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.
PHYSICAL CONTACT AND ADVANCES:
Shilpa approached Pranav's desk
Shilpa: Could you please review this file?
Pranav: Yes sure, come here.
Pranav places his hand on Shilpa's knee as she tries to move away.
Where: Pranav's desk
When: During office hours
What evidence was accepted?
Shilpa's direct manager whom she spoke to immediately after the incident and reported her distress and discomfort.
Shilpa’s colleague saw her emerge from Pranav’s cabin looking very distressed.
Who were the witnesses?
a. Sheela: Shilpa’s colleague
I saw Shilpa run out of Pranav’s cabin on 18th January. She was crying!
b. Ria: Shilpa’s Manager
Around the same time, she came to me distressed. I advised her to go to the Internal Committee.
What did the IC find?
Given that Shilpa’s statement is corroborated by Ria, and that Sharath also attested to noting Shilpa’s distress, on a balance of probabilities, sexual harassment is established.
What did the IC recommend?
Pranav and Shilpa’s reporting relationship will remain terminated, and there will be no contact between them.
Pranav to undergo a six-month program with HR on acceptable workplace conduct.
Pranav’s role will be frozen for the next 3 years- no pay increments or promotions.
A no-contact policy between Pranav and Shilpa will be initiated- he will have designated times when he can use public spaces such as the cafeteria and those times will be communicated to Shilpa.
How long did it take? (from complaint reporting to measures recommended by IC)