The Equilibrio Gazette
A brief bulletin for building safe workspaces!
This weekly newsletter is your gateway to staying current on relevant
laws (like POSH, POCSO, Transgender Persons Act, etc.) and the
psychosocial intersections that impact the workplace.
13th September 2024 | Issue No. 47
Upcoming Events
Mark your calendars! In this section, we highlight an upcoming event you won't want to miss.
In our training session for Internal Committee (IC) Members, we will offer a detailed overview of the POSH Law, supported by over a decade of industry expertise. We will also highlight the latest legal updates on POSH compliance. This session is a valuable opportunity to enhance your skills and ensure your IC remains current with compliance requirements.
In the Spotlight!
Explore ways to build your knowledge and capacity with our team of in-house experts!
In the latest session of our DEIB Certification Course that looked into the intersections of caste, ethnicity and religion at the workspace, we were grateful to have Srija Naskar (She/Her) as our guest speaker. Srija, an academic and ex-journalist took our cohort through the socio-historic function of caste in the Indian subcontinent and provided an insightful glimpse into the intersection of caste and gender.
On World Suicide Prevention Day, we highlighted India’s evolving legal approach to suicide. While the IPC criminalized attempts, the Mental Healthcare Act of 2017 decriminalized them, focusing on support for those at risk. The Bharatiya Nyaya Sanhita, 2023 continues this trend, holding abetment accountable while offering better care for individuals with suicidal tendencies.
The triennial theme for 2024-2026, “Changing the Narrative on Suicide,” encourages open conversations to dispel the myth that talking about suicide promotes it. Silence reinforces stigma and prevents access to support. Engaging in informed discussions reduces isolation and fosters connection. However, it’s crucial to prioritize self-care and recognize personal boundaries, as it’s okay not to have all the answers. Reaching out for support, even while helping others, is equally important.
Stay Current!
~ Spotlighting Landmark Judgments since passing of the Law!
I - LEGAL UPDATES
The Kerala High Court criticized the State Government’s delay in acting on the Justice Hema Committee Report, which addressed workplace issues for women, including in the film industry. Despite the report’s findings, action only began in August 2024. The Court’s comment that the POSH Act doesn’t cover job-seeking women contradicts the Act’s broad protection, which includes such women under its definition of “aggrieved woman.”
The Madhya Pradesh High Court dismissed charges of sexual harassment and attempted suicide against a Deputy Commandant due to unreliable evidence. The court found that the dying declaration lacked material proof linking the petitioner to the alleged criminal acts. Additionally, a statutory committee deemed the harassment claims false, leading to the charges’ dismissal.
The Central Administrative Tribunal Ernakulam Bench ruled that an applicant must comply with a POSH inquiry conducted by a new committee in New Delhi. The Tribunal upheld the committee’s legitimacy and allowed the applicant to participate in the inquiry either online or in person, dismissing claims of procedural errors.
The Supreme Court overturned a Calcutta High Court judgment that acquitted a 25-year-old accused under the POCSO Act, based on an inappropriate categorization of the case as “romantic.” The Supreme Court emphasized that serious offenses like rape cannot be dismissed due to settlements, reaffirming protections for minors under the POCSO Act.
II - Exploring Intersections
Building an ethical workplace involves upholding values like accountability, honesty, and respect, fostering a psychologically safe environment where employees feel valued. Compliance with the POSH Act 2013 supports this by mandating measures to prevent and address sexual harassment, thereby reinforcing ethical behavior and legal adherence in the workplace.
In our DEIB Certification Course, we delved into the complexities of allyship, particularly for LGBTQIA+ communities. Key skills highlighted include managing unconscious bias, addressing microaggressions with patience, explaining marginalization clearly, and handling the emotional labor of activism. Allyship requires ongoing self-improvement, empathy, and incremental change. For a deeper exploration of these topics, visit our website.
Engage with us!
Here's your weekly food for thought through a Fun Fact or Quiz.
The latest notification from the Union government requires all applicants for the Unique Disability ID (UDID) to provide an Aadhaar card or proof of Aadhaar application. This new rule mandates that disabled individuals must present their Aadhaar card to access various government benefits, including scholarships and disability services. If they lack an Aadhaar number, they must provide an Aadhaar enrolment slip with other required documents. If you or someone you know is physically disabled and unable to visit an Aadhaar Enrolment Centre, UIDAI offers special assistance. Enrolment officials can visit the person’s home to complete the process. Ensure you have all necessary documents ready, like proof of identity and address. For assistance, contact UIDAI to arrange home enrolment and make the process smoother.
Have a burning question about POSH? Maybe Mental Health at Work, Child safety or DEI&B strategies? Drop us an email with your query and we would love to answer it, in all seriousness.
Curious Cat: How to respond when you someone you know is suicidal?
Answer: To respond to someone who might be suicidal, first, unlearn myths around suicide. Learn to recognize warning signs like changes in behavior or mood. Take any suicidal statements seriously and trust your instincts. Engage with active listening and ask direct questions their plans, while affirm the person’s feelings. Encourage seeking professional help and support them in finding resources. Ensure their immediate safety by not leaving them alone and removing potential means of harm. Seek emergency assistance if necessary.
Here’s all the tools you need to build safe and equitable workspaces!
Drop us a Hey, to get started!
