Understanding the nuances of BCCI PoSH Policy

The Board of Control for Cricket in India (“BCCI”), recently released their policy on sexual harassment in the workplace (“PoSH Policy”). This decision came as a response to the National Human Rights Commission’s (NHRC) notice. Implementing a PoSH Policy goes beyond legal requirements. It provides clear guidelines, ensuring a safe and respectful workplace. Addressing harassment and fostering trust, promotes inclusivity and accountability, shaping a positive organizational culture. 

Scope of the BCCI PoSH policy

The policy applies to everyone, including committees, departments, and groups established by or under the Board, such as those related to the Indian Premier League (“IPL”) and the National Cricket Academy (“NCA”) (collectively referred to as “BCCI”). It addresses sexual harassment complaints comprehensively. This policy is in addition to the PoSH Act and not in exclusion of it. Also, any matter not discussed within the policy will be dealt with in accordance with the law.

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Positive aspects of the policy

The BCCI PoSH policy is comprehensive and covers many important aspects of PoSH law and beyond. Let’s understand these important features of the policy:

• It widely defines sexual harassment, including instances that are physical, verbal, or non-verbal, and those that create a hostile work environment, in line with the PoSH Act.
• The workplace has been widely defined and includes office premises, match venues, venues where BCCI players train, match-related transportation, all meetings and promotional and endorsement events that BCCI Personnel attend as representatives of BCCI, and accommodations such as hotels and hostels.
• The policy clearly states what the investigation procedure is going to look like after a complaint is filed. Some organizations only state the complaint filing process for the employees’ perusal. However, it is crucial that employees are also aware of how the inquiry of the complaint is going to be handled.
• The policy is gender-neutral. It provides for creating and maintaining a safe and inclusive workplace for all persons associated with BCCI regardless of their gender identity. 

Also read: Empowering HR: Embracing gender-neutral perspectives in PoSH complaints

• The policy also explicitly makes acts of victimizing/ influencing/ intimidating anyone seeking help under the policy punishable, which is important considering how power dynamics and peer pressure come into play in the sports fraternity.
• It has clear and concise information on the Internal Committee (“IC”), where complaints can be filed, the process for conciliation, and the timelines in a PoSH investigation. Interim measures and punishments are clearly defined and are informed by the PoSH Act and Rules.

 Areas for improvement

Although the BCCI PoSH policy is a step in the right direction, there are still some gaps that need to be filled. Let us understand these areas for improvement in a little detail:

• The policy defines BCCI Personnel widely and therefore has wide applicability. However, there is no explicit mention of interns, volunteers, or those employed on an ad-hoc basis. As per the PoSH Act, the policy must be applicable to every person associated with the organization regardless of the capacity in which they are associated.
• Furthermore, there is no explicit mention of the interactions that BCCI personnel can have with those from outside the organization. This is important because an outside person can encounter harassment at the hands of a BCCI personnel, or vice versa, and these are instances that can legally fall under the jurisdiction of the BCCI IC.
• Further, while workplaces have been defined inclusively (which means a workplace is not restricted to the definition in the policy), there is no explicit mention of virtual workspaces and mediums.

Also read: How can POSH Compliance fuel business growth?

Conclusion

This step taken by BCCI might be a delayed step but is a step in the right direction. Such policies contribute to making the world a little better and safer for the people. This policy sets an example for other organizations, and institutions by fostering diversity and inclusivity in it. Another important aspect cannot be overshadowed here and that is that forming a policy is one thing but implementing effectively is another thing. So, while we are celebrating this comprehensive BCCI PoSH policy, we are also looking forward to its implementation. 

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Written by:

Shambhavi Rai is a member of the PoSH & DEI team at Ungender. Her work is driven by her understanding and knowledge of the PoSH law.

Aarshi Katiyar is a member of the content and communication team at Ungender. Her work is driven by her understanding of the PoSH law, her writing, and her conversations with the experts in the field of PoSH and DEI.