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Case Studies

Case Studies

Disclaimer: The following are real life case studies of the POSH law in India. These are meant for educational purposes only and are not meant to be circulated.The recommended measures in the case studies are purely prescriptive and based on the unique circumstances. They are not meant to substitute any form of legal advice.

SHOWING PORNOGRAPHY

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CASE 

  1. What happened?
    Lalitha works in an ad agency company along with Ritvik.
    Where: Zoom meeting 

    Ritvik: Hey Lalitha can you join the meeting 10 mins early today? I want to discuss this new awareness campaign. 
    Lalitha: Sure
    Zoom meeting - 
    Ritvik: Let me share my screen. Have a look at these, its for the campaign. We have to make a proposal soon. (Ritvik shows her inappropriate graphics and vulgar sketches) 
    Lalitha: Ritvik, I’m not comfortable looking at such images. Let’s discuss it on Monday in office. 
    The next day, Ritvik shared the images on Whatsapp. 
    On enquiring with their head, Lalitha found out that there was no such awareness campaign in the pipeline.
     

  2. What evidence was accepted? 

    1. WhatsApp screenshots and text messages

    2. Testimonial evidence 
       

  3. Who were the witnesses?

    1. Not applicable
       

  4. What did the IC find? 

    1. Sexual harassment is established as the committee examined the content submitted by Lalitha and concluded that the content was inappropriate, due to its sexual nature. The images are pornographic in nature. 
       

  5. What did the IC recommend?

    1. Suspension and POSH course for Ritvik 

    2. Ritvik to be on a one-year probation

    3. HR warning to be given to Ritvik
       

  6. How long did it take?
    2 months 

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