Case Studies

Case Studies

Disclaimer: The following are real life case studies of the POSH law in India. These are meant for educational purposes only and are not meant to be circulated.The recommended measures in the case studies are purely prescriptive and based on the unique circumstances. They are not meant to substitute any form of legal advice.

UNWELCOME PHYSICAL, VERBAL OR NON-VERBAL CONDUCT OF A SEXUAL NATURE

 

CASE

  1. What happened?
    Where:
    Cab, while returning from a work conference

    Ashok is Revathi’s mentor and senior manager. Revathi is in line for a promotion and is expecting to be promoted in the following week.
    Ashok: Revathi, you must be excited about your promotion. Shall we go to my house and continue this conversation?
    Revathi: Sorry Ashok, I have to go home. 
    Revathi got off the cab near her house. 
    The next day at office, Ashok gives his manager a bad report on Revathi’s work stating she is irresponsible and incompetent in the project she is currently handling. 
    On hearing this,
    Revathi: Ashok, why did you submit a report saying I’m not capable? You know I deserve that promotion and can handle the project very well. Please talk to the management about my promotion.
    Ashok: We can think of an arrangement but you will have to come to my house this time.

     

  2. What evidence was accepted?

    1. Testimonial Evidence
       

  3. Who were the witnesses?

    1. Aziza: Ashok reports to Aziza.
      Aziza: I’ve reviewed the report that Revathi submitted. It is impeccable and Ashok has never complained about Revathi’s performance. Ashok has already recommended Ved, another colleague, for that role.
       

  4. What did the IC find? 

    1. Aziza’s comment attests that Revathi was qualified for the performance. When the committee examined the chain of events, it was clear that Revathi would not be familiar with the new role had Ashok not discussed it with her, as she knew details only he and Aziza were privy to. Ashok discussed the role with Revathi, after he had recommended Ved for the role. Hence, it is clear that Ashok discussed it as leverage to proposition the complainant. 
       

  5. What did the IC recommend?

    1. Ashok to resign from the organization with immediate effect
       

  6. How long did it take? 
    3 months 

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