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Your LinkedIn Connections with the authors. To print this article, all you need is to be registered or login on Mondaq. Same actions could be taken against the Complainant as would have been taken against the accused, if found guilty under the provisions of the said Act. Asper Section 9 of the POSH Act, complaint can be filed before the ICC within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of the last incident.
The particular provision ensures and limits the scope of retaliatory complaints, as even if the complaint is accepted by the Committee after a delay of three months, the Complainant had to assign the reason for delay. Most of the false cases of sexual harassment are usually triggered by some incident between the parties, after which an afterthought complaint is filed, the probability of such cases shall reduce because of the limitation to file such complaints. Well Trained Internal Complaints Committee "ICC" or "Committee" : - The POSH Act read with applicable rules clearly specify that it is the duty of the employer to ensure and make provisions for conducting orientation programmes and seminars for the members of the ICC, organising capacity building and skill building programmes for the members of the ICC in order to ensure that there is a well-trained and skilled committee of members in place who are well informed about the subject matter.
A well-trained and skilled internal complaints committee shall be able to adjudicate the complaints in a more effective way and shall be able to decide on the complaints effectively after considering and analysing the situation and the facts along with evidences placed before them.
The external member shall be from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment. Such expertise will greatly benefit the ICC in terms of fair and impartial handling of the complaint leading to a rational order. One of the very basic objectives to involve an external member is to ensure that the parties to the complaint can be self-assured that the internal dynamics or management of the workplace shall not be having any effect on the working of the external member.
Informal Mechanism of Resolving the Complaint: - Many a time there is a misunderstanding between the parties, and intent of the accused gets misconstrued in a different manner to the complainant. In order to prevent such situations, the POSH Act mandatorily requires the ICC to explore the possibility of conciliation between the parties before initiating an inquiry and at the request of the aggrieved woman take steps to settle the matter between her and the respondent through conciliation, provided the basis for such proceedings are not monetary settlement.
Principles of Natural Justice to be Followed: - The intent of the legislation is to ensure that no party should be condemned unheard, the POSH Act specifically states that the ICC should follow the principles of natural justice while conducting the inquiry into the complaint which means that the respondent should be given reasonable opportunity to present his case.
Once the complaint is filed, a copy of the complaint along with the documentation filed with the complaint is required to be shared with the respondent within 7 days from the date of receipt of the Complaint. Respondent gets a reasonable time and opportunity to reply to the accusations and lead his case with the evidence and witnesses from his end. Maintaining Confidentiality of the Parties: - In order to prevent any embarrassment or witch-hunting of the parties to the complaint including the accused, the POSH Act, prohibits any publication or making known the contents of the complaint and inquiry proceedings sub-judice with the ICC.
Section 16 and 17 of the POSH Act, clearly prohibits dissemination of any information related to the conducting of the inquiry into the complaint which also includes conciliation proceedings and recommendations provided by the ICC.
Penal Provisions for Breach of Confidentiality : - In the event, anyone is found to be in breach of confidentiality provisions, the Act specifies for strict actions to be taken as per the service rules of the organisation along with a penalty of Rs. Applicability of Service Rules: - Applicability of the service rules to the POSH Act in terms of penalising the complainant on filing of the false complaint clearly shows that it is treated as mis-conduct under the service rules applicable to the employees of the organisation.
This generates a significant deterrent in the filing of false complaints, as the penalty could be in the form of suspension, demotion and even termination of employment. Everyone's capacity for pain is different. Sadly, there still seems to be a vast number of women and men who consider you a coward if you haven't managed a vaginal birth. This seems like the sickest, most pointless form of oneupmanship: I did it, so why can't you?
Yet again, the "too posh to push" brigade have become the focus, obscuring what is a far more important debate: why emergency caesareans are on the increase. Significantly, London trusts had the highest rate of emergency caesareans.
There are several issues at play here, none of which is discussed openly. First, women are getting fatter. Second, babies are getting bigger. And third, the level of one-to-one care in London hospitals is the worst in the country. In most cases, these operations are carried out to save either the baby's life or the mother's.
I wish I'd had a choice about how my daughter was born, but fate had other plans. Rather than grudging those who do, surely we should celebrate the luxury of choice in an age where giving birth is the safest it has ever been. A baby is a baby, however it arrives. Every baby is a miracle and every mother is a hero. After years of having to suffer the manufactured pop churned out by The X Factor, are music lovers about to get the last laugh? The latest word is that John and Edward Grimes henceforth commonly known as Jedward, though I prefer The Tone Deaf Twins are so popular with the viewing public that they are actually in with a chance of winning the competition.
Whoever coined the phrase "pop will eat itself" was a wiser man than he knew, for truly, Frankenstein's monster is ready to feast on the bones of his creator. Caesarean rates have more than doubled since the s. Far from being an "easy alternative" to traditional labour, it is still regarded as major surgery, despite increases in safety over the past two decades which have reduced the need for general anaesthetics.
Like any major operation, it carries the risk of bleeding and infection, and the wound can also make it harder for a new mother to cope in the first few weeks following birth. As such, it is generally reserved for cases in which the risks of delivering clearly outweigh the risks of a Caesarean. However, the reason for the sharp rise in caesareans is not entirely clear, with some suspicion some low-risk women were being offered it for non-medical reasons.
Of these, , were delivered by caesarean, and the reasons for this choice were analysed. A clear majority of women with serious medical complications in labour also had the operation. There was no evidence low-risk women were being given caesareans inappropriately. Caesarean rates varied widely between hospital trusts, with They concluded the reason for this was probably the different points at which doctors decided problems in labour were severe enough to merit a caesarean.
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