15th March 2025 | Issue No. 72

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.

15th March 2025 | Issue No. 72

In the Spotlight!

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

Equilibrio Advisory wishes you a joyful and colorful Holi! May this festival inspire unity, inclusiveness, and celebration of diversity. Let’s embrace every shade of individuality and create workplaces where everyone feels valued and appreciated. Happy Holi!

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This week, Equilibrio Advisory LLP celebrated Employee Appreciation Day with the theme “Empowering Employees, Inspiring Success.” The event highlighted the importance of recognition in creating equitable, safe workspaces. The team reflected on their shared support and connections, emphasizing the value of both formal and informal recognition in fostering positive workplace environments.

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Adv. Vasantha Kotagiri discusses whether the POSH Act applies to sexual harassment offences under the Bharatiya Nyaya Sanhita, 2023, referencing a recent case in Kozhikode, Kerala. A 29-year-old hotel employee jumped from a window to escape sexual harassment. Harassment at the workplace allows complaints under POSH, but criminal offences take precedence.

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Young moms at Equilibrio Advisory LLP share their experiences navigating postpartum challenges at work. They highlight the importance of understanding maternity rights under the Maternity Benefit Act, 1961, and its 2017 amendment. Stay tuned for updates on an upcoming e-module focusing on maternity benefits and workplace support for young mothers.

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Inclusion at Work celebrates iconic women like Fatima Sheikh, who, alongside Savitribai Phule, empowered marginalized communities through education. Over a century ago, they challenged caste-based exclusions and promoted girls’ education. Their efforts led to the establishment of the first girls’ school, empowering countless girls to dream and learn.
 

Stay Current!

~ Spotlighting Landmark Judgments since passing of the Law!

I - LEGAL UPDATES

The Kerala High Court declared the outdated belief that Indian women wouldn’t make false sexual assault allegations. The court quashed proceedings against a petitioner accused of rape, citing lack of evidence and consensual relations. It also observed that societal perceptions about false allegations had shifted and emphasized case-by-case scrutiny.

The Supreme Court ruled that recording evidence is mandatory in disciplinary proceedings proposing major penalties to ensure fairness. The appellant’s penalty was quashed due to the failure to comply with procedural requirements, rendering the proceedings invalid. The Court reinstated the appellant with benefits, citing non-compliance with Rule 7(3).
The Kerala High Court ruled that women are eligible for surrogacy until the day they turn 51, overturning the previous interpretation that excluded eligibility once a woman reached 50. The Court emphasized the legislative intent behind the Surrogacy (Regulation) Act, 2021, and directed the respondents to issue the eligibility certificate.

II - Exploring Intersections

Sharing children’s photos online can expose them to risks like child sexual abuse material, grooming, exploitation, and loss of privacy. While it’s exciting to share moments, it’s crucial to consider the lasting impact of digital footprints and take proactive measures to protect children’s safety and privacy in the digital world.

Workplace leaders must prioritize supporting mothers returning to work postpartum, recognizing the unique challenges they face during pregnancy and after childbirth. Providing flexible work arrangements, mental health support, and adequate maternity leave are essential to help mothers transition smoothly back to their roles. By addressing these needs, organizations can foster a more inclusive and supportive environment for working moms.

Engage with us!

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

Did you know? After childbirth, a woman’s body undergoes significant physical changes to recover. The uterus shrinks back to its pre-pregnancy size, a process known as involution, which can take about six weeks. Hormone levels fluctuate dramatically, and it may take several months for energy levels to stabilize. Additionally, breastfeeding can help the uterus contract and reduce bleeding, aiding recovery while providing essential nutrients to the baby.
 

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 is postpartum depression?
 
Answer: Postpartum depression is a mental health condition that affects some women after childbirth. It involves persistent feelings of sadness, anxiety, and overwhelming fatigue, making it difficult to care for the baby or oneself. Unlike the “baby blues,” which are temporary, postpartum depression can last for months and may require treatment, such as therapy or medication, to help the mother recover and feel supported during this challenging time.

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