9th November 2024 | Issue No. 55

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.

8th November 2024 / Issue No. 55

Upcoming Events

Mark your calendars! In this section, we highlight an upcoming event you won't want to miss.

If you’re intrigued or have questions about how to conduct inquiries or training on POSH a decade after its implementation, you’re not alone. With evolving ground realities, it’s crucial that training programs are updated to reflect these changes. Our “Train the Trainer” workshop equips participants with the latest tools and insights to conduct effective POSH awareness sessions and inquiries. Join us to stay ahead.

In the Spotlight!

Explore ways to build your knowledge and capacity with our team of in-house experts!

Equilibrio LLP is excited to announce the release of our highly anticipated research on the Prevention of Sexual Harassment at the Workplace. After nearly a year of gathering insights from our experiences as External Members, Trainers, and Consultants, we’ve compiled a comprehensive study that addresses key trends from 2022-2023. This report explores emerging industry practices, complaint handling, redressal options, and more. Download the full POSH Survey Report on our website now.

The POCSO Act is a gender-neutral law designed to ensure the protection and well-being of children, regardless of their gender. According to Section 2(d) of the POCSO Act, a child is anyone under the age of eighteen. The law treats both male and female children equally as potential victims, and it does not differentiate between victims and perpetrators based on gender.
In today’s fast-paced world, stress has become a part of daily life, driven by work pressures, deadlines, and personal responsibilities. While stress is a natural response, chronic stress can negatively affect both physical and mental well-being. This Stress Awareness Week, we’ll break down what stress looks like and how to manage it. To learn more, visit our LinkedIn page.
Last month, we observed ADHD Awareness Month, challenging the long-held view of ADHD as a disorder. Historically, individuals with ADHD were often seen as inferior to their neurotypical peers. The neurodiversity perspective, however, encourages acceptance and understanding of neurological differences, including ADHD. To learn more about this shift and how it promotes a more inclusive world, visit our LinkedIn page.

Stay Current!

~ Spotlighting Landmark Judgments since passing of the Law!

I - LEGAL UPDATES

The Kerala High Court ruled that photographing a woman is not voyeurism under Section 354C IPC unless done in circumstances where she expects privacy. In a case where two men allegedly photographed and made sexually suggestive gestures towards a woman, the court dismissed the voyeurism charge but upheld charges under Section 509 IPC for insulting her modesty.
The Supreme Court dismissed a PIL seeking a mental health platform for lawyers, emphasizing that Bar Associations should lead efforts to address work-related stress. While acknowledging the mental health challenges in the legal profession, the Court stated such issues require policy intervention and should be handled by professional bodies, not the judiciary.
The Supreme Court ruled that sexual assault under the POCSO Act cannot be quashed based on a private compromise. The case involved a teacher accused of sexually assaulting a minor, with the Rajasthan High Court previously dismissing the FIR after a settlement. The SC emphasized that such crimes are societal offenses, not private matters, and must be prosecuted.

II - Exploring Intersections

The Orissa High Court upheld the conviction of a former MLA for the murder of his pregnant wife in 1995, rejecting claims of suicide. The Court emphasized signs of domestic violence, including blunt force trauma and the victim’s desperate cries for help. The Court noted that a woman in her second trimester is unlikely to harm herself or her unborn child without significant cause, and the victim’s screams suggested a plea for help rather than self-infliction. The conviction was upheld, with the Court criticizing the prolonged trial process.

Engage with us!

Here's your weekly food for thought through a Fun Fact or Quiz.

Did you know?
Marital rape, the act of non-consensual sex between married partners, remains legal in many countries. The United Nations urges global recognition of marital rape as a crime, emphasizing its violation of human rights. Statistics show that 1 in 10 women globally experience marital rape. Countries like Canada, the UK, Nepal, and Sweden have criminalized it. In Asia, Nepal, the Philippines, and Taiwan have outlawed marital rape, while India remains divided.
Criminalizing marital rape shifts societal perceptions by recognizing women’s autonomy and dignity, challenging patriarchal control. It empowers women to report abuse, reduces stigma, and promotes healthier relationships based on mutual respect, consent, and equality, ultimately lowering domestic violence and protecting women’s rights.

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: What are the global efforts to address childhood violence, and what statistics highlight the severity of the issue?

Answer: Over 100 governments have committed to ending childhood violence, with pledges to ban corporal punishment affecting 3 out of 5 children. WHO reports that 1 billion children globally face violence, with less than 10% receiving help. Preventative measures, including parenting support and school interventions, can reduce childhood violence by 20-50%, improving children’s health and safety.

Here’s all the tools you need to build safe and equitable workspaces!
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