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.
10th May 2024 | Edition 30
Upcoming Events
Mark your calendars! In this section, we highlight an upcoming event you won't want to miss.
Watch this space for our upcoming,
highly awaited DEIB Certification
Course!
Facilitated by a diverse range of
people with rich lived experience and
professional expertise in the legal,
DEIB and psychosocial space, this is
one opportunity you don’t want to
miss!
In the Spotlight!
Explore ways to build your knowledge and capacity with our team of in-house experts!
The Calcutta HC recent ruling
suggests expressions like ‘Baby‘ &
‘Sweety‘ aren’t always sexually
suggestive. To know your opinion
regarding this ruling, on our LinkedIn
page we have discussed a scenario
where male employees file a
complaint against a superior who
favors female colleagues & uses
these endearing terms. Would you
consider this instance as sexaul
harassment?
The UGC has issued directives to
higher educational institutions,
underlining the necessity of
establishing ICs to address
instances of gender-based violence
within campus settings. In addition to
this, the UGC emphasizes the
importance of conducting
sensitization programs aimed at
creating awareness about
harassment.
May is Mental Health Awareness
month, and here’s our shout out to
ICCT for partnering with us promote
positive mental health at work! Do
you find yourself: Thinking about
safe workspaces? Feeling stress
levels on the rise around you?
Wanting to identify when stress is
prevalent within yourself & your
team? Reach out to us to know how
to get the wellbeing conversations
started for your teams!
Today, we honor the International
Day Against Homophobia,
Transphobia, and Biphobia by
celebrating hard-won progress in
LGBTQIA+ rights while recognizing
ongoing challenges. This year’s
theme, “No one left behind:
Equality, freedom and justice for
all,” emphasizes the need for
inclusive policies and protections to
ensure equal rights and access to
healthcare for all.
Stay Current!
~ Spotlighting Landmark Judgments since passing of the Law!
I - LEGAL UPDATES
The Delhi High Court ruled that
suspicion of witness intimidation isn’t
enough to drop an enquiry against a
police constable accused of sexual
harassment. Emphasizing fair
investigation under the POSH Act,
it overturned dismissal, citing
procedural fairness. HC stated that
preconceived bias of the inquiry
committee violated the constable’s
right to a fair trial.
The All India Football Federation
(AIFF) recently implemented PoSH
Policy in response to allegations
against Deepak Sharma, secretarygeneral of the HP Football
Association & owner of Khad FC, for
physically assaulting two female
football players on March 28. Goa
Police detained Sharma, prompting
AIFF to prioritize a secure
environment within Indian football.
The Allahabad High Court ruled that
offences under the POCSO Act
cannot be quashed due to
compromise between parties. A
petitioner sought to quash
proceedings after a compromise with
the minor victim. The court cited
precedents emphasizing the
seriousness of such offences,
dismissing the petitioner’s plea under
Section 482 CrPC.
The Kerala High Court ruled that
compelling a rape victim to carry the
child of her assaulter violates her
right to dignity under Article 21.
Despite MTP Act limitations, the
court approved termination beyond
24 weeks gestation, considering the
victim’s trauma, age, and well-being,
ensuring her best interests.
II - EXPLORING INTERSECTIONS
A Mumbai court ruled that consent
from a woman with intellectual
disabilities is invalid, sentencing a
man to 10 years for rape. This
judgement is crucial from an
intersectional perspective,
highlighting how consent for
individuals with intellectual
disabilities must consider their
cognitive abilities and the power
dynamics involved.
Engage with us!
Here's your weekly food for thought through a Fun Fact or Quiz.
According to UNICEF, 230 million girls and women globally have endured
Female Genital Mutilation (FGM), with the majority in Africa (144 million),
followed by Asia and the Middle East. While some communities are abandoning
the practice, progress is gradual.
To meet the Sustainable Development Goals target to end FGM by 2030, action
must accelerate, requiring urgent and unprecedented efforts, as progress
needs to be 27 times faster than in the past decade.
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: Are domestic helps employed for household chores covered
under POSH Act?
Answer: Yes, the act defines the workplace expansively, encompassing any
place visited by the employee during the course of employment, which includes
the household where the domestic help is employed. Therefore, domestic
workers are entitled to protection against sexual harassment under the
POSH Act.
Here’s all the tools you need to build safe and equitable workspaces!
Drop us a Hey, to get started!
