28th February 2025 | Issue No. 70

Illustration highlighting October as Mental Health Awareness Month in the workplace, featuring calming elements like plants and symbols of well-being, promoting stress management and emotional support among employees.

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.

28th February 2025 | Issue No. 70

Illustration highlighting October as Mental Health Awareness Month in the workplace, featuring calming elements like plants and symbols of well-being, promoting stress management and emotional support among employees.

In the Spotlight!

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

The POSH Act applies to educational institutions, allowing students and employees to file sexual harassment complaints. Even within consensual relationships, boundary violations can lead to harassment. Internal Committees must address such cases carefully. Equilibrio Advisory offers legal, psychosocial support, and awareness programs to help navigate sensitive situation.

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Free consent under the POSH Act refers to voluntary, informed agreement without coercion or undue pressure. Although not explicitly defined, the Act emphasizes unwelcome conduct, suggesting consent must be freely given. Section 3 further implies that consent should not be influenced by fear, intimidation, or any form of pressure.

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As digital access grows, it’s essential to recognize the responsibilities in safeguarding children from harmful content. Content creators, parents, and stakeholders must ensure age-appropriate materials, use parental controls, promote media literacy, and create safe spaces for children to navigate online spaces responsibly. Proper labeling and awareness are key.

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LGBTQ+ History Month celebrates the achievements, struggles, and history of the LGBTQ+ community. It highlights the evolution of queer rights, fosters community, and advocates for visibility and allyship. In India, significant progress has been made despite ongoing sociocultural barriers.
 
Recently, the world’s first out imam, an Islamic scholar and LGBTQ activist, Muhsin Hendricks was shot dead. He led a life of advocacy and created inclusive spaces for queer Muslims in South Africa. His death is a clear violation of the queer and trans community’s right to live authentic lives. It signals the urgent need for greater advocacy and allyship for the global LGBTQ+ community.
 
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Stay Current!

~ Spotlighting Landmark Judgments since passing of the Law!

I - LEGAL UPDATES

Poshequilli

The Delhi High Court granted bail to an applicant involved in a relationship with a complainant who later accused him of blackmail and threats after their breakup. The court emphasized the need to distinguish between consensual relationships and coercion, considering the complexities of workplace relationships and granted bail with conditions.

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The Punjab HC ruled that terminating an employee during maternity leave is unlawful. In this case, a woman’s service was terminated while she was on maternity leave, and her leave was curtailed. The court deemed this termination illegal and ordered the payment of her salary for the maternity leave period.
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CSAW

The Kerala HC upheld the appointment of Mr. A to the Child Welfare Committee but emphasized that members must have at least seven years of active, direct involvement in child welfare. The court clarified that “active involvement” requires substantial experience in child protection, not peripheral roles in health or general welfare.

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II - Exploring Intersections

The concept of consent under the POSH Law emphasizes that it must be voluntary, informed, specific, and free from coercion or undue influence. Judicial interpretations highlight that consent obtained through fear, misconception, or manipulation is invalid. For a deeper understanding of consent in sexual harassment cases.

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The suicide of a young female student in a Higher Educational Institution (HEI) highlights issues of harassment, vulnerability, and lack of institutional support. The case underscores the need for comprehensive mental health support, awareness sessions, and training for staff to ensure student safety, well-being, and effective intervention for marginalized identities.

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Engage with us!

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

Did You Know?
 
Ronit Jha, who is a transman, has become one of the first sub-inspectors of the Bihar police force who hails from the community. Ronit, a resident of Sitamarhi, Bihar, cracked the Bihar Police Subordinate Services Commission (BPSSC) exam to secure his post.
This is a step in the right direction towards creating diverse workspaces, by the Indian State authorities. In a similar display of solidarity, last year, the request of a trans civil service officer, M Anukathir Surya, to change his name, was approved by the Government of India.
 

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 risks of relying on the internet for self-diagnosing mental health symptoms instead of consulting a professional?
 
Answer: While it’s encouraging that people seek help, internet-based self-diagnosis can be misleading. Mental health disorders are complex, and online information may lack accuracy or nuance. A professional diagnosis ensures proper understanding, treatment, and medication. Relying on the internet may lead to misdiagnosis, delayed treatment, or worsening symptoms, making professional guidance essential for effective mental health care. Reach out to us at Mental Health At Work if you need any support.
 

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