towards a safer and more egalitarian workplace.

--Raina Khatri Tandon (Certified POSH Trainer)

rainakhatri23@gmail.com

DISCLAIMER : The views expressed in the article above are those of the authors' and do not necessarily represent or reflect the views.Or legal body/authority..They are not intended to offend an individual and should not be thought to represent official ideas, attitudes, or policies of any agency or institution.