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Introduction: Binu Tamta and Anr. vs. High Court of Delhi and Ors. (Misc. Application No. 2308/2023 in W.P.(C) No. 162/2013) was decided on Novem ...
Navigating the Complex Landscape of Live-In Relationships in India: The Supreme Court’s Perspective on Live-In Relationships and the Divergent Stance of various High Courts.
The Indian society and the laws are ever-changing and evolving. There have been various changes made in the law in line with the changing social mora ...
Gandi Aurat’ not enough to constitute offence under Section 509 IPC: Delhi HC emphasizes on neutral approach while dealing with gender-specific legislations
Facts: In Varun Bhatia v. State and Another (CRL.REV.P. 1032/2018 & CRL.M.A. 48099/2018) an employee of HDFC Life Insurance filed a police com ...
There Exists No Provision of Preferring Appeal Under the Act to a Departmental Authority- Madhya Pradesh High Court
Introduction: Mukesh Khampariya vs. State of Madhya Pradesh and Ors., (Writ Petition No. 21852 of 2018) was decided on October 5, 2023. The Court ...
Sexual harassment in any form at the workplace must be viewed seriously and the harasser should not be allowed to escape from the clutches of law due to hyper technicalities- Supreme Court
Introduction: In Union of India & Ors v Dilip Paul (Civil Appeal No 6190 of 2023), decided on 6th November 2023, the Supreme Court (SC) ...
Supreme Court’s Directives for Effective Enforcement of POSH Act: Ensuring Compliance and Accountability by State and Non-State Actors
Introduction: In Aureliano Fernandes vs. State of Goa and Ors. (MANU/SC/0572/2023) Civil Appeal No. 2482 of 2014, decided on May 12, 2023, the Ap ...
Vishaka Guidelines against Sexual Harassment at Workplace
Download the Copy of Vishaka Guidelines Source - https://saksham.ugc.ac.in Introduction: In a landmark moment in the Indian jurisprud ...
Supreme Court’s Mandates for Effective Implementation of POSH Act: Directives to Union and State Governments
Brief Background: A writ petition was filed under Article 32 of Indian Constitution before the Supreme Court by an organization named Initiatives ...
When the issues addressed in both the IC and the ongoing criminal prosecution are identical, and if the petitioners were exonerated by the IC then allowing criminal proceedings to continue would amount to an abuse of power. – Delhi High Court
Background: X v. State (Govt. of NCT of Delhi) and Y v. State and Anr. (W.P. (Crl.) 2802/2019, W.P. (Crl.) 3005/2019 and Crl. M.A. 3961/202 ...
An Overview of University Grants Commission (UGC) Regulations on Preventing Sexual Harassment in Higher Education Institutions.
Introduction The University Grants Commission (UGC) has introduced a series of regulations since 2015 to address this issue of sexual harassment a ...
Madras High Court emphasized the need for Internal complaints Committee in the Armed Forces and directed Government to ensure compliance with the POSH law.
Case name: State v Commandant, Air Force Administrative College (Crl.O.P.No.23403 of 2021 and Crl.M.P.No.13845 of 2021) Facts: A woman officer ...
The Role and Importance of a POSH Consultant in the Workplace
In today’s dynamic and diverse workplace, creating a safe and inclusive environment for employees is paramount. A surefire method of achieving a safe ...
Writ petition for ‘strict implementation’ of POSH Act dismissed on grounds of prematurity.
In Senjuti Chakrabarti v. Ld. Registrar General, High Court at Calcutta & Ors, a division bench of the Calcutta High Court recently dismissed ...
“Qualifications of members of the ICC including the external member are to be considered on a case-to-case basis”- Calcutta HC
The HC also emphasized that it is necessary for the adjudicatory authority to explore the antecedents and backdrop of such usage of certain words and ...
Court Directs Compliance of Section 19(b) of the POSH Act: Displaying Penal Consequences for Sexual Harassment in the Workplace
Facts: Biyat Pragya Tripathy vs Government of Odisha & Others is a public interest litigation filed seeking implementation of Section 19(b) of th ...
A Closer Look at the Distinctive Sexual Harassment Faced by Female Doctors
Earlier this month, a female doctor filed a formal complaint against a senior doctor, alleging sexual assault during her house surgency at Genera ...
Spotlighting Legalities and Sensitivities During POSH inquiry – Capacity Building and Certification Workshop
What will it cover? All of the below will be covered through real life scenarios, case studies, activities, latest case judgements and role plays: ...
Stress, Wellbeing and the POSH Process: What you need to know!
POSH redressal process: Understanding emotional and mental health impact on Complainant ...
The Madras High Court directed the employer to verify whether the complaint filed by a nurse in 2017 was dealt in accordance with posh act, 2013
In X v. Y Health Service and Ors. (W.P. (Md) No. 2109 Of 2020, W.M.P. (Md) Nos. 3323, 1766 And 1768 Of 2020), the Madras High Court (Madurai Benc ...
Redact the name of the petitioner in the memo of parties as well as the pleadings and annexures- Delhi High Court
In X v. Airport Authority of India and Ors (W.P.(C) 9798/2022), the Delhi High Court on 04.07.2022 directed to redact the name of the Petitioner ...
“The power to transfer an employee in a transferable service, is within the prerogative of the employer” – Kerala High Court
In X v. Y (W.A. No. 1596 of 2021) the High Court of Kerala at Ernakulam on 10.08.2022 observed that “The power to transfer an employee in a transfera ...
