PoSH Act-Against women sexual harassment in online internships | Adv Bindu Dubey

PoSH Act, 2013

Covid-19 made offline work difficult and thus everything, every work sector, internship, part time or full time work, shifted their workspace to online platforms. So now, there are online meetings for business presentations, online classes for students, online shops, online everything. Even candidates trying to get into an internship connect with their employers online.

But, somehow alike offline workspace, this mode of work is also being used for conducting unprofessional behaviors, harassment as per the complaints filed by many women in recent days. Many women shared their encounters of lewd behavior on account of their seniors. Not in one particular platform, but in almost every platform this issue had been seen. Women who are facing such issues can report the occurrences to the Internal Complaints Committee of their associations. News reports likewise propose that there’s been an ascent in lewd behaviour at work during the pandemic.

The Constitution of India, in order to shield working women (temporary or permanent; paid or unpaid) from inappropriate behavior in the working environment, amended the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in 2013, commonly known as PoSH Act. PoSH Act applies to any place from where work or official business gets directed, including virtual working platforms. Thus, employers must illuminate their understudies about POSH and furthermore disclose to them the arrangements of the law to counteract in such uncomfortable situations.

· What type of behavior are we talking about?

Online work environment may incorporate, physically hued comments, hostile remarks or jokes, unwanted online advances, profane conduct during video calls, establishing uncomfortable or antagonistic workplace, and so forth. In short, lewd behavior which adversely affects the work space of the association just as the physical and mental prosperity of the distressed.

· What to do?

The redressal component as mentioned by the Constitution for victims of such improper behavior at the work, the Internal Complaints Committee, must be established with at least ten representatives in respective organisations. Any abused understudy may file the complaint to the board.

The Committee would then lead a fair investigation into the matter. On culmination of the request, the Committee will present a report to the business to act accordingly. In the event that, the blamed senior authority is seen as blameworthy by the Committee, a criminal grievance may likewise be recorded with the police under applicable arrangements of Indian Penal Code, he might be punished and money related remuneration for the distressed understudy may likewise be requested.

The business should find all prudent ways to guarantee a solid workplace for the distressed. The person may likewise demand to be moved to another office or under an alternate boss to forestall any threatening.

Messages in social media workspace must not be unprofessional. Non-working hour communications are too unprofessional and must not be encouraged. Businesses should discuss viably with their team and illuminate them regarding how inappropriate behavior won’t go on without serious consequences at the working environment. Talk about the components, the laws that exist to resolve the issue.