Does the PoSH Act 2013 Apply to Weekly Networking Groups and Socials? Seeking Expert Insights

As part of a networking group, the female entrepreneurs are asking me this question repeatedly. So I am putting the same question to the experts of this platform. We are a part of a networking group. The meetings are conducted weekly, and some socials are arranged. Would PoSH Act 2013 apply to such networking places?

Thanks & Regards
Anjali

Hi Anjali,

Understanding the PoSH Act

The PoSH Act, which stands for the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, is an Indian legislation that aims to prevent and address instances of sexual harassment of women in the workplace.

Applicability of the PoSH Act

It's important to note that the applicability of the PoSH Act depends on the specific circumstances and nature of the networking group you're referring to. Here are some key factors to consider:

Workplace Definition

The PoSH Act typically applies to formal workplaces where there is an employer-employee relationship. If your networking group is an informal gathering without any formal employer-employee structure, the act may not directly apply.

Nature of Interaction

If the networking group involves professional interactions that could be considered a form of work or business activity, the PoSH Act may potentially apply. For instance, if the group discusses business strategies, collaborations, or other professional matters, it might be considered a workplace under the act.

Code of Conduct

Even if the PoSH Act doesn't directly apply, it's advisable to establish a code of conduct that explicitly addresses respectful behavior and prohibits any form of harassment. This can help create a safe and inclusive environment for all members.

Voluntary Compliance

Even if not legally mandated, many organizations and groups choose to voluntarily implement policies similar to those outlined in the PoSH Act to ensure a safe and respectful environment.

Local Regulations

Depending on the region or state within India, there may be specific regulations or guidelines that apply to various types of organizations or groups, even if they don't fall under the PoSH Act.

Given these considerations, it's recommended to consult with a legal professional or expert in Indian labor laws who can provide specific advice based on the exact nature and structure of your networking group. They will be able to provide guidance on how to create a safe and inclusive environment for all members, regardless of whether the PoSH Act directly applies.

Thanks,

The PoSH Act of 2013 primarily applies to formal workplaces and employment relationships. If your networking group and social events are informal and not work-related, the act may not directly apply. However, it's important to promote a safe and respectful environment and educate members about preventing sexual harassment.

The Protection of Women from Sexual Harassment at Workplace Act (PoSH Act) of 2013

The PoSH Act of 2013 is a legal framework in India designed to address issues of sexual harassment within formal workplace settings. Whether it applies to your networking group or the social events associated with it hinges on various contextual factors. Here's a more elaborate breakdown:

Workplace Environment

The PoSH Act is primarily tailored to regulate and govern situations in formal workplace settings, such as organizations, institutions, companies, and entities where employees engage in work-related activities. If your networking group meetings or social events are conducted in such environments, there is a higher likelihood that the PoSH Act may apply.

Employment Relationship

The PoSH Act is intended to safeguard women in their capacity as employees or workers. If the individuals attending your meetings and social events do not share an employer-employee relationship, the act may not have direct relevance.

Informal Gatherings

If your networking group primarily constitutes a voluntary and informal assembly of individuals with no official ties to an employer, it is less likely to be considered a workplace under the PoSH Act.

Purpose of Gatherings

The nature and intent of your meetings and social events hold significant weight. If these gatherings are predominantly social or geared towards networking rather than work-related functions, the applicability of the PoSH Act becomes less clear.

Prevention and Awareness

While the PoSH Act might not directly apply to your situation, it's vital for any organization or group to be proactive about addressing and preventing sexual harassment. Educating members about what constitutes harassment and how to deal with it is a crucial step in fostering a safe and respectful environment. Promoting a culture of respect and inclusivity is good practice for all groups, irrespective of legal obligations.

In conclusion, whether the PoSH Act applies to your networking group largely depends on the specific circumstances and the nature of the activities conducted within the group. It's advisable to consider implementing policies and practices to prevent and address sexual harassment or consult a legal expert for specific guidance.

In a nutshell, while the PoSH Act may not directly pertain to your group, creating a culture of respect and taking proactive steps to prevent sexual harassment is essential.

Dear CiteHR member Ms. Anjali Choudhary,

Although Dr. Raghunath and Ms. Dipti Srivastava have clarified the scope of applicability of the POSH Act, i.e., SHWW (PPR) Act 2013, and have primarily delved into the employer-employee relationship concerning the workplace, they have opined that such a relationship is not present in the case of a Networking Group. Here, I wish to underline the fact that the SHWW (PPR) Act 2013 has defined the workplace, and according to Section 2(o)(ii), a Networking Group would be treated as an 'enterprise' or a 'private venture' and hence would be regarded as a workplace. The Act does not distinguish between a registered or an unregistered entity. Since 'entrepreneurs' are participating in your Networking Group, then who will be treated as an employer? The answer is found in Section 2(g)(ii), which stipulates that "(ii) in any workplace not covered under sub-clause (i), any person responsible for the management, supervision, and control of the workplace" would be deemed as an employer. From these enabling provisions, it is evident that the SHWW PPR Act 2013 has the potential for application to a 'Networking Group'.

Since a specific relationship of 'employer-employee' is not present, any complaint of sexual harassment, if received by the Networking Group, will be required to be forwarded to the Local Committee constituted by the State Government under Section 6 of the Act. The aggrieved woman can make a complaint of sexual harassment to any of the following authorities:
(i) to the person responsible for managing Networking Group meetings and social events,
(ii) to the Local Committee constituted by the State Government, or
(iii) to the Police under Section 354 and/or 354A under IPC for sexual harassment.

It is also clarified that even a third-party woman, i.e., any woman visitor or invitee, is also covered under the above provisions if any act of sexual harassment takes place during any meeting or social event.

I do hope these additional clarifications would answer your query. Any further query will be welcome.

With best wishes and thanks,

C.M. Lal Srivastava
Master Consultant / Member IC
[Phone Number Removed For Privacy-Reasons]
[Email Removed For Privacy Reasons]
New Delhi/Sunday/29.10.2023/10:50 pm